Cat A or B from outside UK with salary + savings?

[beatboy]

Hi

My Ecuadorian wife is about to apply for spouse settlement visa from in Ecuador where we are both currently living. I, the sponsor, have had the same job in Ecuador for over 12 months. My monthly salary comes out to £1400 which is £16,600 per year so we are short of using my salary alone to meet the income threshold. We have over £25,000 in savings in my bank accounts for over 6 months. I also have a job offer letter for a job in the UK within 3 months of our planned arrival

I’m looking at the form and not sure if I have to apply under category A or B.

CAT A) Where the person is the applicant's partner, is in salaried employment outside of the UK at the date of application, has been employed by their current employer for at least 6 months, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person's gross annual income will be calculated: (i) On the basis set out in paragraph 13(a); and also (ii) On that basis but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning

CAT B) (d) Where the person is the applicant's partner, has been in salaried employment outside of the UK within 12 months of the date of application, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person's gross annual income will be calculated:
(i) On the basis set out in paragraph 13(a) but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning; and also (ii) On the basis set out in paragraph 15(b)

Both CAT A and B seem to apply for us but do both of these options allow me to add our savings to make up the missing salary (£18,600) threshold?

Many thanks

James

[Rayking]

Hi

My Ecuadorian wife is about to apply for spouse settlement visa from in Ecuador where we are both currently living. I, the sponsor, have had the same job in Ecuador for over 12 months. My monthly salary comes out to £1400 which is £16,600 per year so we are short of using my salary alone to meet the income threshold. We have over £25,000 in savings in my bank accounts for over 6 months. I also have a job offer letter for a job in the UK within 3 months of our planned arrival

I’m looking at the form and not sure if I have to apply under category A or B.

CAT A) Where the person is the applicant's partner, is in salaried employment outside of the UK at the date of application, has been employed by their current employer for at least 6 months, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person's gross annual income will be calculated: (i) On the basis set out in paragraph 13(a); and also (ii) On that basis but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning

CAT B) (d) Where the person is the applicant's partner, has been in salaried employment outside of the UK within 12 months of the date of application, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person's gross annual income will be calculated:
(i) On the basis set out in paragraph 13(a) but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning; and also (ii) On the basis set out in paragraph 15(b)

Both CAT A and B seem to apply for us but do both of these options allow me to add our savings to make up the missing salary (£18,600) threshold?

Many thanks

James

You should apply under Cat B+D,where D is cash savings. Your job offer in UK must be equal to or greater than 18600.

[beatboy]

Many thanks for your reply. So does that mean 12 payslips (over the last 12 months) and also 12 months of bank statements that show the savings? The issue I have is that my savings have only been at the appropriate level for 6 months, not 12.

[Rayking]

Many thanks for your reply. So does that mean 12 payslips (over the last 12 months) and also 12 months of bank statements that show the savings? The issue I have is that my savings have only been at the appropriate level for 6 months, not 12.

12 months pay slips,12 months bank statements and 6 months of bank statements for the savings. If the savings are in the same account with your salary,you can simply highlight the savings showing it's been there for 6 months.

[beatboy]

Great, thanks. Just to be clear in my mind, why can we not apply under CAT A if my monthly salary is the same every month? I thought CAT B was for people who had fluctuating monthly salaries. Is CAT A (6 months payslips) + D not an option? Thanks again.

[Rayking]

Great, thanks. Just to be clear in my mind, why can we not apply under CAT A if my monthly salary is the same every month? I thought CAT B was for people who had fluctuating monthly salaries. Is CAT A (6 months payslips) + D not an option? Thanks again.

I just thought you might want to avoid 5.4.1
5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK 5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.

[beatboy]

[/quote] I just thought you might want to avoid 5.4.1
5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK 5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.[/quote]


I will be in employment at the time of application so no need to avoid 5.4.1 is there? And then Cat A + D then will be better?

[Rayking]

I just thought you might want to avoid 5.4.1
5.4. Category B: Less than 6 months with current employer or variable income – overseas sponsor returning to the UK 5.4.1. Where the applicant’s partner is returning with the applicant to the UK to work, they do not have to be in employment at the date of application to rely on Category B. Instead, the financial requirement must be met and evidenced in two parts in the following way.[/quote]


I will be in employment at the time of application so no need to avoid 5.4.1 is there? And then Cat A + D then will be better?[/quote]

Yes,you should be fine even with Cat A,remember to evidence the source of your savings too.

[beatboy]

Thanks a lot for clearing that up. I'm at the (paranoid) stage now where I am questioning everything I'm filling out

[Rayking]

Feel free to ask any question, you've got wonderful people on here to help. It's better to ask than getting refusal and wasting almost a thousand pounds.