Civil Partner Visa Financial Requirement

[Sunsetblvd]

Hi everybody,

This is my first time posting on the board so please be gentle I am hoping to seek some advice regarding an application that I am due to make within the next week.

I am currently on Tier 1 Entrepreneur and the visa is due to run out in the next 6 weeks. Under the Tier 1 I have not met the 200k requirement for investment in business (the amount invested so far is about 100k) I met my BH who is a British national almost 3 years ago and we have recently obtained a civil partnership so that I can stay in the UK.

The main concern that I have is with regards to financial support and requirement. Under the Annex FM 1.7 Financial Requirement document from the UKBA website, it states that I can meet the financial requirement either by taking into account my partner's salary, my own salary or the combination of both.

The financial situation with my partner is as follow:
My partner has started earning a salary of £18900 since May 2013. This would mean that on Oct 2013 (next week) she would have earned a monthly income at this annual salary for 6 months. Which I believe would have met the requirement.
Previously to that between Apr 2012 - Apr 2013 she earned about £18000 p/a. And for the previous financial year Apr 2011 - Apr 2012 at £12500 when she worked part time.

My financial situation:
I have several Ltd companies since the start of my visa. I had a company that was established since Oct 2010 - June 2013 which I received a regular monthly income up until October 2012. The business then fell through and after which was dissolved in June 2013. I have now created a new Ltd company in June 2013 though have not received any income from it as yet. My regular monthly income (business income) up until October 2012 averaged at £2300 per month after tax (incl. expenses). As a sole director, I provided consultancy services to a regular client with invoices to the business averaging at this amount. I then pay myself the minimum salary including expenses. This would then mean that the average income from the business/ self employment within the last two years between Oct 2011 - Oct 2013 would be £13800.

Question:
1. If I were to combine my income with my partner's income, would it be okay for her to only include her gross salary within the last 6 months whilst I include my self employed income averaged in the last 2 financial years? Or would she need to include her average salary in the last 2 years as well?

2. What sort of evidence will both of us need to provide to prove this?

Any input on the matter will be greatly appreciated.

Many thanks

[Amber]

If your partner is working legally and satisfies Cat A then that will suffice. Combining salaried income with self employment can be awkward as the requirements must both be met for the same relevant financial year(s).

[Sunsetblvd]

Many thanks for the reply, much appreciated!

That is what I thought, though after posting this thread I made a call to the UKBA to enquire. The officer whom I spoke to clarified that I can include my salary within the last 2 years from self employment and my partner current gross salary/ or the last 6 months. He explained that on 5.1.1 on the excerpt:

"5.1.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to
work) is in salaried employment at the date of application and has been with the same
employer for at least 6 months prior to the date of application, they can count their gross
annual salary towards the financial requirement. In doing so they must have been paid
throughout the period of 6 months prior to the date of application at a level of gross annual
salary which equals or exceeds the level relied upon in the application."

But I then said to the officer on the table on the financial requirement docs it states that to combine the self employment and salaried employment for myself and partner respectively that it must:

"= these sources can be combined, but only for the period of the relevant financial year(s)."

Which he put me on hold then after awhile still said we could combine using my average in the last 2 years and her recent 6 months gross salary.

I am okay not to include my own income, as my partner already meets the financial requirement by herself however as I have a Tier 1 Entrepreneur visa, I do not want to pose any risk of investigation as to why I am not including my current income, which is none and is from savings for the business and again this does not exceed £16k.

Would it be okay just to include me salary in the last 2 years anyway with my partner's 6 months recent salary? Or would this be rejected?

Thanks again

[Amber]

If your partner meets the requirement and has the correct specified evidence, then I see no reason why you need to complicate the application with self employed income. Remember that for salaried income under Cat A, the lowest Gross wage slip in the last 6 month x 12 must meet the financial requirement.

[Sunsetblvd]

If your partner meets the requirement and has the correct specified evidence, then I see no reason why you need to complicate the application with self employed income. Remember that for salaried income under Cat A, the lowest Gross wage slip in the last 6 month x 12 must meet the financial requirement.

Hi,

She has been earning gross monthly salary at £18900 per annum since the month of May, where next week she will receive her 6th month payslip for October. I am not sure if I understood what you mean by the last 6 month x 12? In April her wage slip was at the rate of £18000 per annum but she received an increase in May..

[Amber]

Every month's gross wage slip (in the last 6) should be at least £1550.

[Sunsetblvd]

Would it matter if say month May she was paid £2300 Gross salary and in month June was paid £1300 gross salary but it will all add up to annual salary of £18900? Or will they then take the lowest of these salaries and then multiply it by 12? Thanks.

[Amber]

At the moment, the lowest x 12 if it is salaried employment under Cat A. I believe there are to be changes with regards the calculation coming into affect 1-Oct-2013 but Id have to look at the statement of changes.

[Amber]

233. In Appendix FM-SE after paragraph 18(b) insert:
“(bb) In respect of a person in salaried employment at the date of application, the
amount of income in sub-paragraph (b) which may be added to their gross annual
salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or
13(b)(i), is the annual equivalent of the person’s average gross monthly income from
that income in their current employment in the 6 months prior to the date of
application.”.

This seems to indicate that it will now be averaged over the 6 months after 1-Oct-2013. That is how non-salaried income is currently calculated. Last 6 months Gross income / 6 x 12.

[Sunsetblvd]

Hi, thanks for your input, much appreciated. Under the appendix FMSE it states:

"2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Wage slips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person."

I am assuming that it is 6 months only? SHe has been employed by the same employer for over 4 years but in April/ May received a pay rise that bumps her annual salary to £18900 effective from April/ May 2013.

I am also not aware of any changes that is due for this type of visa, can you confirm if any changes are definitely to take place on 1st Oct? If so what are the changes? Thanks again.

[Sunsetblvd]

233. In Appendix FM-SE after paragraph 18(b) insert:
“(bb) In respect of a person in salaried employment at the date of application, the
amount of income in sub-paragraph (b) which may be added to their gross annual
salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or
13(b)(i), is the annual equivalent of the person’s average gross monthly income from
that income in their current employment in the 6 months prior to the date of
application.”.

This seems to indicate that it will now be averaged over the 6 months after 1-Oct-2013. That is how non-salaried income is currently calculated. Last 6 months Gross income / 6 x 12.

Thanks for the clarification!! Think we just passed the requirement

[Sunsetblvd]

233. In Appendix FM-SE after paragraph 18(b) insert:
“(bb) In respect of a person in salaried employment at the date of application, the
amount of income in sub-paragraph (b) which may be added to their gross annual
salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or
13(b)(i), is the annual equivalent of the person’s average gross monthly income from
that income in their current employment in the 6 months prior to the date of
application.”.

This seems to indicate that it will now be averaged over the 6 months after 1-Oct-2013. That is how non-salaried income is currently calculated. Last 6 months Gross income / 6 x 12.

Hi again,

We are now collating all of the payslips, we have realised that her payslips are paid every 4 weeks rather than paid monthly. Hence she effectively receives 13 payslips in any given year.

She has been paid in:

20/04/2013 - £1486.50 Gross (annual £18450)
18/05/2013 - £2957.21 Gross (annual £18900)
15/06/2013 - £1664.69 Gross (annual £18900)
13/07/2013 - £1684.77 Gross (annual £18900)
10/08/2013 - £1520.77 Gross (annual £18900)
07/09/2013 - £1520.77 Gross (annual £18900)
03/10/2013 - estimated at £1520.77 Gross (annual £18900) (also visa application date)

We intend to make an application as soon as she receives her payslip next week on 03/10/2013 as we believe this means she will have earned over the required amount at gross annual salary of £18900.

However my question is should we include her payslip in April 2013 as at this time her annual salary is less than the required amount. But we thought the April payslip falls within the 6 months period (counting from 30 days basis). Please advise if we should or should not include the April payslip.

Many thanks in advance.

[Amber]

You shouldn't have an issue based on the new calculation. However, check Annex FM 1.7 after 1 - Oct -2013 for confirmation.

[Sunsetblvd]

You shouldn't have an issue based on the new calculation. However, check Annex FM 1.7 after 1 - Oct -2013 for confirmation.

Hi,

Hope you are well! I want to submit the application today however I just had a look at the FM 1.7 and right now I am not sure if we have met the financial requirements and is extremely worried.

This excerpt is taken from the statement:
"5.1.1. Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to
work) is in salaried employment at the date of application and has been with the same
employer for at least 6 months prior to the date of application, they can count their gross
annual salary towards the financial requirement. In doing so they must have been paid
throughout the period of 6 months prior to the date of application at a level of gross annual
salary which equals or exceeds the level relied upon in the application."

We believe that she is in salaried employment and receives annual salary of £18900. However she is paid EVERY 4 weeks rather than monthly, so in any given year she is paid 13 times/ payslips per year rather than 12 payslips per year. In the calculation

As it says in the FM 1.7:

"Where the person is in salaried employment – they must have been paid throughout the
period of 6 months prior to the date of application at a level of gross annual salary which
equals or exceeds the level relied upon in the application. Therefore the figure used
towards the requirement will be the lowest level of annual salary received during the 6
month period. "

This is not strictly fair as the lowest income within the 6 months period will be lower than the anticipated annual salary as it is not x 12, but x 13.

Can anybody please clarify?

Many thanks in advance.