Salary/non salaried advice please

[tagb2000]

Hi all

My nephew will be applying for his spouse’s visa from the UK pretty soon.

He is currently working on an hourly basis which is fixed at 8.05 per hour and works 40 hours per week. He gets paid MONTHLY for this and has done for over 6 months.

He will be using savings to cover the deficit which I’ve calculated to be £20600.

I would really appreciate if someone could answer the following questions:

1: I understand that this is classed as non salaried employment - will this still be CAT A ? (Can’t find anywhere to tick CAT A Non salaried in the appendix 2, it just shows salaried)

2: what are the requirements for the employment letter with regards to his employment (does it just need to state he works 40 hours per week on 8.05 per hour?) Or does the word non salaried need to be written on it too with the gross annual income?

Thank you in advance

[seagul]

Hi all

My nephew will be applying for his spouse’s visa from the UK pretty soon.

He is currently working on an hourly basis which is fixed at 8.05 per hour and works 40 hours per week. He gets paid MONTHLY for this and has done for over 6 months.

He will be using savings to cover the deficit which I’ve calculated to be £20600.

I would really appreciate if someone could answer the following questions:

1: I understand that this is classed as non salaried employment - will this still be CAT A ? (Can’t find anywhere to tick CAT A Non salaried in the appendix 2, it just shows salaried)

2: what are the requirements for the employment letter with regards to his employment (does it just need to state he works 40 hours per week on 8.05 per hour?) Or does the word non salaried need to be written on it too with the gross annual income?

Thank you in advance

1. If he has been earning fixed wages then he is on salaried person route category A. And based on his circumstances:

Job: 8.05 × 40= 322×52= 16744 per year
Saving: 20600-16000=4600%2.5 = 1840

16744+1840= 18584.

He still can't hit 18600 target which can be possible with more saving or overtime.

2. Preferably employer should calculate and write the gross wages of last 6 months.

[tagb2000]

Thank you for the quick reply.

My apologies for the misunderstanding- he is on a fixed 8.05ph and 40 hrs per week. However he does get OT and is paid monthly - some months it’s a 5 week month so gets a more money that month?

Will thy be non salaried if so when ticking CAT A where is the non salaried option on appendix 2?

[seagul]

Thank you for the quick reply.

My apologies for the misunderstanding- he is on a fixed 8.05ph and 40 hrs per week. However he does get OT and is paid monthly - some months it’s a 5 week month so gets a more money that month?

Will thy be non salaried if so when ticking CAT A where is the non salaried option on appendix 2?

I think as per other user experience there is no distinctive section for non-salaried person under Category A and so that is why even a non-salaried income should be calculated by taking its average of the last 6 months then write it there.
In your case if he is on fixed wages and also doing overtime then his wages should be calculated by two ways. His fixed wages will fall under salaried person whereas his overtime will be calculated under non-salaried person route where the average of last 6 months will be taken. Then both figures (fixed wages + overtime - calculated through non salaried person route) will be added together.

[tagb2000]

Thank you again - so just to clarify the fact that he is on an hourly rate and works 40hrs per week minimum he is classed as salaried person? I’ve been reading the this and getting confused as it says anyone being paid by the hour is non salaried.

Sorry again and really appreacite your the time you have taken out this evening to reply to me.


5. Salaried and non-salaried employment

5.1. Category A: With current employer for 6 months or more – person residing in the UK

5.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. In doing so 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.


5.1.2. Gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer for 6 months or more at the date of application.

5.1.3. Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary) or paid an amount which varies according to the work undertaken. Salaried employment includes that paid at a minimum fixed rate (usually annual) which is usually subject to a contractual minimum number of hours to be worked.

5.1.4. The only difference in Category A between salaried and non-salaried employment is how gross annual salary or employment income is calculated:
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. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period.
Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application will be 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 (where that employment was held throughout that period).

To calculate this annualised average for non-salaried employment in Category A the following calculation should be used:

(Total gross income from employment held throughout the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.