[MinnesotaInLondon]

Hi everyone! In order to satisfy the financial requirement for the VAF4A as an unmarried partner, does the decision-maker consider the date of the payslip or the date of the deposit? My partner is employed by more than one company and sometimes will wait up to eight weeks to receive a payment for a job completed. We have all of his original payslips from a six-month period as well as his bank statements, but he has not been paid for all the jobs he has done yet, so each remittance does not necessarily have a corresponding deposit on his bank statements.

Also, since he works for multiple companies, he has a lot of payslips and a lot of deposits from the last six months. We have a spreadsheet that lists each remittance, but should we also include a column on the spreadsheet to indicate the date the payment was deposited into his bank account to make it easier for the decision-maker to reference?

Thank you very much for your help!

 

[topo morto]

Does he pay tax via PAYE on all of these jobs?

 

[nyclon]

This could be a problem for you because what they are looking for is pay slips AND the corresponding deposit. If the deposits significantly lag the payslip you may have trouble proving you meet the requirement.

 

[MinnesotaInLondon]

Hi top_moto. He works about 60% self-employed and 40% PAYE.

Nyclon, do you think that if he has a payslip/remittance but there is not a corresponding deposit, it will definitely not count toward the financial requirement? He will have a number of payslips/remittances from the same five companies he works for with deposits made for at least the first 3-4 months of the 6 months for which we are submitting evidence. Could this back up his case at all and perhaps suggest that, given the consistent history of his work and payments with these companies, he will be paid for his work and therefore these payslips/remittances could count toward the requirement, despite him not being paid for the work yet?

 

[nyclon]

Unfortunately, they are not looking for a consistent history but specific evidence that he has made the required amount in the 12 months preceding the application and to show that for every pay slip he is relying on there must be a corresponding deposit if it is to be taken into consideration.

 

[topo morto]

So what category are you applying under?

 

[MinnesotaInLondon]

Topo_moto, we are applying under Category A.

Thanks, nyclon. That is what I was expecting to hear. Do the payslips have to be dated within the six-month period considered for the application, or only the deposit? For example, he worked a job on May 2 but didn't get paid for it until June 12; the bank statements we are including in the application cover May 12 - November 12. Can we include the May 2 payslip as evidence, since he was paid for it between May 12 - November 12, even though May 2 falls outside that period?

 

[topo morto]

Does that mean you are disregarding all the income that is not PAYE? Or can you even apply under category A for non-PAYE work?

 

[nyclon]

You cannot use self-employment income to apply under Category A. For self-employment you apply under category F or G. You can combine income from salaried or non-salaried employment under Category A or B with F or G as long as it falls in the same financial year.

 

[MinnesotaInLondon]

Thank you both for your replies. My partner was out of the country for a few months earlier this year and was not working during this time. His annual income over the last 12 months does not total 18,600, so we are not eligible for Category B or a combination of Category A and F. He has worked under both PAYE and self-employed for employers in the last six months and has made more than 9,300, which is why we were planning to apply under Category A. If we were to average his annual salary over the last two financial years, it would be below 18,600, which would make us ineligible for Category G. Is there any other way to meet the requirement by considering only the last six months' worth of income? We do not have sufficient savings to make up the difference. Is there any chance of success under Category A?

 

[Crawford]

Thank you both for your replies. My partner was out of the country for a few months earlier this year and was not working during this time. His annual income over the last 12 months does not total 18,600, so we are not eligible for Category B or a combination of Category A and F. He has worked under both PAYE and self-employed for employers in the last six months and has made more than 9,300, which is why we were planning to apply under Category A. If we were to average his annual salary over the last two financial years, it would be below 18,600, which would make us ineligible for Category G. Is there any other way to meet the requirement by considering only the last six months' worth of income? We do not have sufficient savings to make up the difference. Is there any chance of success under Category A?

If your partner has been working as self employed for 60% of the time then you cannot apply under Cat which is relates to being employed for 6 months or more - not self employed.

I think you need to rethink how you can apply for the visa.

 

[topo morto]

From what I understand, Category A is for if you are earning a salary (i.e. through employment/ payment through PAYE) of £18 600/year or more for 6 months or more.

If you want to apply via self-employment income you need to submit quite a lot of proof - section 9 here: https://www.gov.uk/government/uploa...exFM_Section_FM_1_7_Financial_Requirement.pdf

 

[MinnesotaInLondon]

Thanks again for the helpful info. We are rethinking how we can achieve eligibility and I think we are going to push back our application date until my partner can get enough PAYE work to meet the finicial requirement. I come back to my original question: Do both the date on the payslip and date of the corresponding deposit have to fall within the six-month period that is being considered for the application? There are some jobs he worked that he was not paid for until up to 2.5 months later. If the payslip is dated in May, the deposit went in in July, and our six months' worth of statements cover July - December, can it be counted toward the requirement? Apologies for the complicated situation and many thanks for the help.

 

[nyclon]

Your pay slips and bank statements have to cover the same 6 month period if you are applying under Category A and that period is the 6 months immediately preceding application. If you are going to apply in December then you need pay slips and corresponding bank statements which ALL fall within the period that is 6 months before you apply. So if the pay slip was issued in May and you don't get paid til July, you are not going to be able to count that because the May pay slip was issued more than 6 months before you apply. Even though it was deposited in July it for pay that you earned in May.

 

[topo morto]

There are some jobs he worked that he was not paid for until up to 2.5 months later.

Are you really talking about PAYE payslips here? It's really weird to be paid 2.5 months later. I think the tax has to be paid to HMRC within a month - why would they pay the tax, wait a month and a half, and then pay the employee?