ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

About unpaid leave...

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

About unpaid leave...

Post by maniani » Fri Aug 15, 2014 7:00 pm

Dear friends

We are going to apply for fresh spouse settlement visa. I am applying under Category A and had been employed by same employer for nine month.i am giving detail of my pay:
November 2013 - 2600
December 2013 - 2600
January 2014 - 2600
February 2014 - 2600
March 2014 - 0
April 2014 - 0
May 2014 - 2600
June 2014 - 2600
July 2014 - 2600

I was for holiday in the month of march and april during my visit to india. I want to know that does this two month unpaid leave will be counted toward financial calculation?
Last edited by maniani on Fri Aug 15, 2014 7:22 pm, edited 2 times in total.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: About unpaid leave...

Post by MPH80 » Fri Aug 15, 2014 7:13 pm

It counts as 0.

So your income will be considered to be 6 x 0 = 0. Look at applying under category B or wait another 3 months.

If you were on maternity, paternity or sick leave it'd be a different matter.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: About unpaid leave...

Post by Wanderer » Fri Aug 15, 2014 7:18 pm

£26,000 a month? Are you a professional footballer lol?
An chéad stad eile Stáisiún Uí Chonghaile....

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Fri Aug 15, 2014 7:22 pm

Wanderer wrote:£26,000 a month? Are you a professional footballer lol?
Sry , that is 2600

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Fri Aug 15, 2014 7:23 pm

MPH80 wrote:It counts as 0.

So your income will be considered to be 6 x 0 = 0. Look at applying under category B or wait another 3 months.

If you were on maternity, paternity or sick leave it'd be a different matter.
Dear MPH80

What will we call this type of unpaid leave for family visit?

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: About unpaid leave...

Post by MPH80 » Sat Aug 16, 2014 1:52 am

Unpaid leave!

There is no dispensation for your situation.

You either apply under category B if you qualify or wait a further 3 months.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 6:46 am

MPH80 wrote:Unpaid leave!

There is no dispensation for your situation.

You either apply under category B if you qualify or wait a further 3 months.
But Can i apply under non salaried employment under Category A...... Total income of six month divided by 6 snd multiply by 12.. Then I meet the requirement. I am paid according to the hours I work for my company...

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: About unpaid leave...

Post by ilrupdates » Sat Aug 16, 2014 10:37 am

maniani wrote:
MPH80 wrote:Unpaid leave!

There is no dispensation for your situation.

You either apply under category B if you qualify or wait a further 3 months.
But Can i apply under non salaried employment under Category A...... Total income of six month divided by 6 snd multiply by 12.. Then I meet the requirement. I am paid according to the hours I work for my company...
you can apply under non salaried Category A employment only if you really come under this employment. I personally assume that you do not fall under this category because in non salaried employment, the wages varies every month depending upon the number of hours worked every month unless one has worked the exact same no of hours every month. in your case the wages is 2600 for every month.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 10:50 am

ilrupdates wrote:
maniani wrote:
MPH80 wrote:Unpaid leave!

There is no dispensation for your situation.

You either apply under category B if you qualify or wait a further 3 months.
But Can i apply under non salaried employment under Category A...... Total income of six month divided by 6 snd multiply by 12.. Then I meet the requirement. I am paid according to the hours I work for my company...
you can apply under non salaried Category A employment only if you really come under this employment. I personally assume that you do not fall under this category because in non salaried employment, the wages varies every month depending upon the number of hours worked every month unless one has worked the exact same no of hours every month. in your case the wages is 2600 for every month.
Dear ilrupdates

I am under non salaried employment because i got paid according to hours i work but I maintain a uniformity in the number of hours i work each month and thats why my income is 2600 every month...Does this mean I don't qualify under non salaried employment?????

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: About unpaid leave...

Post by Rayking » Sat Aug 16, 2014 1:21 pm

Meeting the financial requirement of 18600 is what's really important,if your salary is 2600 for 6 months,I don't think there's anything to worry about then.
If it's non salaried, just add it up,divide by 6×12.
Then get letter from your employer stating you're paid hourly or otherwise.
*you must have worked throughout this 6 months. Someone had already told you this though.
Non salaried simply means you're paid at hourly rate or you have variable income,so you qualify obviously.
Even if it's salaried and you earn 2600 monthly, you qualify as well?

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:02 pm

Rayking wrote:Meeting the financial requirement of 18600 is what's really important,if your salary is 2600 for 6 months,I don't think there's anything to worry about then.
If it's non salaried, just add it up,divide by 6×12.
Then get letter from your employer stating you're paid hourly or otherwise.
*you must have worked throughout this 6 months. Someone had already told you this though.
Non salaried simply means you're paid at hourly rate or you have variable income,so you qualify obviously.
Even if it's salaried and you earn 2600 monthly, you qualify as well?
I was not employed throughout 6 month..I was for 2 month unpaid leave. So I want to apply under non salaried employment because i got paid according to the hours i work....

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: About unpaid leave...

Post by MPH80 » Sat Aug 16, 2014 7:08 pm

Let's be clear - are you paid a monthly wage or are you paid an hourly wage?

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:13 pm

MPH80 wrote:Let's be clear - are you paid a monthly wage or are you paid an hourly wage?
I got monthly pay slip with number of hours i work in that month. So i am paid according to hours i work and got a payslip every month.....

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: About unpaid leave...

Post by MPH80 » Sat Aug 16, 2014 7:20 pm

Does your contract say "pay x an hour" or "pay x a month"?

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: About unpaid leave...

Post by Rayking » Sat Aug 16, 2014 7:41 pm

"I was not employed throughout 6 month..I was for 2 month unpaid leave. So I want to apply under non salaried employment because i got paid according to the hours i work"

If you weren't employed for 2 months,how then do you meet the 6months requirement?
I think everyone has told you,there's no other way out of financial requirement, it's non negotiable, if you reapply or appeal without meeting this 6 months or 12 months as the case may be,I'm afraid to say,you'll be refused.
You either wait until you have 6 continuous 6 months or cat be when your income equals or more than 18600.
I'll suggest you read the requirements yourself.You need to meet continuous 6 months condition even if you're applying on non salaried employment.
Last edited by Rayking on Sat Aug 16, 2014 7:48 pm, edited 1 time in total.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:43 pm

MPH80 wrote:Does your contract say "pay x an hour" or "pay x a month"?
Pay x hours= income...

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:47 pm

maniani wrote:
MPH80 wrote:Does your contract say "pay x an hour" or "pay x a month"?
Pay x hours= income...
Dear Rayking

I was employed in previous six months but i was for unpaid leave for two months but i don't that employment. So i want to apply under non salaried employment in Category which says total income in 6 months divide by 6 and multiply by 12 , then I clearly meet financial requirement..

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: About unpaid leave...

Post by MPH80 » Sat Aug 16, 2014 7:48 pm

*sigh* this isn't getting any easier.

Mine says that too. It says I get a fixed salary per month based on 40 hours a week. It's still a salary.

A non-salaried position would not talk about hours a month or a week as your hours would be determined by the necessity of the role.

I'm of the opinion - based on what you've written so far that you're in a salaried position and you have to apply under the rules for cat A (e.g. wait 3 months) or figure out if you're eligible for Cat B.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:51 pm

MPH80 wrote:*sigh* this isn't getting any easier.

Mine says that too. It says I get a fixed salary per month based on 40 hours a week. It's still a salary.

A non-salaried position would not talk about hours a month or a week as your hours would be determined by the necessity of the role.

I'm of the opinion - based on what you've written so far that you're in a salaried position and you have to apply under the rules for cat A (e.g. wait 3 months) or figure out if you're eligible for Cat B.
But my payslip clearly show number of hours i work and the rats of each hour.. So it has cleary show that I am under non salaried employment and the employer letter has also stated that i got paid accourding to hours i work..

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: About unpaid leave...

Post by Rayking » Sat Aug 16, 2014 7:55 pm

As long as you're employed in 6months prior to your application, you should be fine then,what you're saying is you meet up with 4 months pay slips right?then add 4 months and divide by 6,then multiply by 12.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 7:58 pm

Rayking wrote:As long as you're employed in 6months prior to your application, you should be fine then,what you're saying is you meet up with 4 months pay slips right?then add 4 months and divide by 6,then multiply by 12.
10,400 / 6 = 1733 x 12 = 20,796

Ye i meet the requirement..
Last edited by maniani on Sat Aug 16, 2014 8:19 pm, edited 1 time in total.

Rayking
Senior Member
Posts: 694
Joined: Tue Dec 03, 2013 2:58 pm

Re: About unpaid leave...

Post by Rayking » Sat Aug 16, 2014 8:11 pm

10400÷6=this should be calculation, now check it.
*pls note,you will have to explain CLEARLY in your additional info,the reasons you were on 2 months unpaid leave with proofs and your employer needs to confirm it too.
Your payslips must show the amount you've stated you earn with corresponding bank statements showing your net earning.
About salary stuffs,I get paid monthly, but I'm on non salaried income because I'm paid hourly which varies. I'm of the opinion that it's possible to be on non salaried employment and the hours can be fixed as well.
Know also that everything can easily be confirmed by the ECO if he's in any doubt.
Last edited by Rayking on Sat Aug 16, 2014 8:26 pm, edited 1 time in total.

maniani
Member
Posts: 245
Joined: Tue Feb 04, 2014 4:47 pm
Location: London
United Kingdom

Re: About unpaid leave...

Post by maniani » Sat Aug 16, 2014 8:18 pm

Rayking wrote:10400÷6=this should be calculation, now check it.
Ya u r right .... My mistake in writing..

Locked