employment without set contract.

redrose1 · Post by **redrose1** » Sat Aug 25, 2012 3:00 pm

Hello I've recently married and work as bank/agency worker in a hospital my yearly salary is £14000 and I have no written contract, will I still be able to apply for my husband spouse visa with payslips and savings as proof that iI can support him

Post by **MPH80** » Sat Aug 25, 2012 3:10 pm

The letter you have from your employer for the application will require the confirmation of your signed contract (see appendix FM-SE of the immigration rules on the UKBA website). I'm surprised the HR department of any hospital would allow a situation to occur where a signed contract was not in place. I suggest you contact them and get one arranged.

However, your salary level is too low to make a spouse visa application. You will need to be able to show an income level of at least £18,600 per annum.

Do you have other income sources or savings which might be able to cover the shortfall?

M.

redrose1 · Post by **redrose1** » Sat Aug 25, 2012 5:12 pm

Hello thanks for your reply I've rang the agency department they basically said that because I don't work fixed hours therefore I'm not entitled to a contract. I don't know if that's true and I have calculated that I need a minimum of £27000 of savings. Will i have a strong ground for application?

Post by **MPH80** » Sat Aug 25, 2012 6:31 pm

Ok - if you're working via an agency - then you have a contract with the agency right?

So that's your contract and that's your employer.

In terms of your application - if you've got the £27.5k of savings - then you're ok.

But here's the rub - the salary level is calculated at it's lowest level for the past 6 months - so if you're earning £14k a year that's one thing - but the problem is if you're earning £500 in one month and £2k in another - they (appear to be anyway) will be using the £500 as their salary marker.

As such - £500 a month would be just £3k a year - leaving you with a savings shortfall of £55k to fill.

Can you post more details - and then we can answer better.

M.

redrose1 · Post by **redrose1** » Sat Aug 25, 2012 8:27 pm

Hello I earn between £750-1300 per month dependent on how many hours I work per month, so what your saying even though I could meet the minimum savings threshold they could still refuse his applicatioon if they see I don't have enough funds to support my husband based on the £750 marker?

Post by **MPH80** » Sat Aug 25, 2012 9:17 pm

Not quite. What I'm saying is that if you earn a minimum of £750 a month - then that's what they'll use for your income level.

Now - you can make up a shortfall of income from the £18,600 threshold with savings.

The amount of savings required (as I think you know) is (16000 + (shortfall * 2.5)).

So if they work out your income to be just (750 * 12) £9000 pa - then you have a income shortfall of (18600-9000) 9600.

Running that equation - it means you'll need to show your income AND £40,000 of savings.

M.

redrose1 · Post by **redrose1** » Mon Aug 27, 2012 6:47 am

This is quite helpful. Many thanks M.

republique · Post by **republique** » Mon Aug 27, 2012 10:06 am

redrose1 wrote:Hello thanks for your reply I've rang the agency department they basically said that because I don't work fixed hours therefore I'm not entitled to a contract. I don't know if that's true and I have calculated that I need a minimum of £27000 of savings. Will i have a strong ground for application?

it's called a zero hour contract so you can get a contract of sorts.

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employment without set contract.

employment without set contract.