query on income criteria for spouse settlement visa?pls help

[manjeet123]

Hi All,

Currently I am on ILR and planning to bring my husband to UK.
As per the new rules of having minimum income of £18600 annually for spouse visa, I do earn £18600 but my annually income started from May 1st and before that i was on hourly pay.
My husband is going to apply for the visa in the month of september but i will be having two payslips of hourly pay and four payslips on salary based.
Would this be acceptable by home office as they have separate explanations for salaried and non salaried employments as below.

"Where the person is in salaried employment:

they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application.


Where the person is in non-salaried employment:

the level of gross annual employment income relied upon in the application can be no greater than the annual equivalent of the person‟s average gross monthly income from non
-salaried employment in the 6 months prior to the date of application."

Please see section 5 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary#

My query is:

My earnings are as below from 01/03/2013 till 31/08/2013:

Non-Salaried months
March
April

Salaried months
May
June
July
August


My average income in these months is >18,600 (total income/number of months as per the above rules).
So I do understand that I met the salary requirement but here i'm mixing up both salaried and non salaried incomes Would this be a problem?

Thanks in advance

[Amber]

What s your lowest monthly gross wage in the last 6 months as per you wage slips?

[manjeet123]

my minimum wage is around £600 and maximum is 2200 in last 6 months

[Amber]

Then your annual salary could be viewed as £7200 for cat a salaried income, thus you should apply under cat b. Therefore, in the last 12 months, what is your total Gross wage? Add all the wage slips up.

[manjeet123]

sorry, but i just wanted to know why did u take £600 as my average income whereas i have earned 2200 in the month of april.

[Amber]

Because, for cat a salaried income, the calculation is, the lowest gross monthly wage in the preceding 6 months x 12.

[yaakovnewman]

Hi
need to clear one thing I am a British citizen and I been earning more than £25000 in a salaried job for last 5 years or so but due to some stupid side business thing i stuck in last year i couldn't have more than £100 in my account at of end of every month..
If i will apply for a visa for my wife with same bank statements what chances she has?

[manjeet123]

So, if i apply under cat b which is non- salaried, will they not object on my payslip where it says from 1st may salary

[Amber]

So, if i apply under cat b which is non- salaried, will they not object on my payslip where it says from 1st may salary

Cat B looks at the last 12 months, there will be 2 questions, 1. Does your annual salary (current) meet the requirement and 2. Have you actually earned the financial requirement in the last 12 months? Therefore, can you answer those two positively?

[Amber]

Hi
need to clear one thing I am a British citizen and I been earning more than £25000 in a salaried job for last 5 years or so but due to some stupid side business thing i stuck in last year i couldn't have more than £100 in my account at of end of every month..
If i will apply for a visa for my wife with same bank statements what chances she has?

It does not matter what the balance of the account is, the issue is, has your earnings been paid into the account?

[manjeet123]

In that case i think i should wait for another 2 months and get all the 6 payslips of salaried. Than you so much for your replies and concern. It really has helped me a lot. Thank you once again. God bless

[Amber]

Just remember if you're going to go cat a salaried income then the lowest month's gross wage (in the preceding 6 months) x12 must equal the financial requirement.

[yaakovnewman]

Hi
need to clear one thing I am a British citizen and I been earning more than £25000 in a salaried job for last 5 years or so but due to some stupid side business thing i stuck in last year i couldn't have more than £100 in my account at of end of every month..
If i will apply for a visa for my wife with same bank statements what chances she has?

It does not matter what the balance of the account is, the issue is, has your earnings been paid into the account?

Thanks for reply
My salary is being paid directly in my bank account and there is no problem there..
Kindly let me know if u come across this type of case before and again what are the chances?
Thanks in advance

[Amber]

Hi
need to clear one thing I am a British citizen and I been earning more than £25000 in a salaried job for last 5 years or so but due to some stupid side business thing i stuck in last year i couldn't have more than £100 in my account at of end of every month..
If i will apply for a visa for my wife with same bank statements what chances she has?

It does not matter what the balance of the account is, the issue is, has your earnings been paid into the account?

Thanks for reply
My salary is being paid directly in my bank account and there is no problem there..
Kindly let me know if u come across this type of case before and again what are the chances?
Thanks in advance

So long as you meet the financial requirement and have the required specified evidence, your application should not be refused for a lack of financial means.

[yaakovnewman]

Hi
need to clear one thing I am a British citizen and I been earning more than £25000 in a salaried job for last 5 years or so but due to some stupid side business thing i stuck in last year i couldn't have more than £100 in my account at of end of every month..
If i will apply for a visa for my wife with same bank statements what chances she has?

It does not matter what the balance of the account is, the issue is, has your earnings been paid into the account?

Thanks for reply
My salary is being paid directly in my bank account and there is no problem there..
Kindly let me know if u come across this type of case before and again what are the chances?
Thanks in advance

So long as you meet the financial requirement and have the required specified evidence, your application should not be refused for a lack of financial means.

Thanks for the prompt reply
I hope thing will be fine,I sent her my last one year payslips and bank statements and my salary as i told u before always paid directly to my account i also include company letter confirming my yearly income, well above the minimum trash hold, and letters from HMRC and P60s to confirm that I am earning more than minimum requirement.
My back statement look healthy at the beginning of month and by the 20th i struggle so i m really afraid of this matter but lets C
Thanks again for the help
Take care