Spouse Visa - Category B

[CoS2015]

This is bound to be the most complicated case you guys have seen but your thoughts are invited. I will be sponsoring my spouse in the near future but I have been in the current job for less than six month. I am thinking of Category B. Work on the assumption that my current job annualised at more than 18,600.

For the previous 12 months my earning are as follows. I was on a zero hours contract as a consultant. There was no guarantee of work and I get paid for the work done. I participate in a Joint Share Ownership Plan with an Employee Investment Trust that jointly purchase shares in my employer. My weekly payslips look something like this:

Taxable pay: 268.00
Advance: 400.00

Assuming that I work all the weeks in the year, my income for the past 12 month would be 268 x 52 = 13,936 which is below the threshold.

The monies advanced to me would total 400 x 52 = 20,800

Throughout the last year my employers pay interim dividend along with a final dividend totalling 10,800. At the end of the tax year the Trust buys back my shares resulting in a Capital Gain of 10,000. Together these amounts, 10,000 + 10,800 = 20,800 is used to settle the amount advanced to me.

Let’s say that 268 after tax is 230, amounts paid into bank: 32,760 comprising 52 payments of 630 (230+400).

This arrangement confused my solicitor so I wonder how the HO bureaucrats will see this? Your thoughts are welcomed.

[Obie]

The problem for your solicitor is that he was trying to fit your circumstances under category B, but that was wrong as some of your earnings weren't . He first needed to establish that fact.

[shakoorh]

Sounds like you need to apply with category b and c combined. Look through section 6 of appendix 1.7 FM se, it should help hopefully.

It's quite difficult to understand your finances, I thought mine was bad with all the pay rises and drops.