Spouse Visa but unpaid holidays

[jafferdeen]

Hi

My friend is British national. He is working full time and earning £28,000 pa.He got married in India and he is applying for wife spouse visa.
Issue:-
He went to India for marriage in September 2021.He got unpaid leave from employer for 3 months. He will join again in January 2022.He still has his job. His annual salary meets the income threshold. Now when he has 3 months unpaid holidays will he still be able to claim his annual income as income requirement or the 3 months gap will create an issue as he will not be able to provide last 6 months payslips because from Sep 21to Dec 21 he earned £0.

please advice

[jafferdeen]

He is working for current employer for last 3 years

[walker]

Please see Category B to see if he meets both aspects of Cat B and meets the financial requirement using Cat. B route (as opposed to Cat A when only 6 months of wage slips need to be provided).

[jafferdeen]

is Cat B only deals with employment less than 6 months ?

"This category B can be used where the applicant’s partner (and/or the applicant if they
are in the UK with permission to work) is in salaried or non-salaried employment at
the date of application, but has not been with the same employer and/or not earning
the income level relied upon in the application for at least 6 months prior to the date
of application. It can therefore be used by those who have been with their current
employer for less than 6 months, or 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. "

[walker]

Cat B can be used even if you have been with the same employer for longer than 6 months - i.e. if you cannot meet the financial requirement using Cat A you can use Cat B

[TODMATT]

Hi

My friend is British national. He is working full time and earning £28,000 pa.He got married in India and he is applying for wife spouse visa.
Issue:-
He went to India for marriage in September 2021.He got unpaid leave from employer for 3 months. He will join again in January 2022.He still has his job. His annual salary meets the income threshold. Now when he has 3 months unpaid holidays will he still be able to claim his annual income as income requirement or the 3 months gap will create an issue as he will not be able to provide last 6 months payslips because from Sep 21to Dec 21 he earned £0.

please advice

You can always apply under Category B as you have been employed for longer than 3 years. Provided you can fulfil both requirements of CAT B, you should be fine and gap where you had an unpaid leave won't count towards the threshold and it doesn't break the periods of employment.

Page 23 https://assets.publishing.service.gov.u ... rement.pdf