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Discussion Starter · #1 ·
First Spouse Visa Extension - Cat A or Cat B?

Hi,

As you may know from my previous posts, all this time I mentioned that I will apply for my wife's first spousal visa extension on December 2021 under category B.

My two NHS jobs are both zero hour contracts. Non-salaried basically.

I have just found out that it may be possible to apply under Category A where I only have to show 6 months payslips and bank statements.
May I receive clarification regarding this and what is the pay calculation method under Cat A for non-salaried employment? Do UKVA caseworker use the following methods:

- Method 1: Add up weekly payslips gross payments from June 2021 to December 2021, divide by 6 and multiply by 12?

or Method 2: Take the lowest earning payslip and do the calculation from there?

My total gross June 2021 up until now so far is over £10k (due to having worked overtime - 96 hours in a week).
Applying under Cat A would make it much easier for me to gather my payslips (one of them is around £90 for the week as I took some time off) and bank statements thus less paperwork.

Is it the case that my only option is to apply under Category B?

Please let me know soon. Thanks.
 

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If you have worked at both jobs for 6 months then you can use Cat A
Method 1 for non salaried.
 

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Discussion Starter · #3 ·
Oh ok. All this time I thought I have to apply under Cat B as my two jobs are zero hour contracted so I thought I have to show 12 months income. What about one of my payslips being only around £90? I took 1 week off during that time as I have a newborn child born on August 2021. Would that affect the application?
 

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You need to show that in 6 months you have been paid 9,300 GBP as per Method 1.
 
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Discussion Starter · #6 ·
Another question, my job 1 with East London NHS (that's the name) have two work profiles. One is band 3, other is band 4. Band 4 is basically higher pay. Those two work profiles under Job 1 do not have separate contracts. I get called out to do shifts in different places in London on either as a band 3 or band 4 admin.
Regarding employment letter, due to the nature of my job 1 being non-salaried, should annual salary be mentioned in the letter? Or should average salary be mentioned based on my average pay calculated from June 2021 to December 2021 (i.e. all payslips being added up, divided by 6 and multiplied by 12 under cat A)?

I drafted an EXAMPLE employment letter where my manager required me to do so so she can understand what to type. I'll paste it here, please let me know if it's fine or if there's any adjustments to make. Also, please let me know if I have to open a new thread for this.

" PRIVATE & CONFIDENTIAL
XXXXX XXXXX
XXXXX XXXXX
XXXXX

Dated: xx xxxxx 2021

Re: Employment Confirmation

Dear XXXXX
This letter is drafted upon your request regarding your employment confirmation with XXXXX

I am writing to confirm that you are currently employed by XXXXX on a zero hour contract basis since xx/xx/2018 to date.
Please find below the summary of your employment:

(Band 3).
Minimum Annual Leave Per Year: 28 days.
Position Held: Bank Administrator/Receptionist.
Gross Average Annual Salary: £19,737
Gross Average Weekly Salary (based on 37.5 hours per week): £498.00
Length of Employment: xx/xx/2018 to present
Contract Type: Zero Hour Contract, Non-Salaried.
Average Working Hours per Week: 37.5 Hours

(Band 4).
Minimum Annual Leave Per Year: 28 days.
Position Held: Bank Administrator/Receptionist.
Gross Average Annual Salary: £22,549
Gross Average Weekly Salary (based on 37.5 hours per week): £573.00
Average Working Hours per Week: 37.5 Hours

I can confirm that all of your payslips provided are genuine and are issued by xxxxxx from our online payroll system.
I hope you will find this information useful and should you require any further information, please do not hesitate to contact me."
 

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Do you get one payslip for a week's work or 2? ie. do you get payslips which show your earning under Band 3 and another payslip to show your earnings under Band 4 or just one payslip which shows earnings based on a combination of Band 3 and 4 hours?
 

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Discussion Starter · #8 ·
Do you get one payslip for a week's work or 2? ie. do you get payslips which show your earning under Band 3 and another payslip to show your earnings under Band 4 or just one payslip which shows earnings based on a combination of Band 3 and 4 hours?
2 separate payslips, same employer.
 

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Discussion Starter · #10 ·
Lordy, lordy could it get more complicated ....? So you are going to have to show 2 payslips for each week of earning....
Lol. Yup and that's from Job 1. Job 2 is from a different employer, different organisation, also on zero hours contract. I have to show that as I have gaps from Job 1 where Job 2 covers it in a way I meet the minimum financial requirement of £18,600. So.....3 payslips per week. So for 6 months on a weekly basis, it's basically 78 payslips for the ECO caseworker. Lul.

So is the example employment letter above fine or does it needs to be changed?
 

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Above employer letter seems satisfactory which is disclosing all key information about the employment. But you would have to be extra cautious especially in supplying the correct amount of documents covering the required period. As you have stated that you have some gaps in job 1 means few payslips might not be available. If so, then category A wouldn't be suitable because it strictly require the payslips covering the last 6 months/26 weeks despite you have similar amount of payslips from other job.
 

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Discussion Starter · #13 ·
Above employer letter seems satisfactory which is disclosing all key information about the employment. But you would have to be extra cautious especially in supplying the correct amount of documents covering the required period. As you have stated that you have some gaps in job 1 means few payslips might not be available. If so, then category A wouldn't be suitable because it strictly require the payslips covering the last 6 months/26 weeks despite you have similar amount of payslips from other job.
Hi,

Thanks for your reply and for answering regarding employment letter.

Despite having gaps in Job 1, I still get my weekly payslips from them. Because I am zero hours contracted, the board decided to pay loyal NHS zero hour staff £33.00 in order to help them with their household bills.
Same for my Job 2 NHS zero hour; I get paid £15 weekly from them.

The working hours on those payslips are not mentioned. No tax deduction and NI contribution as £33 is too low for HMRC to be able to tax. There's not a single week where my payslip is missed. In this case, I can still use Category A right when renewing my wife's spouse visa?

Also, can I use those type of payslips to show income where I still get paid if I don't have shifts?

Please let me know. Thanks.
 

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As you have all payslips, you can certainly proceed under category A regardless of whether you have physically worked or not as long as the required number of payslips are available which you have. Also, out of abundance of caution better to attach a covering letter spotlighting all of your calculations instead leaving on caseworker who can be confused.
 

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Discussion Starter · #15 ·
As you have all payslips, you can certainly proceed under category A regardless of whether you have physically worked or not as long as the required number of payslips are available which you have. Also, out of abundance of caution better to attach a covering letter spotlighting all of your calculations instead leaving on caseworker who can be confused.
Ahhh ok. Thanks for that. But you know those payslips (where I got paid when I was off-shifts), do they count as income towards minimum financial requirement?

Or does it have to be for payslips where I've actually worked my hours?
 

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You are applying under Cat A as unsalaried income. Therefore you add up all your paylips divide by 6 and multiply by 12 to get your average annual income.
I don't think that anyone can say 100% that those payslips which only refer to some ad hoc payment (due to you not working any shifts) will be OK. Do you still meet the financial requirement if these payments are not included.
As per the employment letter I don't see how it can state a gross average annual income as you are zero contracted and have no guarantee of any level of income. It would be better if you just quote your hourly rate.
I agree that a covering letter would be useful.
 

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Ahhh ok. Thanks for that. But you know those payslips (where I got paid when I was off-shifts), do they count as income towards minimum financial requirement?

Or does it have to be for payslips where I've actually worked my hours?
I and definitely nobody ever must have heard any instance where the caseworker have requested to see the work schedule except where they liaised with the employer to confirm the employment. Better to include that information in same employer letter too to remain covered in all scenarios.
 

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Discussion Starter · #18 ·
You are applying under Cat A as unsalaried income. Therefore you add up all your paylips divide by 6 and multiply by 12 to get your average annual income.
I don't think that anyone can say 100% that those payslips which only refer to some ad hoc payment (due to you not working any shifts) will be OK. Do you still meet the financial requirement if these payments are not included.
As per the employment letter I don't see how it can state a gross average annual income as you are zero contracted and have no guarantee of any level of income. It would be better if you just quote your hourly rate.
I agree that a covering letter would be useful.



In terms of meeting financial requirements without those off-shift payments, yes I do meet them but only when combined with my Job 2 payslips that I have worked for.

Let's see until December where hopefully by then, I would have worked enough hours to be able to meet the minimum financial requirement just from Job 1 alone. That would make things easier.

In terms of finding out whether my off-shift payments would count towards meeting minimum financial requirement, I'll have to consult an immigration solicitor which here in London is unfortunately very costly due to the pandemic.
 

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Discussion Starter · #19 ·
I and definitely nobody ever must have heard any instance where the caseworker have requested to see the work schedule except where they liaised with the employer to confirm the employment. Better to include that information in same employer letter too to remain covered in all scenarios.
I see. So the letter must mention about my off-shift payments. Gotcha.
 

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Discussion Starter · #20 ·
I see. So for zero hour contract, no annual income must be mentioned. On my payslips, it does mention how much I'll earn in a year if I work full time, 37.5 hours a week with 28 days unpaid annual leaves. So in the letter, I still don't have to mention my annual income?
 
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