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Discussion Starter · #1 ·
Dear All,

We are going to try to make it simple but we are aware that ours is critical case

I (Applicant ,Indian ) = was on Study Visa untill 30th Oct 2013 .Never worked in term time ,however when term time finished Joined Job and earned 5550 in last four months. took another study visa after 30th Oct 2013 ,however this time I do not have work permission.

Partners (Sponsor,British National) worked different jobs since past one year and falls into non-salaried category through out the year.
His One year (52 weeks) earnings are 13,500 (3 different jobs)
and past 6 months (26 weeks) earnings are 9,400 (2 different jobs)

Questions are as follows:

1) Can mine (applicant's) earning will be counted in yearly or 6 months requirement calculations? since now I do not have job and current visa condition does not permit work.

2) Can My partner show only past 26 weeks earning ? He is with the one company since Septmber 2013
(Partners) June 850+ July 285+Aug 0000+ Sept 1502 + Oct 1449+Nov 2086 +Dec (on the basis of allocated hours) 2000 =8172 + 1228 (from other job from 1st sept to 30Sept)

if applicant's salary Added for the same period then
Applicants June 287+July 1197+Aug 1453+Sept 1091 + Oct 1270+Nov 252 +Dec 0000=5550

If we don't add both the sponsor and applicants salary for the past one year then income is only £13000

If counted both it will be reach 18600 on yearly calculation.

We are aware that its confusing but We have hit dead end, don't know when to apply for visa? which category should we apply under? We don't even know if we fulfil financial requirement criteria.

please kindly let us know if we are missing out any information to make situation clear,that will enable for you to advice.
Thanks in advance.please kindly reply asap,will be grateful.
 

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Basically, as things stand, you don't meet the financial requirement. Apart from past income, your partner needs to be in a job or jobs earning £18,600, which he is not, and you can't work. So even if you (just) meet on the basis of past income, you fail to meet the current income test. Under Cat B, your total income during the last 12 months must come to at least £18,600 (including your income), AND at the time of application your UK partner (only) must be earning £18,600 or more.
So your choice is for your partner to earn more, or you have savings to meet the shortfall, on the basis of 2.5 times undershoot plus 16000.
 

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Discussion Starter · #3 · (Edited)
First of al thank you very much for your reply Joppa !
my husband is completing his 6 months with the same company in month of February 2014 where his 6 months salary will be more than 10,000 .Will be better for us to apply on completion of 6 months where it will fall under Cat A (I guess) and working with the same company more than 6 months.
Que: In this case will yearly income be counted ?

However if at all we decide to apply in Jan the
Sponsors income for past 52 weeks = 13700
Applicants income for past 52 weeks = 5530
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£19230

Sponsor : less than six months non salaried employee
10000/6 X12=£20000

I forgot to mention that My husband ;s company reference letter states 19000 yearly salary.
Que: does that match current income criteria? will then my income of 5530 will be considered and added to sponsors yearly income?

Joppa ,you are saying applicant's income will not be counted because current status of applicants visa does not allow work? have I got it right? is it not very clear to me.Saving will not be an option for me.

Please kindly explain..which will be the best option when should we apply?
 

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Under Cat A, your sponsor only needs to be earning an annualised £18,600 for 6 months, so when you apply in Feb 2014, you only need to submit his income from Aug 2013 to Feb 2014, and nothing about your income from the past (it's irrelevant anyway).
 

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Discussion Starter · #5 ·
and if we were to apply in mid Jan 2014 ,will my (applicant's) earnings will be counted in yearly income? since I (applicant) earned this amount when visa permitted,but now can not work due to restriction in current visa status.
please kindly answer this,it is very important to us.Thank you in advance.
 
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