Employer letter, acceptable?

[spopple]

HI all, I thought I posted this question here but alas I did not so ill just copy it over.

I came back to the UK from Indonesia 6 months ago and started to work within a month. My issue is when can my wife technically apply for the visa, my current period of employment started on the 3rd of June but I will have 6 months of payslips come the end of November (theres no specific date mentioned on the payslips, just month to month period) and I originally planned to apply at the start of December...once the 3rd was passed so I had been employed for "6 months". I will technically have 6 months of payslips come the end of November/start of December but I guess that period does fall short by 3 days but its still 6 months of full payslips. If I do have to wait a month and apply with July/August/Sep/Oct/Nov/Dec payslip.....I like many others get paid early in December so that causes another potential issue in regards to a "full" payslip?

Thanks for any help

[seagul]

HI all, I thought I posted this question here but alas I did not so ill just copy it over.

I came back to the UK from Indonesia 6 months ago and started to work within a month. My issue is when can my wife technically apply for the visa, my current period of employment started on the 3rd of June but I will have 6 months of payslips come the end of November (theres no specific date mentioned on the payslips, just month to month period) and I originally planned to apply at the start of December...once the 3rd was passed so I had been employed for "6 months". I will technically have 6 months of payslips come the end of November/start of December but I guess that period does fall short by 3 days but its still 6 months of full payslips. If I do have to wait a month and apply with July/August/Sep/Oct/Nov/Dec payslip.....I like many others get paid early in December so that causes another potential issue in regards to a "full" payslip?

Thanks for any help

That usually happens when your joining date is quite different than the payday. You will complete your 6 months on 3rd December but you will get your 6th month payslip at the end of November which won't actually cover the last 6 months of duration despite you have completed your 6 months of employment and since your employer cannot change a fixed payday therefore better to wait another month.

[spopple]

HI, I asked before but only got one response so I thought I would reword what I asked in a better way, plus I have got conflicting information since then from several sources on a few forums so I really dont know! Im British, wifes Indonesian, plan on doing family/spouse visa.

Came back to the UK and started my job the 3rd of June, I have just received my 6th payslip, total over the 6 months is a bit over £11k so plenty past the minimum requirement but obviously the payslip does not cover the 3 days going into December which "technically" make it 6 months but they are technically 6 full payslips and exceed the minimum requirement. Whats my best option here, shall I wait til I get my December payslip....which gets paid early due to christmas and in my head makes no difference as its not really a full payslip either in that sense or would I be ok to apply from the 3rd of December with an employee letter stating I have been employed for 6 months?

Many thanks !

[CR001]

Topics Merged (click to read forum rule on multiple topics)

[geoeng]

HI, I asked before but only got one response so I thought I would reword what I asked in a better way, plus I have got conflicting information since then from several sources on a few forums so I really dont know! Im British, wifes Indonesian, plan on doing family/spouse visa.

Came back to the UK and started my job the 3rd of June, I have just received my 6th payslip, total over the 6 months is a bit over £11k so plenty past the minimum requirement but obviously the payslip does not cover the 3 days going into December which "technically" make it 6 months but they are technically 6 full payslips and exceed the minimum requirement. Whats my best option here, shall I wait til I get my December payslip....which gets paid early due to christmas and in my head makes no difference as its not really a full payslip either in that sense or would I be ok to apply from the 3rd of December with an employee letter stating I have been employed for 6 months?

Many thanks !

Focus on what is written in the immigration rules and guidance documents; you need to be confident that what you submit with your application meets the requirements and if you are not confident, the best advice may be waiting until you are.

Per Appendix FM-SE for Category A, sponsors need to have been "been employed by their current employer for at least 6 months and [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" and must provide "payslips covering a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months". If you have been employed for at least 6 months and can provide payslips covering a period of 6 months of employment prior to the date of application, then the requirements are met. The issue in your case is that you will be trying to rely upon a period of employment (however short it may be) for which you have not yet been paid and would therefore be missing the specified evidence for that period. If you're worried that you may not meet the requirements, wait until you're comfortable that you do. That said, for salaried employment under Category A your income will be calculated based on the lowest monthly salary submitted so make sure any payslips you would receive with an amount less than the normal monthly salary would still meet the requirement.

https://assets.publishing.service.gov.u ... -ext_1.pdf

[seagul]

HI, I asked before but only got one response so I thought I would reword what I asked in a better way, plus I have got conflicting information since then from several sources on a few forums so I really dont know! Im British, wifes Indonesian, plan on doing family/spouse visa.

Came back to the UK and started my job the 3rd of June, I have just received my 6th payslip, total over the 6 months is a bit over £11k so plenty past the minimum requirement but obviously the payslip does not cover the 3 days going into December which "technically" make it 6 months but they are technically 6 full payslips and exceed the minimum requirement. Whats my best option here, shall I wait til I get my December payslip....which gets paid early due to christmas and in my head makes no difference as its not really a full payslip either in that sense or would I be ok to apply from the 3rd of December with an employee letter stating I have been employed for 6 months?

Many thanks !

Previous answer is same despite you have reworded your query. But still you can play a safe game by not letting your November's payslip and bank statement be older than 28 days while you get the employer letter on 3rd of December. Then even on same day you can submit the application.

[spopple]

HI, I asked before but only got one response so I thought I would reword what I asked in a better way, plus I have got conflicting information since then from several sources on a few forums so I really dont know! Im British, wifes Indonesian, plan on doing family/spouse visa.

Came back to the UK and started my job the 3rd of June, I have just received my 6th payslip, total over the 6 months is a bit over £11k so plenty past the minimum requirement but obviously the payslip does not cover the 3 days going into December which "technically" make it 6 months but they are technically 6 full payslips and exceed the minimum requirement. Whats my best option here, shall I wait til I get my December payslip....which gets paid early due to christmas and in my head makes no difference as its not really a full payslip either in that sense or would I be ok to apply from the 3rd of December with an employee letter stating I have been employed for 6 months?

Many thanks !

Focus on what is written in the immigration rules and guidance documents; you need to be confident that what you submit with your application meets the requirements and if you are not confident, the best advice may be waiting until you are.

Per Appendix FM-SE for Category A, sponsors need to have been "been employed by their current employer for at least 6 months and [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" and must provide "payslips covering a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months". If you have been employed for at least 6 months and can provide payslips covering a period of 6 months of employment prior to the date of application, then the requirements are met. The issue in your case is that you will be trying to rely upon a period of employment (however short it may be) for which you have not yet been paid and would therefore be missing the specified evidence for that period. If you're worried that you may not meet the requirements, wait until you're comfortable that you do. That said, for salaried employment under Category A your income will be calculated based on the lowest monthly salary submitted so make sure any payslips you would receive with an amount less than the normal monthly salary would still meet the requirement.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Thanks for the reply, appreciated, I will be applying under cat a variable. I think im mostly comfortable applying as by the time I apply I have been in employment for 6 months and have 6 months of payslips which exceed the requirements but there doesent seem to be any concrete guidelines in regards to the "6 months of payslips". As the guidelines say, "paid in the period of 6 months prior to application", as by the time I apply those payslips do cover the 6 months of payslips that I would have received if I had started at the end of May or the start of June but what if I applied with the December payslip, which comes a week early. That would also "technically" not be covering the period of 6 months prior as its paid on about the 20th...do you think this could also lead to confusion with the caseworkers?

I think im worrying myself to much, im not 100% sure either way and the resources available are often vague at times but I want to be fairly confident when I apply that its the correct time to do so. The more I think about it the more it seems to be an awkward one to answer, surely by the time anyone applies then technically the payslips they have are NOT covering the 6 months to the date of application unless they applied on the exact date they were issued the payslip? I think im driving myself mad lol.

[AmazonianX]

There is no logic to the HO process and they are bound by their rules. Problem starts when you as applicant are going by "technicalities" and not actual straightforward and clear things.

[spopple]

HI, I asked before but only got one response so I thought I would reword what I asked in a better way, plus I have got conflicting information since then from several sources on a few forums so I really dont know! Im British, wifes Indonesian, plan on doing family/spouse visa.

Came back to the UK and started my job the 3rd of June, I have just received my 6th payslip, total over the 6 months is a bit over £11k so plenty past the minimum requirement but obviously the payslip does not cover the 3 days going into December which "technically" make it 6 months but they are technically 6 full payslips and exceed the minimum requirement. Whats my best option here, shall I wait til I get my December payslip....which gets paid early due to christmas and in my head makes no difference as its not really a full payslip either in that sense or would I be ok to apply from the 3rd of December with an employee letter stating I have been employed for 6 months?

Many thanks !

Previous answer is same despite you have reworded your query. But still you can play a safe game by not letting your November's payslip and bank statement be older than 28 days while you get the employer letter on 3rd of December. Then even on same day you can submit the application.

Cheers, sorry about that, I had other replies on different forums and some PM's which confused me as I had a few different answers being given to me and its not a decision to take lightly. I have my November payslip now and I planned on getting the bank statements sorted out the same day as my employee letter (3rd onwards) and applying the same or the following day, do you think its worth the risk? thanks

[seagul]

I have my November payslip now and I planned on getting the bank statements sorted out the same day as my employee letter (3rd onwards) and applying the same or the following day, do you think its worth the risk? thanks

by not letting your November's payslip be older than 28 days

it will work if above adopted

[spopple]

Ok thanks for the reply, I think ill wait til I get the December payslip as it doesent seem worth the risk of losing that money and most importantly the time of waiting to apply again if it is refused based on 2 days!

[seagul]

, I think ill wait til I get the December payslip

Sensible idea

[spopple]

Hi guys dont want to make a new post so thought id ask here in reference to my employee letter. I am contracted to 130h per month and do overtime, ive been employed for 6 and a half months now and just got my 7th payslip finally so I will go ahead in the coming days. My question is what do I state my gross salary was, as my pay is variable do I just do what the HO will do...i.e take the previous 6 months and multiply by two ? ive earned £12,000 the last 6 months but my "contractual" hours would only have me on about £9,000.

Many thanks!

[geoeng]

Hi guys dont want to make a new post so thought id ask here in reference to my employee letter. I am contracted to 130h per month and do overtime, ive been employed for 6 and a half months now and just got my 7th payslip finally so I will go ahead in the coming days. My question is what do I state my gross salary was, as my pay is variable do I just do what the HO will do...i.e take the previous 6 months and multiply by two ? ive earned £12,000 the last 6 months but my "contractual" hours would only have me on about £9,000.

Many thanks!

The equation for calculating the amount HO will use is on pages 20-21 of the guidance document previously linked. I would take the amount for your contractual hours and add to that the annualised average for any overtime (using the same formula as for variable income as described in Section 5.5.7 of the guidance document. I think this should work out the same as treating it all as variable income. As you noted, essentially you are taking the amount for the 6 months prior to the application date and multiplying it by 2 (formula says to divide by 6 and then multiply by 12, but multiplying it all by 2 is the exact same).

[spopple]

Hi, applying cat a variable but not sure if my salary is worded correctly with my employer letter. The past 6 months I've earned £12,000, most months I earn between 2-2.2k apart from one month when I earned £1400 due to illness but it's variable cat a so not an issue. I was told to keep it short and to not confuse them, plus a colleagues recently had success with his and the letter was even shorter.

"To whom it may concern,

This letter is to confirm that xxxxxx has been employed by xxxxx since the 03/06/2019 as a xxxxxxx on a permanent basis. Xxxxxx works variable hours and is contracted to work 130 hours per month at a rate of £11.78 per hour with overtime being available.

Xxxxxxx gross annual salary is £18,376.80 with overtime being available which is paid at £11.78 per hour.

Should you require any further information please do not hesitate to contact me."

Is this ok? I understand how the HO calculate my earnings but I believe it can't be worded that way in the employer letter, I'm led to believe it can only state your contracted hours and the availability of overtime? I don't want them to see the lesser base salary and automatically refuse me despite me earning about 5k over per year.

Many thanks!

[seagul]

Hi, applying cat a variable but not sure if my salary is worded correctly with my employer letter.

Only your overtime which obviously should be variable fall under none-salaried where the annualized average will be taken. But your contractual hours of 130 per month giving you £18,376.80 per annum will come under as salaried person where the lowest wage figure during the last 6 months which is £1400 will be taken. £1400 will be multiplied with 12 and then you can add the annualized average figure of your overtime.

[spopple]

Hi seagul thanks for the reply, I'm still a bit confused. Can you help me understand how to word it correctly?

I've earned in the last 6 months, 1933+2144+2067+1391+1800+2250. My basic contract is 130 hours per month but how should I have this worded in the employee letter when talking about gross?

Thanks for any replies, I'm working 12 hour shifts and this is confusing me more than it should lol.

[seagul]

Hi seagul thanks for the reply, I'm still a bit confused. Can you help me understand how to word it correctly?

I've earned in the last 6 months, 1933+2144+2067+1391+1800+2250. My basic contract is 130 hours per month but how should I have this worded in the employee letter when talking about gross?

Thanks for any replies, I'm working 12 hour shifts and this is confusing me more than it should lol.

The wording of employer letter in your previous post is fine but in addition of your hourly rate it must state the amount of overtime that you have worked.