Self employed and Employed. Cat B?

[pug23]

Hi

Would someone please be able to help?

I want to sponsor my husband to come to the UK.
I have been working for the same company for over a year on a comtract basis through an agency
For 7 months I was registered CIS so I had to pay NIC and tax but I was classed as self employed (this was from mid july 2013 till march 2014) iv done my annual tax return and have received a refund on some of the tax I paid. Also have paid NIC up to date. (I have the paperwork to prove all of this)
Gross pay for each week was £360 (there is gap in employment for which I wasnt paid-i can get letters from my employer to say I was employed in this time and also give reasons why there is a gap.)
From 21st April my salary rose to 16.43 p/h before tax (annual salary is just over 27k). I am no longer classed as self employed. I am employed through the same agency but I am no longer classed as self employed. I am classed as an employee of the agency through the umbrella route.

My contract will be ending soon and I have no idea if it will be renewed. I need help asap please so that I can have my application submitted asap if possible.

My question is can I apply through cat b? Combining my income from self employed and employed? ?

Also I didn't mention earlier when earning 360 p/w I had savings to cover the shortfall from £18600

Hope someone can help. Thankyou

[Obie]

Are you on a fixed salary or a non-Salaried employee?

[pug23]

Thanks for your quick response

I am not exactly sure what It would be classed as.

I get paid hourly. My holiday pay is paid within the 16.43. So If was to take a day off I wouldn't get paid. I wouldnt get paid for a Bank Holiday either.

[Obie]

Well it seem like you are a non-salaried employee.

The rules are less stringent for non-salaried.

it will have to be the average salary over the 6 months of employment, provided you have been with the employer over 6 months, multiply by 12 to get the gross annual salary.

[pug23]

Does it matter that there are gaps in my enployment and that I have changed from self employed to employed?

I spoke to a solicitor a few months back and he said that this wasn't possible.

[Obie]

Yes you can combine it. [Guidance on Financial requirement See page 15[/b]

Earning for Category A/B can be combined with earning from F/G.

[pug23]

Thank you. I have looked at the table but didn't really understand it.

Another question

I am paid on a weekly basis so to average my 6months salary would I use 26 weeks worth of payslips?

[Obie]

Yes. It will be your 26 weeks earning added up, then divided by 26 to get the average, and multiply by 52 to get your gross annual wage. , even if few of the pay slips says 0 that is fine.

[pug23]

Are you sure it is 52 I multiply by? I don't get paid for any hokidays.
Why did the solicitor advise me differently? Has the combining of employed and self employed come into effecf recently?

I will have a look at my payslips now. Thank you so much foryour help . I thought I would have to wait till november to apply but looks like I can do it sooner :'(

[Obie]

The last time i checked, there was 52 weeks in the year, unless that has changed few minutes ago.

If you are paid monthly, it will be the total earned over the six months divided by 6 to get the average monthly pay, and them multiply by 12 months to get the gross annual pay.

I will not be surprised if your solicitors said something different from me.

The government is bringing too much changes too quickly, and solicitors are getting overwhelmed.

Then again they can always rely on the fact that they choose to do law, because they were not good at arithmetic.

[pug23]

Lol the only reason I say about the 52 weeks is because of the advice given by the solicitor.

Thank you for your help and the quick responses I really do appreciate it.

I will have a look at my payslips and may have a few more questions which I hope you won't mind answering.

[Obie]

Savings cannot cover any pitfall unless it is over 16,000. Any amount over 16000 will then be divided by 2.5, and that is what you will be entitled to add to any pitfall.

I am of the view that, if on average , your weekly wage was 320, then you will exceed the financial requirement quite comfortably.

[pug23]

I have done thr calculations as above, my weekly salary come to £474.52 x12 £24675 so I do meet the requirement quite comfortably, although however there are only 23 payslips so I hope this won't be an issue. I also have savings of 24k so will show these too

With the solicitors advice not being so up to date, I don't know if I should go to another solicitor or just apply myself.

Do you know if citizens advice bureau are helpful as they too have immigration solicitors. I just need to make sure that all paperwork is correct and there are no real chance of refusal.l

[Obie]

I have done thr calculations as above, my weekly salary come to £474.52 x12 £24675 so I do meet the requirement quite comfortably, although however there are only 23 payslips so I hope this won't be an issue. I also have savings of 24k so will show these too

With the solicitors advice not being so up to date, I don't know if I should go to another solicitor or just apply myself.

Do you know if citizens advice bureau are helpful as they too have immigration solicitors. I just need to make sure that all paperwork is correct and there are no real chance of refusal.l

I guess you mean 474.52* 52. That seems right, if indeed the average weekly wage is 474.52, you will be alright.

Appendix FM seems quite a complex piece of section, if you are able to understand it, then you may be fine to apply on your own.

Presentation is key. Many people failed because of lack of presentation and preparation.

[pug23]

Yes I mean *52.

I will have a look and see if can do it myself .

Thank you

[Rayking]

You can use the saving if you've kept it your account in the past 6 months, that is,it must have spent 6 months in your account.
I'm of the opinion you can do it yourself if it's a straightforward application though.
That calculation, you might need to break it down a bit,it should be your average in 6 months multiply by 12,was that what you did?

[Obie]

I believe it may amount to the same thing in practice, but yes he can do as you said.

It was one of the options i gave.

To add up the 26 weeks earnings and divide by 6 and then multiply it by 12.

I stand to be corrected, but i believe close to the same result will be derived, if the total over the 26 weeks is divided by 26 and multiply by 52.

But i agree, OP should add up all the earning over the 26 weeks divide it by 6 to get the monthly earnings, and multiply it by 12 to get the gross annual income.

[Rayking]

Lol,really been thinking about that!it's gonna be the same,got a bit confused.

[Obie]

Please to get your corroboration.

[pug23]

I am a she

Thankyou I have had my savings for 6 months I believe. I will have a look at my bank statement to confirm.

[Obie]

I know you are a she, but it is your husband's application, and the He I referred to his him, as he will have to present the application, and explain on which basis he is applying, you are only providing supporting evidence. It is his application.

Please note that only savings that exceeds 16000, which has been kept for more than 6 months, can be used.



Sorry if you feel offended.

[pug23]

Ahh lol ok I thought you were referring to me.

I'm just worried because in the 26 weeks I have 23 payslips. I hope the application won't get refused because there are 3 slips missing.

Will I have to explain why they are missing?

They are missing because my contract was changing from self employed to employed and I wasn't allowed to be in work while these changes were being put into effect.

[Rayking]

You should be fine as long as you meet the financial requirement of 18600,just make sure you explain anything not clear in the additional information page.
On the other hand you can use cat B,just had all your income in the last 12 months and you'll be fine,as long as it's equal or above 18600.
Basically you have 3 options if you want to combine with your savings too.

* Think it might better using cat B,cat A can bring up issues if the eco picks on the fact that you missed 3 weeks out of the 6 months. Hope senior members can look into this.

[pug23]

Thank you RayKing for your reply

[pug23]

Hi. I have just been told my contract will finish this friday. I wanted to know what my options are from then please. from what i have read/researched I now need a job that pays £18600 or more or can i get a job that pays less than the financial requirement and combine with savings?

I want to use cat b and use my previous 12 months work history.