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Spouse Visa cat B adding agency on online application

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hm1992
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Financial requirement

Post by hm1992 » Mon Jan 27, 2020 1:39 pm

Hi all

Could really do with some help as I’m struggling with the financial requirement side of things on the spouse visa application.

I am in salaried employment earning £20155 per year before tax and have been for the last 6 months but I am still in probation.

I was off for 3 day’s in October and was not our for this as I was still in probation... my understanding is that i rely on category A as i am in salaried employment so I have to take my lowest wage for the last 6 months and times that by 12.

My lowest wage was in October and I received £1425.85 and the rest of the 5 months I received £1679.58.

If I add the lowest wage it totals £17110.20 for 12 months and this is below the requirement. Does this mean I cannot apply under this rule? It would seem unfair that for being off 3 days my whole application would be affected and this is really stressing me out.

Any advice or help would be greatly appreciated.

Thanks

geoeng
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Re: Financial requirement

Post by geoeng » Mon Jan 27, 2020 2:08 pm

hm1992 wrote:
Mon Jan 27, 2020 1:39 pm
If I add the lowest wage it totals £17110.20 for 12 months and this is below the requirement. Does this mean I cannot apply under this rule? It would seem unfair that for being off 3 days my whole application would be affected and this is really stressing me out.
Yes, unfortunately, per the guidance on the financial requirement, "the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period." If you have done any overtime in the 6 months prior to applying, this is calculated separate from and added to annual salary and can be used towards the financial requirement. If you have earned more than £18,600 in total income in the 12 months prior to applying, you could apply using Category B. For reference, the guidance document is linked below:

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

hm1992
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Re: Financial requirement

Post by hm1992 » Mon Jan 27, 2020 3:06 pm

Is there any ground I can use to say that my role whilst in probation is non salaried?

Only due to the fact that while I am in probation I only get paid for what I work. Is there any way I could go down that route?

geoeng
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Re: Financial requirement

Post by geoeng » Mon Jan 27, 2020 3:43 pm

hm1992 wrote:
Mon Jan 27, 2020 3:06 pm
Only due to the fact that while I am in probation I only get paid for what I work. Is there any way I could go down that route?
I suppose you could try, and I would certainly be interested in the outcome. Appendix FM-SE of the immigration rules states "Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary), or paid an amount which varies according to the work undertaken, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked." If you are paid a fixed amount and are contracted to work a certain number of hours (regardless as to whether or not you actually work them), it might be a tough sell. As to whether or not you should try going a non-salaried route, I'm going to go with "no comment".

Working overtime to make up the difference or applying using Category B are the only certain ways I can think of to meet the requirement unless you and/or your spouse have cash savings held for at least 6 months of at least £16,000, which could also be used towards making up the gap.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Financial requirement

Post by seagul » Mon Jan 27, 2020 3:51 pm

hm1992 wrote:
Mon Jan 27, 2020 1:39 pm
Hi all

Could really do with some help as I’m struggling with the financial requirement side of things on the spouse visa application.

I am in salaried employment earning £20155 per year before tax and have been for the last 6 months but I am still in probation.

I was off for 3 day’s in October and was not our for this as I was still in probation... my understanding is that i rely on category A as i am in salaried employment so I have to take my lowest wage for the last 6 months and times that by 12.

My lowest wage was in October and I received £1425.85 and the rest of the 5 months I received £1679.58.

If I add the lowest wage it totals £17110.20 for 12 months and this is below the requirement. Does this mean I cannot apply under this rule? It would seem unfair that for being off 3 days my whole application would be affected and this is really stressing me out.

Any advice or help would be greatly appreciated.

Thanks
Category B might be better if you have earned at least £18600 during the last 12 months or wait until April (Nov-Apr) by letting your monthly income not to fall than £1550 per month.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

hm1992
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Re: Financial requirement

Post by hm1992 » Mon Feb 03, 2020 9:18 pm

So I may be able to meet the requirement by the end of this month February. Only problem is I have been working for several companies and my current job is salaries but my previous employers were non salaried.

My original job was hourly rate in kfc followed by agency work in April on a temporary basis which was made permanent by the company directly. I then got a new job with a higher income which I am in now.

My question is would I need to show all employment History In the 12 months whether it is salaried or non salaried If I rely on category B.

Any help would be greatly appreciated.

Thanks

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Re: Financial requirement

Post by Afe » Mon Feb 03, 2020 9:27 pm

Hi,

Do you have cash savings in your bank account?
If so you are allowed to combine your salary with anything over 16000 savings.
There is a simple calculation they use to work out if you meet the financial requirement if your going to be combining them.
Have a look at appendix fm
That should give you some guidance.
Hope this helped.

hm1992
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Re: Financial requirement

Post by hm1992 » Mon Feb 03, 2020 9:45 pm

No cash savings unfortunately. Just not too familiar with the way category B works and if I have to include all employers letters/wage slips in the 12 month period. Trying to look at how would be the best way doing it without involving a lawyer

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Re: Financial requirement

Post by Afe » Mon Feb 03, 2020 9:59 pm

I know what you mean, lawyers can be expensive.
Im also a sponsor but lucky enough to have some cash savings. In your case i would recommend maybe waiting a couple of months wich would allow you to apply on cat A which seems far simpler in my eyes.

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Re: Financial requirement

Post by seagul » Mon Feb 03, 2020 10:13 pm

hm1992 wrote:
Mon Feb 03, 2020 9:18 pm


My question is would I need to show all employment History In the 12 months whether it is salaried or non salaried If I rely on category B.
Thanks
yes to fulfill the 2nd part of category B where you must have earned at least £18600 during the last 12 months from all employers.
hm1992 wrote:
Mon Feb 03, 2020 9:18 pm
I then got a new job with a higher income which I am in now.
If that job is paying a salaried income of £18600 at the time of application then you can easily fulfill the 1st part of category B too.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial requirement

Post by hm1992 » Tue Feb 04, 2020 5:11 pm

Yes I was thinking cat B to be the best way forwards for me as I don’t meet the ruling for cat A even though I have been employed for more than 6 months and earning and annual salary of £21k.

Category B is the way to move forward so I believe I need to include my previous 3 employers for that month along with proof of their employment. Is that correct?

Thanks

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Re: Financial requirement

Post by seagul » Tue Feb 04, 2020 8:24 pm

hm1992 wrote:
Tue Feb 04, 2020 5:11 pm
Yes I was thinking cat B to be the best way forwards for me as I don’t meet the ruling for cat A even though I have been employed for more than 6 months and earning and annual salary of £21k.

Category B is the way to move forward so I believe I need to include my previous 3 employers for that month along with proof of their employment. Is that correct?

Thanks
I need to attach 12 months of payslips from all employers with corresponding bank statements and plus the employer letter from present employer confirming your annual salaried income.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial requirement

Post by hm1992 » Tue Feb 04, 2020 11:04 pm

Great. And does it matter that some of my wage slips will be weekly as when I was working through an agency I was getting paid weekly instead of monthly?

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Re: Financial requirement

Post by seagul » Wed Feb 05, 2020 6:57 am

hm1992 wrote:
Tue Feb 04, 2020 11:04 pm
Great. And does it matter that some of my wage slips will be weekly as when I was working through an agency I was getting paid weekly instead of monthly?
Shouldn't be an issue but make sure that payslips cover the entire period (12 months).
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial requirement

Post by hm1992 » Wed Feb 05, 2020 2:32 pm

Ok. And just one final question... do I need to show an employment letter for the agency confirming my pay rate whilst I was working for them last year?

Or is it just an employment letter from my current employer?

Thanks

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Re: Financial requirement

Post by seagul » Wed Feb 05, 2020 9:13 pm

hm1992 wrote:
Wed Feb 05, 2020 2:32 pm
Ok. And just one final question... do I need to show an employment letter for the agency confirming my pay rate whilst I was working for them last year?

Or is it just an employment letter from my current employer?

Thanks
Usually an employer letter from current employer is needed but from near past few members were asked to supply that even from previous employer although it is not relevant.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Financial requirement

Post by hm1992 » Wed Feb 05, 2020 11:46 pm

Ok thank you very much. I shall include it just to be on the safe side

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Spouse Visa cat B adding agency on online application

Post by hm1992 » Sun Feb 23, 2020 2:31 pm

Hi guys

Need a bit of advice on how to add a previous employer for category B when i was working through an agency.
So the online application asks me the name of the employer... Do i put this down as the agency that was paying me or with the actual company i am working with?

Also it asks me for the gross annual income. I only worked there for 12 weeks so i have taken my total gross pay for 12 weeks and as i get paid weekly i have times the total gross pay received by 12 for the weeks i have worked and then divided that figure by 12 to get my gross income for the year. Is that the correct way of working that out?

Finally, My current job is salaried employment and my previous one was salaried for 1 month and the one prior to that was non salaried through the agency. How does this affect me applying under category B? Am i right in saying that so long as i calculate the gross income correctly for each employment i will be ok and so long as i meet the requirement under category B in terms of showing the correct income for the last 12 months then that should be fine?

Any help and advice with be much appreciated.
Thanks

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Re: Spouse Visa cat B adding agency on online application

Post by seagul » Sun Feb 23, 2020 3:47 pm

hm1992 wrote:
Sun Feb 23, 2020 2:31 pm
.
So the online application asks me the name of the employer... Do i put this down as the agency that was paying me or with the actual company i am working with?
The one who has actually employed & paying you.
hm1992 wrote:
Sun Feb 23, 2020 2:31 pm
Also it asks me for the gross annual income. I only worked there for 12 weeks so i have taken my total gross pay for 12 weeks and as i get paid weekly i have times the total gross pay received by 12 for the weeks i have worked and then divided that figure by 12 to get my gross income for the year. Is that the correct way of working that out?

Finally, My current job is salaried employment and my previous one was salaried for 1 month and the one prior to that was non salaried through the agency. How does this affect me applying under category B? Am i right in saying that so long as i calculate the gross income correctly for each employment i will be ok and so long as i meet the requirement under category B in terms of showing the correct income for the last 12 months then that should be fine?

Any help and advice with be much appreciated.
Thanks
To meet the category B part 2 the all needs is that you must have earned at least £18600 during the last 12 months from all employers. So you just add the total of all income without taking any average or using any formula. Also you must have the 12 months of corresponding bank statements & payslips.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa cat B adding agency on online application

Post by hm1992 » Sun Feb 23, 2020 3:55 pm

Ok. So when I am adding each previous employer it asks me for the gross annual salary? For each employer. Do I just put the whole amount I have earned there for 12 months or what I should be earning for 12 months? Or just what I have earnt with them?

Sorry if that’s a bit confusing.

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Re: Spouse Visa cat B adding agency on online application

Post by seagul » Sun Feb 23, 2020 4:15 pm

hm1992 wrote:
Sun Feb 23, 2020 3:55 pm
Ok. So when I am adding each previous employer it asks me for the gross annual salary? For each employer. Do I just put the whole amount I have earned there for 12 months or what I should be earning for 12 months? Or just what I have earnt with them?

Sorry if that’s a bit confusing.
Online application other than the applicant nobody else can see it therefore, nobody can give correct answer. However, in my view you need to give the answer exactly in a way the way it has been asked. Also you can add your own covering letter showing all these calculations.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa cat B adding agency on online application

Post by hm1992 » Sun Feb 23, 2020 4:21 pm

Ok thanks.

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Re: Spouse Visa cat B adding agency on online application

Post by hm1992 » Sun Feb 23, 2020 5:21 pm

Sorry. Correction. The question is what is the annual income before tax for this employment. Do I add there what I received as gross income before tax for the 12 weeks I worked?

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Re: Spouse Visa cat B adding agency on online application

Post by seagul » Sun Feb 23, 2020 5:52 pm

hm1992 wrote:
Sun Feb 23, 2020 5:21 pm
. The question is what is the annual income before tax for this employment.
Your current salaried income
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa cat B adding agency on online application

Post by hm1992 » Thu Feb 27, 2020 6:48 pm

Hi

Just one final question...

One of my previous employers I was overpaid by £100. So I was paid £1390 into my bank account and the wage slip shows this also.

However the employer sent me a letter saying I got overpaid and sent me a new amended wage slip showing the deduction. I was overpaid £100. So I paid this back as a payment to my previous employer.

On the HMRC website it shows both amounts of these payments and I am not sure which payslip to include.

I meet the financial requirement with both the lower amount and also higher amount but I am not sure which one to include.

Any advice would be appreciated.
Thanks

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