Year Salary in One Month's Pay Slip

[JimmyBUK]

Hey,

Really appreciate any help!

I am currently applying for a spousal visa for my Brazilian wife.

I started a new company last year of which I am a large shareholder and director. However, there is 6 other shareholders who are not my family and therefore my understanding is it will not be treated as a specified company.

While the company was established 1 year and 1 month ago, I did not take any income until just before the end of the tax-year. I took a salary of £19,000 in order to be above the requirement.

Does anyone know if this could cause any issue that I have only one pay slip although it is excess of the required annual amount?

Many thanks,

James

[Frontier Mole]

They won’t accept one payslip for £19,000. They will need in your case 12 months of payslips to show earnings as you don’t have 6 months of earnings with the one company. What you should have done is to have taken the money as a dividend and showed the HMRC tax return declaration to claim the earnings.

[JimmyBUK]

Thanks for your response.

Do you know what rule I am breaching?

I wanted to apply under 5.3. Category B: " Less than 6 months with current employer or
variable income – person residing in the UK"

I wanted to be a a person: "who have been with their current employer for at least 6 months but
earning a variable income and wish to be considered in this category rather than under
Category A. "

My understanding was then my income average over the last 6 months had to be higher than £18,600 per month and also my earnings over the last 12 months had to be higher than £18,600. Both of which is correct.

I cannot see anything that say's 12 months of payslips is needed? I will have an employment contract showing annual income is in excess of the required amount.

Thank you!

[CR001]

I cannot see anything that say's 12 months of payslips is needed? I will have an employment contract showing annual income is in excess of the required amount.

In the immigration rules!!

https://www.gov.uk/guidance/immigration ... d-evidence

Submitting a single payslip and one months bank statement will guarantee a refusal of the visa.

[lutga]

I imagine most people would advise waiting until you have been with the company long enough to submit the correct number of payslips.

I know it's frustrating to wait, but it's just not worth risking the chance of refusal by submitting less.

[JimmyBUK]

Well I have been with the company more than 12 months and will provide 12 months of bank statements. Can you show me the specific rule which says needs 12 months of pay-slips when it is variable income (if the 1 payslip is in excess of the total required amount)?

[CR001]

Well I have been with the company more than 12 months and will provide 12 months of bank statements. Can you show me the specific rule which says needs 12 months of pay-slips when it is variable income (if the 1 payslip is in excess of the total required amount)?

All contained in the link I already provided!!

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips 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.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
(e) Where a person appointed as a non-executive director of a limited company based in the UK, which is not a company of the type specified in paragraph 9(a), is paid a fee instead of a salary, this income may be treated and evidenced as though it were income received for employment in that capacity.

Unfortunately, one single payslip is not sufficient.

[Frontier Mole]

A bad plan badly executed is a fair way to describe where you are at.

It is obvious that your grand scheme is designed to meet the rules as you want to see them rather than how the Home Office will see them. The only way to lump sum pay yourself is through dividend payments.

You are not salaried at all, you have no employment contract that says you get paid £19k a month, you have not been employed for 13 months as an employee of the company, as a director you are not drawing a regular renumeration so how else can you explain a one off payment of (shock and amazement) an amount just above the spouse visa requirements with any credibility?

Did you seek legal advice before you went down this route? Being on this forum posing the question you have suggests not.

By all means attempt to apply with one payslip for £19k, I wish you every success but firmly believe it will end in a refusal.