Spouse visa

[pt1988]

I earn a salary of £15000 a year that's my contracted salary, I make just above £24,000 with overtime, I believe its accepted reading on this helpful forum.

appendix 2, question 3.3 income from salaried employment complete part 3A, it gives 2 categories, A and B.

I believe I need to choose category A and provide last 6 months payslips, my latest P60 but my problem is how do I answer the next question..which is question 3.11 What is your sponsors annual income from this employment before tax?
How will I calculate my yearly salary based on the last 6 months payslips and how would the ECO calculate it? what do I put in this box becuase if I put my £15k salary I would not qualify against the £18.6K minimum requirement!

Guys please clarify this for me asap thanks

[geriatrix]

Can I please have a complete list of the documents required for UK Spouse visa from overseas, if possible in detail thanks.

[Franko]

The ECO will take your lowest earning month of the previous 6 and use this to calculate your income. Hence the minimum you must have earned in any of the months is £1550 before deductions.

[harv]

Although you are employed the overtime is not included in your base annual salary, but hopefully that should be fine as well. You should provide the following:

- Your last 6 months payslips, all showing anything above £1,550 a month before tax and it can include you overtime. The ECO will use the lowest paid month to calculate your annual salary.
- Your Last 6 months bank statements showing income going into your account.
- Your P60 from the previous year showing annual income meeting £18,600 requirement.
- A letter from your employer outlining your base salary and overtime for the past year as an additional income. To show that your income from your employer meets the financial requirements. If your employer mentiones the magic word 'Guaranteed Overtime', it would make things even better.

This is just a quick list of some documents you may need.

Hope this helps.

[cmt30]

Hi, just wanted to check. I earn £360 a week before tax.
so if its £360 * 4 thats £1440 a month, will I not meet the min requirements for annual wage?

[harv]

There are two ways of getting a number out for your annual equivalent when paid weekly, but you need to be honest with yourself and check what you have in your P60 as your annual figure and not just the payslips.

I think the ECO may go with the calculation you and refuse your application on shortfall basis. So with your calculations you need to have the following scenario:

Weekly £360
Monthly £360 X 4 = £1,440
Annual £1,440 X 12 = £17,280
Shart fall = £18,600 - £17,280 = £1,320

Savings need to show = £16,000 + £1,320 X 2.5 = £19,300

___________________________
Scenario B

Weekly £360
Annual £360 X 52 = £18,720


So if the ECO decides to use the 52 weeks general rule than you are safe without a shortfal, otherwise you will need savings in the region of £20K to overcome the shortfall.

In order to have good chances to be considered in scenario B, I would suggest you add the following documents (with below additional details):

- P60 showing amount above £18,600
- Employer letter showing your annual salary using the 52 weeks rule in the calculation, its easier when you show the calculation to the ECO

Hope this helps.

[monamd]

my understanding is that you can use overtime for earnings:

From Appendix FM-SE:

18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:

(i) They are contractual; and
(ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.

(b) Overtime, commission-based pay and bonuses will be counted as income.

(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.

Does (b) not effectively mean that overtime can be used as income? I may be wrong, but that was my interpretation of it. Maybe others can clarify

[cmt30]

Thanks harv that does help, unfortunately I don't have a p60 with this annual income as I only recently got a pay rise and a part time job to bulk it up.
Hopefully if I explain this to the ECO and have my employer note it I should be ok? Thanks.

[sm5]

Although you are employed the overtime is not included in your base annual salary, but hopefully that should be fine as well. You should provide the following:

- Your last 6 months payslips, all showing anything above £1,550 a month before tax and it can include you overtime. The ECO will use the lowest paid month to calculate your annual salary.
- Your Last 6 months bank statements showing income going into your account.
- Your P60 from the previous year showing annual income meeting £18,600 requirement.
- A letter from your employer outlining your base salary and overtime for the past year as an additional income. To show that your income from your employer meets the financial requirements. If your employer mentiones the magic word 'Guaranteed Overtime', it would make things even better.

This is just a quick list of some documents you may need.

Hope this helps.

Thanks Harv. Nice info there.

I have a query-

My basic pay is £18189. I get night shift differential and weekend extra allowance.

I have 6 months pay slips out of which 5 pay slips are over £1700, and in 1 of the pay slips it is £1517.

Do you think that 1 month pay slip of £1517 could be a problem?? or, the others with £1700+ will cover for it?

Plz. let me know.

Thanks,
SM

[MPH80]

That would be a problem. The rules state that the ECO must take your income at the lowest point in the last 6 months - so they'd take that one month pay and multiply by 12.

That would put you below the threshold.

M.

[sm5]

That would be a problem. The rules state that the ECO must take your income at the lowest point in the last 6 months - so they'd take that one month pay and multiply by 12.

That would put you below the threshold.

M.

Thanks M. Much appreciated.

Now that brings me to another question...

My partner owns some shares and mutual funds in his country (i.e. outside UK) and we get regular dividend every year. Can we use that amount towards the annual income short fall? My annual income comes to £18210 and since we fall short by only £390, I was thinking if that dividend amount can be converted to GBP and used to cover the shortfall of £390?

I was reading this financial requirement document on the website and it is said in 5.3.1 -

If necessary to meet the level of financial requirement applicable to the application, the applicant can add to this:
- The gross amount of any specified non-employment income received by the applicant's partner, the applicant or both jointly in the 12 months prior to the application, provided they continue to own the relevant asset (e.g. property, shares) at the date of application;

Does this apply this way? or, have I misunderstood this clause?

Thank you,
SM

[MPH80]

It can - yes - you'll need to provide the following:

(b) To evidence dividends or other income from investments, stocks, shares, bonds or trust funds:

(i) A certificate showing proof of ownership and the amount(s) of any investment(s).
(ii) A portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
(iii) Monthly personal bank statements for the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.

M.

[sm5]

It can - yes - you'll need to provide the following:

(b) To evidence dividends or other income from investments, stocks, shares, bonds or trust funds:

(i) A certificate showing proof of ownership and the amount(s) of any investment(s).
(ii) A portfolio report (for a financial institution regulated by the Financial Services Authority in the UK).
(iii) Monthly personal bank statements for the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.

M.

Ok. so as per (ii) point, the investment *must* be in the UK, right?

Or, does this scenario apply to investments in other countries as well?

We can provide all the documents mentioned but his investments are not made in the UK.

Please let me know.

Thank you M for the prompt reply.

-SM

[MPH80]

There's nothing I can see in the rules that says the shares must be in the UK - but the way I read it - you'd have to provide a portfolio report IF the institution holding the shares was in the UK.

[sm5]

I see..relief!

Thanks much M. I appreciate all your help and prompt replies.

-SM

[xiaoqiaodan]

my understanding is that you can use overtime for earnings:

From Appendix FM-SE:

18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:

(i) They are contractual; and
(ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.

(b) Overtime, commission-based pay and bonuses will be counted as income.

(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.

can someone explain to me what location based pay is? and it's difference from accommodation allowance?

my company in China pays me 4000 rmb housing allowance per month, is this considered location based pay or does it come under accommodation allowance?

i would have thought that if it is paid monthly it should be counted towards gross salary?

[MPH80]

Your situation is an accommodation allowance I think.

A UK based location allowance is where people are given a bit more money because they need to work in London or a town centre (it's typically called 'London Weighting').

Its not money to allow you to live somewhere else.

M.

[xiaoqiaodan]

Even if it's contractual? It's not like dependent on if I need to get temporary accommodation whilst on business trip, it's given to every month.

where can I get a definite answer? ,

[MPH80]

Well - is it an allowance for living overseas?

E.g. if you changed where you were living (say back to China) would it change or be removed?

Then it's an 'allowance relating to the cost of living overseas'

M.

[xiaoqiaodan]

Hi Guys,

Say I have 6 payslips that show the equivalent of exactly 1550 per month, but because this 6 month period fell between a contract renewal and I took some time off between renewals (just 5 days, its hard to get long holidays in my company at any other time), one of my pay slips is paid pro rata i.e. just less than the 1550, would the ECO still use 1550 as that months salary or would he use the gross amount I actually got paid and pull down my annual salary to below 18600??

[olarey]

Hi There. I am trying to bring my wife and daughter to the UK as my dependent. although i meet the financial requirement but at the moment i am living in a one bed room flat. my daughter is 6yrs old and i am wondering if 1 bed room flat is okay for my wife and daughter to submit their application on.

question 2: Also at the moment I'm earning £23500, but got a new job offer which is higher than what i am currently earning. Will I need to spend minimum of 6 month in the new job before my family can apply for their visa or i should just declined the offer and wait in my current job until after their application.

Please you kind help will be highly appreciated. Thanks