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Discussion Starter · #1 ·
Hi there,

I apologise if this is long and confusing but I have been reading this forum for some time and could really use some help.


I have been in a relationship with my US citizen partner for a little over a year. We would like to apply for a fiancée visa for him to come over here once I have reached the financial requirements which should be by the end of October this year.

I have a couple of questions regarding the finances.

I have had the same job for 8 years; however, I wasn't paid for 3 months at the beginning of the year as I spent almost 3 months in the U.S with him.

I started back at the beginning of April and also took another job so I would meet the 18,600 per year gross financial requirement. I have been reassured that I can still apply under category A with 2 jobs as long as I earn enough and have payslips that correlate with the money being paid into my bank account (which I do)

I just wanted to clarify: I know that within the 6 months preceding the application I need to have earned at least £9300 (equivalent of £1550 per month) by the end of September I will have earned £10600, however I just wanted to clarify whether this figure is divided by 6 to get the average monthly figure or if the LOWEST figure earnt in that 6 month period as shown on a payslip is the figure they use and times that by 12 to reach the total figure. I was advised by several different immigration lawyers when trying to get quotes that the 6 month figure would be divided by 6 so I should be able to include my April salary however I read a post of a refusal letter on here stating that because the lowest figure in the applicant's 6 months was £1400 (his income varied) they had used that and multiplied it by 12 meaning the figure earnt over 12 months was below the threshold and that was their reason for refusal so now I am very confused? Can anyone clarify this?

In April I received £1300 (£800 one job plus £400 other job) gross then:

May: £1700 (£800 one job plus £900 other job)
June £1900 £1300 one job plus £600 other job)

From now on the figure will be £1900 each month as my contract has been clarified and I am now on 3 days per week pro rata of £25,500 at one job (approx £1300 gross/month) plus 21 hours at my other job which earns me gross of £700/month. This is how it will be ongoing and should not fluctuate unless I am asked to do extra hours in either which would only make my salary higher obviously

If I applied from April would the ECO take my figure of £1300 as it’s the lowest and x that by 12 or would they divide the total earned in that 6 months and divide it by 6 then times it by 12?

I understand my employers will have to include letters re my ongoing employment and that is fine, however, although I have been continuously employed my hours were not finalised until May. This means I still earnt enough in May from my other job (where I worked extra shifts) but I didn't officially have 3 days per week at my one job until June. The figures are now set so I will receive a total of £1900 a month combined definite each month from now on. Can my employer just state I have been employed with them for 8 years on a salary of £25,500 and my contract states I will be working 3 days per week on a permanent basis ongoing or will I need to clarify exactly when this started despite the fact I will have earned enough in May anyway by working extra hours at my other job? My other job is paid hourly but I have a minimum of 21 hours per week and my employer will clarify this in a letter for me.

I understand this is a bit complicated but could really do with some help.

Basically I have 2 permanent jobs that bring me well over £1550 per month and I will have earned over £1550 per month from May. However if we added together then divided the 6 months from April-September by 6 the average would be £1766 per month meaning an annual income of £21192. If they go on my lowest monthly salary from April-Sept the annual figure would only be £15600 and if they went on my lowest monthly figure from May-October the annual figure would be £20,400

I just need to know if I can apply at the end of September or if I can apply at the end of October?

Also, we will only have been "together" for around 15 months by the time we applied. Is this considered too short?? We want to be allowed to live on the same continent as each other and love each other very much. Visiting long distance is expensive and scary as there are always worries that we won't be allowed in etc. if we state we're visiting our partner. I have visited him twice in the US in the last year and he will have visited me twice in the UK by the time we apply.

Any help VERY much appreciated and so sorry if this seems garbled. We just want to be together and I am working as hard as I possibly can to make that happen.

Many, many thanks
 

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Discussion Starter · #3 ·
Hi Salix, thank you so much. It's funny that you've replied as I was reading through the visa timeline thread yesterday and read about you receiving yours. Congratulations!!

How will it work if one job is salaried and one job is not?? My salaried job, because pro rata, can fluctuate if they want me to do more hours. I work for an environmental charity so none of us can be full time due to funding. I have a set annual salary but I guess I am classed as part time. I have a set 3 days per week but if for example another short term project comes up I would then perhaps be paid a day extra week to complete that but only for say one month and then my salary would be higher for that month. This will happen soon as the Council have funded us to run 6 sessions in schools. I will be doing 6 extra days and will be paid for them in October.

I suppose if you're talking about being paid the same no matter what hours you work then both of my jobs would fall into the fluctuating jobs category. Can I still apply under category A for that and just provide my 6 month's pay slips?

My other job is in a pub and I get paid hourly but am paid monthly into my account and receive payslips. If I work the same hours each week, I get paid the same every month so this should not really fluctuate unless they wanted me to do a few extra.

I really want to be certain as 4 different immigration lawyers told me it would be taken over 6 months and divided yesterday and I cannot afford to pay for the application and have it declined because I have been misinformed! It's all so confusing.

thanks for your help :)
 

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Discussion Starter · #4 ·
I have done some more research and although my main job has a set salary scale of 25,472 I am paid on an hourly basis of £14.34 gross based on that depending on how many hours/days I work per month. At the moment I'm doing 3 days per week (a day classified as 7.4 hours so therefore 22.2 per week or 88.8 per month) with them but it does fluctuate. However, I just looked at my payslips and it does not actually specify the amount of hours worked only how much i get paid from each project (I work on 2). Under hours it simply says 1 and this is the case for everyone's pay slip and just seems to be a generic entry from the sage payroll system. so my last pay slip says:

Description Hours Rate Amount
General 1.00 849.0700 849.07
Trading 1.00 424.5300 424.53

It then has my tax, National insurance, employer's pension deductions and then my gross pay/tax/NI/Pension to date then my gross amount and net pay as well as my name/the date and my N.I number. The net pay relates to exactly what I have had paid into my bank account.

The amount paid above relates to 2 days (14.8 hours) per week on general and 1 day (7.4 hours) per week on trading. So therefore in June I worked 59.2 hours on general and 29.6 hours on trading.

So if you divide 849.07 by 59.2 you get my hourly rate of £14.34 and if you divide 424.53 by 29.6 you also get £14.34 and obviously if you divide the gross total (£1273.60) by my hours worked in that month (88.8) it also comes out to £14.34!


Do you think there will be an issue that it doesn't actually state the hours worked on my pay slip. Do you think an accompanying letter from my employers (the charity board of trustees) explaining this would be sufficient?

My other job has an hourly rate and that is shown on my payslips along with how many hours worked.

Many thanks!
 
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