Actual Salary versus Employment Contract - To meet salary threshold

[Globe Trotter]

Hi,
After getting my ILR, if I want to call my spouse and two kids (under 18) to UK, I have to show a salary of around 24000 per annum.

As proof of this salary, do I just need to provide the Payslips or is it mandatory to provide the Employment Contract as well?

The reason I am asking this is because in companies like Tesco, Sainsburys they have 0 hours Employment Contract but we have the option to work overtime and can easily earn a salary of more than 24000 per annum.

Is such kind of employment acceptable or do we need to have an employment where we have the Employment Contract that mentions my annual salary as 24000?

I hope my question is clear to comprehend.

[seagul]

Hi,
After getting my ILR, if I want to call my spouse and two kids (under 18) to UK, I have to show a salary of around 24000 per annum.

As proof of this salary, do I just need to provide the Payslips or is it mandatory to provide the Employment Contract as well?

The reason I am asking this is because in companies like Tesco, Sainsburys they have 0 hours Employment Contract but we have the option to work overtime and can easily earn a salary of more than 24000 per annum.

Is such kind of employment acceptable or do we need to have an employment where we have the Employment Contract that mentions my annual salary as 24000?

I hope my question is clear to comprehend.

With two children the financial requirement is £24800. Yes your zero hour contract will be alright and for meeting the financial requirement you wont need any employment contract rather 6 months of payslips with 6 months of corresponding bank statements and employer letter will be needed which all need to be not older than 28 days from the date of application. Ideally only apply when everything comes in your hand.

[Globe Trotter]

Thanks Seagul for your prompt response.

And may I know what should the "Employer Letter" contain. It usually contains the employment start date, designation and other basic details and also the hourly rate rather than the yearly package.

Regards.

[seagul]

Thanks Seagul for your prompt response.

And may I know what should the "Employer Letter" contain. It usually contains the employment start date, designation and other basic details and also the hourly rate rather than the yearly package.

Regards.

(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).

[Globe Trotter]

Thanks Seagul.

Herein lies the catch: (i) the person's employment and gross annual salary;

Because in 0 hours contract the annual salary is not mentioned but only the hourly rate is mentioned.

So how do I prove my annual salary on the basis of this employment letter?

Regards,
Globe Trotter

[seagul]

Thanks Seagul.

Herein lies the catch: (i) the person's employment and gross annual salary;

Because in 0 hours contract the annual salary is not mentioned but only the hourly rate is mentioned.

So how do I prove my annual salary on the basis of this employment letter?

Regards,
Globe Trotter

Its very easy to calculate. Zero hour means none-salaried person who earns variable income every month and for calculating the annual income the following formula is being used:

total of last six months wages/6*12= Annualised average income

[Globe Trotter]

Thanks Seagul.

Can you please send me the link that mentions the financial requirement is £24800.

Regards.

[secret.simon]

Can you please send me the link that mentions the financial requirement is £24800.

Assuming that the children and spouse are not British, Page 7 of the Appendix FM Financial Requirements guidance.

[Globe Trotter]

Thanks secret.simon!

[Globe Trotter]

Hi everyone,

I am on ILR and I require an annual salary of 24800 to call my spouse and two kids.

I am getting a monthly gross salary of 2000 pm from XYZ company, since last 12 months.

I am the Director of this company but not its shareholder.

My annual salary from this company totals to 24000.

That means I am short by 800 pounds.

Can anyone suggest how should I overcome this shortfall of mere 800 pounds?

I need an annual salary of 24800, to meet the visa requirement.

Many thanks.

[geoeng]

First off, you are going to want to check to see if you are required to use Category F or G as the director of a specified limited company as it greatly affects the supporting documents you would have to provide:
"(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the
same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons."
https://assets.publishing.service.gov.u ... -ext_1.pdf

Cash savings above £16,000 held for at least 6 months can be used to reduce the amount of income from employment needed to meet the financial requirement. Otherwise you will probably have to find additional income to make up the shortfall (overtime, bonuses, additional employment, etc.).

[Globe Trotter]

Many thanks Geoeng for your quick response.

I have read and re-read the given link but nowhere could I find that a non-shareholding director can utilize additional income to make up the shortfall (overtime, bonuses, etc).

Are you sure that the income from any additional employment can be used to cover the shortfall in income requirement. This statement is also what I did not see in the link.

Can you please help me in locating these 2 links.

[geoeng]

I have read and re-read the given link but nowhere could I find that a non-shareholding director can utilize additional income to make up the shortfall (overtime, bonuses, etc).

I don't think the words "non-shareholding director" appear anywhere. Provided you are not the director of a specified limited company (as defined in my previous post) and are applying using categories A or B, using overtime/bonuses is described in Sections 5.5.7 and 5.5.8 of the guidance document.

Are you sure that the income from any additional employment can be used to cover the shortfall in income requirement. This statement is also what I did not see in the link.

Many paragraphs in the category B sections of the guidance document refer to income indicating that earnings from multiple employers can be combined. If all employment were held for at least 6 months, salaries could conceivably be combined under category A. The same principles would apply to combining incomes from the applicant and sponsor (where both are permitted to work in the UK).

[Globe Trotter]

Many thanks geoeng for your response.

To fulfill the requirement, the annual salary should be 24800 as 'gross' or 'net in hand'?

[AmazonianX]

Many thanks geoeng for your response.

To fulfill the requirement, the annual salary should be 24800 as 'gross' or 'net in hand'?

Gross

[Globe Trotter]

Suppose I take up a full time employment from 1st Jan 2020 that pays me 2100 pm.

Can I still apply for my dependent on 30th June 2020. (By providing six months of payslips).

Its crucial because he completes his 18 years on 10th July 2020.

It will be an out of the country application as he is still in his home country.

Can anyone who is 100% sure about his answer please reply to my query.

It is a very critical case as a wrong step will break the family.

Many thanks.

[geoeng]

I think you need to review the guidance document carefully yourself to ensure you are 100% sure about the answers to your questions; you can't come back and blame people on the internet if something doesn't work out. If relying on employment income to meet the financial requirement, you have two options:

Category A -
"Where the applicant’s partner 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."

Category B -
"(1) The gross annual salary or income from salaried or non-salaried employment at the
date of application and
(2) The actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application" must both meet the financial requirement.

If you get full time employment at a salary that meets the financial requirement, using Category B you would be able to apply as soon as total income in the 12 months prior to the application date meets the financial requirement. Using Category A you would need to have been in employment meeting the financial requirement for at least 6 months prior to the application date.

[CR001]

Such a pity, as advised previously, that you have chosen to wait till the last minute for your almost 18 year old to start a visa process to the UK instead of bringing the family when you came on Tier 1.

immigration-for-family-members/calling- ... l#p1825352

[Globe Trotter]

Hi,

I am on ILR and want to call my family to UK from their home country.

To meet the income threshold, I have taken up employment in my brother's company.

This company was set up just three months before I took up employment with them.

Will home office take into consideration the income obtained from:
1- A company owned by a blood relative
2- A fairly new company that has just been formed

Can anyone please shed some light on this doubt of mine?

Regards,

[seagul]

Hi,

I am on ILR and want to call my family to UK from their home country.

To meet the income threshold, I have taken up employment in my brother's company.

This company was set up just three months before I took up employment with them.

Will home office take into consideration the income obtained from:
1- A company owned by a blood relative
2- A fairly new company that has just been formed

Can anyone please shed some light on this doubt of mine?

Regards,

maybe that route won't work because if you are working for your family member then you will have to supply an extended range of documents regarding the company which in your case will be very difficult as the company is just 3 months old.

[geoeng]

To meet the income threshold, I have taken up employment in my brother's company.

This company was set up just three months before I took up employment with them.

Will home office take into consideration the income obtained from:
1- A company owned by a blood relative
2- A fairly new company that has just been formed

Can anyone please shed some light on this doubt of mine?

Regards,

1 - A company at which you are an employee with shares owned by your brother and with any remaining shares held by fewer than 5 other people would be classified as a specified limited company and all of the documents outlined in section 9.8 of the guidance document linked below would be required.

https://assets.publishing.service.gov.u ... -ext_1.pdf

2 - If the company has not completed a full financial year, the specified documents could not be provided and it is unlikely any income could be used towards meeting the financial requirement.

[Globe Trotter]

Hi Geoeng,

Many thanks for preventing a great disaster. My life's savings would have gone down the drain.

What if more than 5 other people became share holders of this company, will the income from this company be taken into consideration?

Many many thanks once again.

[geoeng]

What if more than 5 other people became share holders of this company, will the income from this company be taken into consideration?

"The specified type of limited company is one in which:
(i) the person is a either a director or employee of the company, or both, or of
another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the
following family members of the person or their partner: parent, grandparent, child,
stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other
persons."

If the remaining shares (i.e. those shares not held by listed family members) are held by 5 people or greater, it would seem such a company would not fall under the definition of a "specified type of limited company". It is not simply the number of shareholders that matters, the relationship of each of the shareholders to you and/or your partner must also be considered.

[Globe Trotter]

Thanks geoeng.

To put it simply, if 5 non-family members came on board, then this company will not fall under the definition of a "specified type of limited company".

Please pardon my ambiguity, but I did not understand this line "The relationship of each of the shareholders to you and/or your partner must also be considered."

Regards.

[geoeng]

Please pardon my ambiguity, but I did not understand this line "The relationship of each of the shareholders to you and/or your partner must also be considered."

Just clarifying that you couldn't simply add 5 more shareholders to the company without also considering whether or not the immigration rules would consider them one of the specified family members.