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Discussion Starter · #1 ·
Hi all, bit of background information;

Got married last year from overseas a while before the rules changed, went into employment at the start of the year. Have been in employment for nearly 8 months now. Paid at an hourly rate, however had to take a reduction in hourly pay as I have moved to a different location although I am still employed by the same company.

Now, I was on a 35 hour a week contract with my employer (rate of £7.53), did plenty of OT, and from the top of my head I remember my average earnings for the past 6 months was £1350 or near abouts.

Now my hours have decreased to 20hours/weekly, and 90p a hour reduction in my hourly pay rate. There is still OT available which I will always take. So it has made a difference to my income. I am also looking for other work to help.

I have in savings £45k, which some of was gifted by my parents. These have been in my control for 6 months.

What category would my spouse apply under? From what I've read here it cannot be category A as I would need a monthly income of £1550 or higher for that, for a constant 6 months?

If it's category B, I cannot use my savings to help can I?

So in reality I am stuck until I earn more then the given threshold for the UK visa? Or earn that much in the 12months?

Please can you share your advice with me me, I am really confused and upset, I'm losing sleep over this.

Also, may I add, I have done all my documents, would I need my sponsor letter to be created by a solicitor as I did my sponsor introduction myself, I explained how I met my spouse, time I spent with her, how we communicate, etc...

Thank you.
 

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Discussion Starter · #2 ·
I also forgot to mention that my pay per month does fluctuate and that, I worked out my average by adding all my pay slips then dividing by 6 x 12 to work out a yearly income.

Am I right in reading on here that the UKBA will use my lowest pay for a given month? I think this was around £1k, I can't say as I don't have my payslips to hand at the moment.

:( I'm very worried about this.

My new pay will be even lower then this when I get my next pay slip. Is it advisable that I do not send that payslip and just use the ones I have?

:(
 

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Hello,

I may not be able to answer all your questions, but probably i can only help you clarify regarding the category according to your hourly paid job.

My husband's gets paid by the hour as well, which it is considered Non-salaried employment (as he gets paid by the hour depending of how much work he undertakes). We are under Cat A, because we are submitting 6 months of employment.

As to the calculation of the annual income, you are calculating it wrong. They dont take as a basis the lowest amount earned on the payslips under the NON SALARIED EMPLOYMENT. That only applies for those who are applying under Cat A with salaried employment.

As your job is Non-salaried, you will sum up all your payslips then divide the result by 6 and multiply it by 12= the result will be your annual salary.
You have to take in mind that if the final result is less than 18,600 you should then look for other means to compensate the threshold (if your savings are enough) and you will have to apply under another category. Please wait for advice on that one.

Joppa has helped me loads to understand my case for example. Please wait for better answers, however i recommend you also this link that may help you understand the diferent cases regarding the requirements as well.

PAGE 18.
http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Good Luck :)
 

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Discussion Starter · #4 · (Edited)
Hello,

I may not be able to answer all your questions, but probably i can only help you clarify regarding the category according to your hourly paid job.

My husband's gets paid by the hour as well, which it is considered Non-salaried employment (as he gets paid by the hour depending of how much work he undertakes). We are under Cat A, because we are submitting 6 months of employment.

As to the calculation of the annual income, you are calculating it wrong. They dont take as a basis the lowest amount earned on the payslips under the NON SALARIED EMPLOYMENT. That only applies for those who are applying under Cat A with salaried employment.

As your job is Non-salaried, you will sum up all your payslips then divide the result by 6 and multiply it by 12= the result will be your annual salary.
You have to take in mind that if the final result is less than 18,600 you should then look for other means to compensate the threshold (if your savings are enough) and you will have to apply under another category. Please wait for advice on that one.

Joppa has helped me loads to understand my case for example. Please wait for better answers, however i recommend you also this link that may help you understand the diferent cases regarding the requirements as well.

PAGE 18.


Good Luck :)

Thank you so much for your reply.

Totalling up and dividing it by 6 and x 12 results in my yearly income to be £16,200. What I want to know is if I can use my savings with this or not. This is what I am worried about.

Thank you for clearing the working out of the non-salaried income.

I hope joppa see's this and helps me. I am really worried.
 

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You are welcome,

Yes, i suggest you to wait for joppa and get his advice regarding your savings as a help for the visa. I heard that the new immigration rules of October 2013 have given good news to those who dont meet the financial requirement, so they are more flexible (allowing cash savings to be included as evidence to meet the requirement, however i dont know what the minimum amounts are to be accepted as cash savings). You should take a look..... this is the link and wait for joppa to advice you and help you calculate how much savings you will need in order to balance the shortfall you got.

http://www.ukba.homeoffice.gov.uk/s...tatementsofchanges/2013/hc628.pdf?view=Binary

Also, read the Appendix FM-SE. It gives you s tremendous good advice and understanding.

Have a good day.
 

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Discussion Starter · #6 ·
As far as I'm aware cash savings have always been possible to use with the financial requirements side of things with a spouse visa. What I understand is that they can not be used with part 2 of category B and cannot be used with self employment either.
 

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As far as I'm aware cash savings have always been possible to use with the financial requirements side of things with a spouse visa. What I understand is that they can not be used with part 2 of category B and cannot be used with self employment either.
Hello,

Yes, they have been always accepted under certain conditions. I wish i could help you but i dont want to give you the wrong advice.
It is a confusing process at first but once you figure it out (specially with the help of this forum) everything becomes easier.

Good luck with your application :)
 

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If your average income under Cat A is only £16,200, you can meet the shortfall through savings (Cat D). You need (18600-16200) x 2.5 + 16000 = £22,000. The total amount must be in a non-notice cash account and the minimum balance of £22,000 must have been maintained for 6 months up to the date of application. It can be divided between several accounts, including in foreign currencies, in your, your partner's or in joint name. But each account has to conform to the same requirement about length and minimum balance. Also the money must be your own, not a loan.
 

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Discussion Starter · #9 ·
Hi Joppa,

Thank you for your reply it means a lot. Do you think I am in a good position then or not? The cash savings, some was a substantial amount which was gifted to me by my parents. They do not consider this a loan and have given me a written letter stating this.

Can I use the savings with CAT A? Do I qualify for CAT A? Anglebub said my annual salary will be worked out using my gross monthly pay for 6 months and then dividing it by 6, and multiplying by 12? Is this how the ECO will work it out?

I am still rather confused as I do not want anything left untouched so my spouse's visa gets rejected? The savings have been left untouched as I have enough left over a month to support myself and send maintenance to my spouse.

Also, I see one of my previous questions was not answered which was do I need a solicitor to create a document for me for my spouse's settlement? Or is my sponsors introduction enough for the ECO?

Thank you in advance. :(
 

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No solicitor needed. Just ask here for anything you aren't sure about.
You should meet the requirement under Cat A combined with Cat D.
 

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Discussion Starter · #11 ·
Hi Joppa,

Thank you. I will ask if I have any more questions. Thank you for your help, I really appreciate it. Thank you so much.
 

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Discussion Starter · #12 ·
I worked out that my yearly income calculated from my last 6 payslips is £16,510.42.

So working it out like Joppa has done; (18600-16,510.42) x 2.5 + 16000 = £21,223.95

Is this the amount of savings the EOC will use for the application for the shortfall in my pay? I have now 7 pay-slips. My last payslip shouldn't be older then 28days of the application, correct? Does the housing report also need to be done within 28 days of the application, as I have one which is a little older then that.
 

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I worked out that my yearly income calculated from my last 6 payslips is £16,510.42.

So working it out like Joppa has done; (18600-16,510.42) x 2.5 + 16000 = £21,223.95

Is this the amount of savings the EOC will use for the application for the shortfall in my pay?
Yes.


I have now 7 pay-slips. My last payslip shouldn't be older then 28days of the application, correct?
Correct.

Does the housing report also need to be done within 28 days of the application, as I have one which is a little older then that.
No. Provided it's up to date.
 

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Discussion Starter · #14 ·
Thank you Joppa, my p60 has a low amount of £2.5k, for the tax year 12/13. I wasn't in employment as it took a while to get into employment. Will this affect my spouse's case?

Also the figure which I posted before was my hourly earnings a month. Is the way of working it out correct for hourly earnings and again will they not use the lowest amount of my payslip to work out my yearly income? I'm just still a little unsure about these grey areas and would like to understand them fully before we submit anything.
 

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You need to attach a note to P60 explaining why it is low.
For the hourly-paid (non-salaried employment), you work out the average over 6 months, so you don't need to earn a minimum amount each month provided on average you earn £18,600.
 

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Discussion Starter · #16 ·
Ok Joppa that's fine I will attach a note.

Again on average I haven't earned £18,600, so this is why my savings can be used, correct?

So on the form we should tick the boxes for Cat A and Cat D for the financial requirements?

The documents I have made are these;

- Sponsor’s Information
- Sponsor’s Letter of Introduction
- Authenticated Copy of Passport Bio Page
- Originals of Birth Certificate (short and long form)
- CV Of Sponsor
- Academic Degree of Sponsor

- Sponsor’s Financial Information
- Sponsor’s Bank statements
- Sponsor’s P60 (Sealed Envelope) - I will add a note to this
- Sponsor’s Payslips (Dated Sealed Envelopes) - 6 months of payslips even though I have a month extra - I should submit my last one. Does this mean I can leave my first payslip out?
-Sponsor’s Utility Bills

- Sponsor’s Support
- Received gift from parents (Sponsors Parents)
- Parents Bankstatement showing gift leaving account/gift receipt from the bank which it was transferred at as it was done in person

- Sponsor’s Evidence of Accommodation
- Letter from Sponsor's Parents verifying accommodation agreement
- Letter from Sponsor's Parents deeds to home (accommodation)/Council tax also attached to this
- Housing Report for Sponsor’s Accommodation

- Sponsor’s Employment History
- Letter of Employment from Current Employer
- Employment Contract

- Sponsor’s Evidence of Maintenance
- Money Sent/Received - I have used Western Union for this, is this acceptable?

- Applicant’s Information
- Applicant’s Letter of Introduction
- Applicant’s Spouse Visa VAF4a Form
- Applicant’s Passport and two color passport-sized photos/I.D Card (True Copy)
- Applicant’s Original Birth certificate
- Applicant’s Biometrics Confirmation
- Applicant’s T.B Medical Certificate
- Applicant’s English Certificate

- Applicant’s Financial History
- Bank statements
- Bank Letter / Verification of Deposits (In English)
- Applicants WU receipts/confirmation

- Applicants’ and Sponsor’s Relationship
- Original and Certified Copy of Marriage License/Also translated
- Wedding photos
- Wedding invitations

- Applicant’s and Sponsor’s Proof of Communication
- Flight confirmations from visits
- Skype Video-Call log
- Facebook messages Log
- WhatsApp Print Screen Log
- AVTMobile Call Log

Does this seem ok Joppa, anything I should add?
 

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Ok Joppa that's fine I will attach a note.

Again on average I haven't earned £18,600, so this is why my savings can be used, correct?

So on the form we should tick the boxes for Cat A and Cat D for the financial requirements?

The documents I have made are these;

- Sponsor’s Information
- Sponsor’s Letter of Introduction
- Authenticated Copy of Passport Bio Page
OK.

- Originals of Birth Certificate (short and long form)
- CV Of Sponsor
- Academic Degree of Sponsor
Not needed.

- Sponsor’s Financial Information
- Sponsor’s Bank statements
- Sponsor’s P60 (Sealed Envelope) - I will add a note to this
- Sponsor’s Payslips (Dated Sealed Envelopes) - 6 months of payslips even though I have a month extra - I should submit my last one. Does this mean I can leave my first payslip out?
-Sponsor’s Utility Bills
Utility bills should go under accommodation.
Put the employment letter and contract here..

- Sponsor’s Support
- Received gift from parents (Sponsors Parents)
- Parents Bankstatement showing gift leaving account/gift receipt from the bank which it was transferred at as it was done in person
Where is the bank or savings account statement of the sponsor where the money has been held for 6 months?

- Sponsor’s Evidence of Accommodation
- Letter from Sponsor's Parents verifying accommodation agreement
- Letter from Sponsor's Parents deeds to home (accommodation)/Council tax also attached to this
- Housing Report for Sponsor’s Accommodation
Good.

- Sponsor’s Employment History
- Letter of Employment from Current Employer
- Employment Contract
See above.

- Sponsor’s Evidence of Maintenance
- Money Sent/Received - I have used Western Union for this, is this acceptable?
Not needed.

- Applicant’s Information
- Applicant’s Letter of Introduction
- Applicant’s Spouse Visa VAF4a Form
- Applicant’s Passport and two color passport-sized photos/I.D Card (True Copy)
- Applicant’s Original Birth certificate
- Applicant’s Biometrics Confirmation
- Applicant’s T.B Medical Certificate
- Applicant’s English Certificate
Birth certificate is optional, unless the name on it differs from passport.

- Applicant’s Financial History
- Bank statements
- Bank Letter / Verification of Deposits (In English)
- Applicants WU receipts/confirmation
Leave them out.

- Applicants’ and Sponsor’s Relationship
- Original and Certified Copy of Marriage License/Also translated
- Wedding photos
- Wedding invitations

- Applicant’s and Sponsor’s Proof of Communication
- Flight confirmations from visits
- Skype Video-Call log
- Facebook messages Log
- WhatsApp Print Screen Log
- AVTMobile Call Log
OK, but don't overdo evidence of keeping in touch. Just a few representative samples from each 6-month period are all that you need.
 

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Discussion Starter · #18 ·


Not needed.
I will leave that out.



Utility bills should go under accommodation.
Put the employment letter and contract here..
So utility bills and employment contract under the accommodation section?



Where is the bank or savings account statement of the sponsor where the money has been held for 6 months?
That is with my bank statements.



Good.
See above.


Not needed.
I did this to show that I have supported my spouse. Unfortunately, getting married and then finding employment was a long wait for me. I do not want the ECO to feel that I cannot support my spouse, so I have sent my spouse money every month for my spouse's needs (even though my spouse lives at family home). I included my spouse's financial bank statements and receipts of money received to show that my spouse was indeed the recipient and the bank statements verify the money I have sent.



Birth certificate is optional, unless the name on it differs from passport.
It does as my spouse took on my name as surname.



Leave them out.
See above.



OK, but don't overdo evidence of keeping in touch. Just a few representative samples from each 6-month period are all that you need.

I will shorten it. I want the ECO to know our marriage is legitimate and our love and desire to be with each other is genuine. I speak to my spouse everyday, and I wanted to prove this with as much evidence as I could. I will do my best to shorten and keep the communication which shows enough but not too much.

Anything else which I should add Joppa. Thank you so much again.

I spent countless nights on this site looking through threads to understand how to develop a case and what is needed, some of the documents I have are what members from here submitted.

With regards to my CV/Degree I wanted to show the ECO that I have work experience, and a qualification which would help me in the future.
 

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You don't need anything about how you are supporting your spouse. It isn't part of the requirement and plays no part in determination. It's all about income.

Contract and employment letter under financials, utility bills under accommodation.
 

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Discussion Starter · #20 ·
You don't need anything about how you are supporting your spouse. It isn't part of the requirement and plays no part in determination. It's all about income.

Contract and employment letter under financials, utility bills under accommodation.
Ok, I'll re-arrange everything.

It's quite shocking to find out that maintenance isn't a requirement. If that was the case why raise the income threshold? Surely, if they're not interested about how much money you give to your spouse while you live away from him/her (maybe spouse is alone, no income,), how would they feed his/her self etc.. Yes they can claim from the state but even so, as a husband/wife it works both ways you help maintain each and other.

Anyway regardless of that, I'll sort my file out and get it posted. I do wish to keep the maintenance in their Joppa, I just feel it to be a necessity to support the case. I hope you don't mind.

Again, the communication I'll cut down and I'll take the other bits and bats out.

Thank you so much. My spouse wishes to pay the fee for the application in her home country, is this ok? I have sent her the money for this.
 
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