falling short in my last payslip, can i still apply??

[annonymous_1990]

Hi All!

I am planning to sponsor my partner in February 2017 who after Jan will be my husband once we are married in Jan so that he can join me in the UK.
I'm in a salaried employment on an annual salary of £18450, I do however make more than the requirement with overtime. Since I will be going to India to get married to my partner in January I wont be able to do any overtime hence will most likely receive my standard Monthly salary of £1537.50 that month, which is only £12.50 short of the £1550 monthly requirement.

My question is, can I still submit 6 months worth of payslips in Feb with my last payslip of January showing £1537.50? I just don't want his application to be refused due to me falling short of £12.50 one of the months but rather have my overall salary considered. If not, what do u suggest I should do!

Please help! I'm in a very irritably situation

Many thanks for taking your time to read

[MobeenSaeed]

Hi All!

I am planning to sponsor my partner in February 2017 who after Jan will be my husband once we are married in Jan so that he can join me in the UK.
I'm in a salaried employment on an annual salary of £18450, I do however make more than the requirement with overtime. Since I will be going to India to get married to my partner in January I wont be able to do any overtime hence will most likely receive my standard Monthly salary of £1537.50 that month, which is only £12.50 short of the £1550 monthly requirement.

My question is, can I still submit 6 months worth of payslips in Feb with my last payslip of January showing £1537.50? I just don't want his application to be refused due to me falling short of £12.50 one of the months but rather have my overall salary considered. If not, what do u suggest I should do!

Please help! I'm in a very irritably situation

Many thanks for taking your time to read

Unfortunately, HO provide no leneniency at all when it comes to the financial requirement even if your monthly salary is short by £1, as shown in the following excerpt on page 19:

"Where the person is insalaried 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 reliedupon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period. "

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, the next problem comes is, you say yourself that you make £18,450 pa. and you have to get overtime in order to make the required amount of £18,600. This may cause another problem because the concern could be raised by HO that there is no gurantee of overtime each and every month. That would be something you should discuss with your solicitor!

[annonymous_1990]

[/quote]

Unfortunately, HO provide no leneniency at all when it comes to the financial requirement even if your monthly salary is short by £1, as shown in the following excerpt on page 19:

"Where the person is insalaried 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 reliedupon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period. "

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, the next problem comes is, you say yourself that you make £18,450 pa. and you have to get overtime in order to make the required amount of £18,600. This may cause another problem because the concern could be raised by HO that there is no gurantee of overtime each and every month. That would be something you should discuss with your solicitor![/quote]





Hi Mobeen!

thanks you for your advice much appreciated!

In regards to the overtime payments, surely they cannot question the reliability of the source of income. I mean if I am meeting the financial requirement in whatever form through my salary that's all that should matter to them, right?

[CR001]

If you submit just ONE payslip that is below the requirement, that is the payslip that HO will use to calculate whether you meet the financial requirement.

Overtime is also not guaranteed. It would have bee simpler to ask your employer to increase your salary by what you are short as it is such a tiny amount.

[MobeenSaeed]

Unfortunately, HO provide no leneniency at all when it comes to the financial requirement even if your monthly salary is short by £1, as shown in the following excerpt on page 19:

"Where the person is insalaried 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 reliedupon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period. "

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, the next problem comes is, you say yourself that you make £18,450 pa. and you have to get overtime in order to make the required amount of £18,600. This may cause another problem because the concern could be raised by HO that there is no gurantee of overtime each and every month. That would be something you should discuss with your solicitor!





Hi Mobeen!

thanks you for your advice much appreciated!

In regards to the overtime payments, surely they cannot question the reliability of the source of income. I mean if I am meeting the financial requirement in whatever form through my salary that's all that should matter to them, right?

Do you get paid monthly or weekly? Because there's a big difference, as you may be in non-salaried employment and not salaried employment! and that difference is explained in the link I sent you, on page 19!

It's a not a matter of questioning the reliablitiy of the source of income, it's more of a matter of questioning the certainty of whether you will get overtime. That's why I ask if you get paid weekly or monthly. Because if you get paid weekly, then you must know your hourly pay rate. From that the HO will assume, you fall short every week/month, therefore you require overtime!

[annonymous_1990]

Do you get paid monthly or weekly? Because there's a big difference, as you may be in non-salaried employment and not salaried employment! and that difference is explained in the link I sent you, on page 19!

It's a not a matter of questioning the reliablitiy of the source of income, it's more of a matter of questioning the certainty of whether you will get overtime. That's why I ask if you get paid weekly or monthly. Because if you get paid weekly, then you must know your hourly pay rate. From that the HO will assume, you fall short every week/month, therefore you require overtime!

I get paid monthly, every 27th of the month. In regards to the overtime, with the lack of staff and amount of work, it is a MUST that I try to work overtime whenever I need to in order to catch up with the works. I understand its not certain but bearing in mind the situation my company is in, its more likely for me to be paid overtime as I have been for the past year n half.

[annonymous_1990]

If you submit just ONE payslip that is below the requirement, that is the payslip that HO will use to calculate whether you meet the financial requirement.

Overtime is also not guaranteed. It would have bee simpler to ask your employer to increase your salary by what you are short as it is such a tiny amount.

I knowwwwwwwwwwwwwwwwwwww..I felt the same! but my company is going through a right crunch right now and aren't able to afford me more than my current salary. I'm in a tight situation, I'm not happy with it but rather than leaving the job I would rather hold on to it until the visa is processed and till then then work around my annual salary to meet the requirements.

[MobeenSaeed]

Do you get paid monthly or weekly? Because there's a big difference, as you may be in non-salaried employment and not salaried employment! and that difference is explained in the link I sent you, on page 19!

It's a not a matter of questioning the reliablitiy of the source of income, it's more of a matter of questioning the certainty of whether you will get overtime. That's why I ask if you get paid weekly or monthly. Because if you get paid weekly, then you must know your hourly pay rate. From that the HO will assume, you fall short every week/month, therefore you require overtime!

I get paid monthly, every 27th of the month. In regards to the overtime, with the lack of staff and amount of work, it is a MUST that I try to work overtime whenever I need to in order to catch up with the works. I understand its not certain but bearing in mind the situation my company is in, its more likely for me to be paid overtime as I have been for the past year n half.

Oh ok, so you're in salaried employment then. In your contract it mentions the mandatory hours you must complete every week and that's what HO is concerned with. In your case, the mandatory hours required by yourself is causing you to fall short of the required £1550 per month. By definition overtime is not guaranteed and that's why it will raise concerns and there have been cases where an application has been rejected on this very basis, where they meet the financial requirement of £18,600 but it required overtime to do so because the mandatory hours completed could not fulfil the financial requirement.

[annonymous_1990]

Do you get paid monthly or weekly? Because there's a big difference, as you may be in non-salaried employment and not salaried employment! and that difference is explained in the link I sent you, on page 19!

It's a not a matter of questioning the reliablitiy of the source of income, it's more of a matter of questioning the certainty of whether you will get overtime. That's why I ask if you get paid weekly or monthly. Because if you get paid weekly, then you must know your hourly pay rate. From that the HO will assume, you fall short every week/month, therefore you require overtime!

I get paid monthly, every 27th of the month. In regards to the overtime, with the lack of staff and amount of work, it is a MUST that I try to work overtime whenever I need to in order to catch up with the works. I understand its not certain but bearing in mind the situation my company is in, its more likely for me to be paid overtime as I have been for the past year n half.

Oh ok, so you're in salaried employment then. In your contract it mentions the mandatory hours you must complete every week and that's what HO is concerned with. In your case, the mandatory hours required by yourself is causing you to fall short of the required £1550 per month. By definition overtime is not guaranteed and that's why it will raise concerns and there have been cases where an application has been rejected on this very basis, where they meet the financial requirement of £18,600 but it required overtime to do so because the mandatory hours completed could not fulfil the financial requirement.

hmmmmmm, im just contemplating on taking the plunge i guess, the way forward is simple but its certain ifs or buts that are worrying me, but then again that HO for you.

Anyways, thankyou for your time and advice!

[MobeenSaeed]

Anyways, thankyou for your time and advice!

No problem at all!

Best of luck with your application