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Tier 2 Visa got curtailed and expired. Can my husband apply for spouse visa?

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kiron1212
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Posts: 46
Joined: Mon Nov 04, 2019 11:31 am
United Kingdom

Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

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seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sun Dec 15, 2019 10:36 pm

kiron1212 wrote:
Sun Dec 15, 2019 9:43 pm
Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]
Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote you taken from appendix fm seems to belong to some other category.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

kiron1212
Newbie
Posts: 46
Joined: Mon Nov 04, 2019 11:31 am
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 15, 2019 10:49 pm

seagul wrote:
Sun Dec 15, 2019 10:36 pm
kiron1212 wrote:
Sun Dec 15, 2019 9:43 pm
Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]
Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.
Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sun Dec 15, 2019 11:01 pm

kiron1212 wrote:
Sun Dec 15, 2019 10:49 pm
seagul wrote:
Sun Dec 15, 2019 10:36 pm
kiron1212 wrote:
Sun Dec 15, 2019 9:43 pm
Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]
Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.
Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.
That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

kiron1212
Newbie
Posts: 46
Joined: Mon Nov 04, 2019 11:31 am
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 15, 2019 11:34 pm

seagul wrote:
Sun Dec 15, 2019 11:01 pm
kiron1212 wrote:
Sun Dec 15, 2019 10:49 pm
seagul wrote:
Sun Dec 15, 2019 10:36 pm
kiron1212 wrote:
Sun Dec 15, 2019 9:43 pm
Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]
Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.
Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.
That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.
Thank you for a promt reply. I am confused how are you sure that it applies to salaried person. I have bolded the bit where I found it to suit non salaried person for you to see. Please let me know if you still think it applies to only salaried persons.

kiron1212
Newbie
Posts: 46
Joined: Mon Nov 04, 2019 11:31 am
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 15, 2019 11:47 pm

@seagul someone told me my calculation for the job 2 is way off. Can you kindly confirm that my calculation is ok? What formula home office uses in case sponsor has worked less than one month in a current job with variable non-salaried income (weekly payslip)?

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sun Dec 15, 2019 11:59 pm

kiron1212 wrote:
Sun Dec 15, 2019 11:47 pm
What formula home office uses in case sponsor has worked less than one month in a current job with variable non-salaried income (weekly payslip)?
To calculate this annualised average for non-salaried employment in Category B the
following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of months
and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is
weekly, or by the number of days and multiplied by 365 where payment is daily) =
Income from non-salaried employment that can be counted towards the financial
requirement
.
Read page 25
https://assets.publishing.service.gov.u ... -ext_1.pdf.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

kiron1212
Newbie
Posts: 46
Joined: Mon Nov 04, 2019 11:31 am
United Kingdom

Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Mon Dec 16, 2019 6:46 am

seagul wrote:
Sun Dec 15, 2019 11:59 pm
kiron1212 wrote:
Sun Dec 15, 2019 11:47 pm
What formula home office uses in case sponsor has worked less than one month in a current job with variable non-salaried income (weekly payslip)?
To calculate this annualised average for non-salaried employment in Category B the
following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of months
and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is
weekly, or by the number of days and multiplied by 365 where payment is daily) =
Income from non-salaried employment that can be counted towards the financial
requirement
.
Read page 25
https://assets.publishing.service.gov.u ... -ext_1.pdf.
Thank you very much. The fact that I am working two current jobs is not a problem right? I could not find any information regarding this.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Mon Dec 16, 2019 8:13 am

@seagul
It seems I have also need to full fill paragraph 15. What does this paragraph means?

Paragraph 15:

15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:

(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and
(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:
(i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by the person or their partner in the 12 months prior to the date of application;
(iii) The gross amount received from a UK or foreign State pension or a private pension by the person or their partner in the 12 months prior to the date of application; and
(iv)The person cannot combine the gross annual income at paragraph 15(b)(i)-(iii) with specified savings in order to meet the level of income required.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Mon Dec 16, 2019 8:26 am

@seagul

Oh sorry, 15(b)(i) is talking whether we have made 18600 in past 12 months or not, which we did. Only ambiguity is with the use of "The person". In Appendix FM it was evident that Both sponsor and Applicant can contribute to this not just one person.

So my only question right now is, as I am working in two current jobs (one old and one new) is this ok? i could not find any information about this anywhere.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Fri Dec 20, 2019 3:38 pm

seagul wrote:
Sun Dec 15, 2019 11:01 pm
kiron1212 wrote:
Sun Dec 15, 2019 10:49 pm
seagul wrote:
Sun Dec 15, 2019 10:36 pm
kiron1212 wrote:
Sun Dec 15, 2019 9:43 pm
Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong. :)

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).


Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]
Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.
Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.
That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.

Final question: Can you please confirm that I can use two current jobs for CAT B Part 1 to calculate current annual gross salary? I will be very grateful to you if you could kindly look into it. Thank you very much for your help so far.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Fri Dec 20, 2019 10:00 pm

kiron1212 wrote:
Fri Dec 20, 2019 3:38 pm
seagul wrote:
Sun Dec 15, 2019 11:01 pm
kiron1212 wrote:
Sun Dec 15, 2019 10:49 pm
seagul wrote:
Sun Dec 15, 2019 10:36 pm


Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.
Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.
That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.

Final question: Can you please confirm that I can use two current jobs for CAT B Part 1 to calculate current annual gross salary? I will be very grateful to you if you could kindly look into it. Thank you very much for your help so far.
Yes. If the aggregation income from all jobs (not just individual) during the last six months is at least £9300.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 11:08 am

seagul wrote:
Fri Dec 20, 2019 10:00 pm
Yes. If the aggregation income from all jobs (not just individual) during the last six months is at least £9300.
Total from the last six months? In my case, I am relying on a job that I have started 13 months ago and a job I have started 2 weeks ago. If I add the total income from the last 6 months from job 1 and add it to job 2 I get much less than 9300. (around 5,000). (My husband was in a full-time job in the UK from January 2019 till June 2019, so adding his income along with mine into the calculation we meet Part 2.)

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24
If I calculate as above, is that acceptable? I know you have confirmed before that it seems ok, but the six months bit kind of confused me. Sorry about that.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sat Dec 21, 2019 11:37 am

You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 11:46 am

I think I am confusing myself as well as the group members who are very kind and trying to help me. (not to mention future visitors of the webpage). Let me write full facts about my minimum income situation

Part 1 calculation:

Sponsor Job 1:
Issue date - Amount Gross
-------------------------------------
09/11/2018 - 200.96
23/11/2018 - 398.52
07/12/2018 - 357.83
21/12/2018 - 388.6
04/01/2019 - 355.33
18/01/2019 - 344.75
01/02/2019 - 366.13
15/02/2019 - 378.91
01/03/2019 - 386.58
15/03/2019 - 387.21
29/03/2019 - 187.92
07/04/2019 - 391.29
21/04/2019 - 383
05/05/2019 - 371.67
19/05/2019 - 484.64
02/06/2019 - 407.38
16/06/2019 - 406.97
30/06/2019 - 398.76
14/07/2019 - 452.62
28/07/2019 - 463.21
11/08/2019 - 386.53
25/08/2019 - 343.18
08/09/2019 - 342.36
22/09/2019 - 328.4
06/10/2019 - 439.24
20/10/2019 - 230.13
03/11/2019 - 232.75
17/11/2019 - 320.27
01/12/2019 - 245.64
15/12/2019 - 255.17
Total income = 10635.95 GBP
Gross yearly income from job 1 = (10635.95/30) * 26 = 9217.82333333

Sponsor Job 2:
Issue date - Gross Amount
----------------------------------------
20/12/2019 - 172.41
27/12/2019 - 258.615

Total income = 431.025
Gross yearly income from job 2 = (431.025/2) * 52 = 11206.65

Total Current Annual Gross Salary = 9217.82333333 + 11206.65 = 20424.47 (part 1 passed)

Part 2 Calculation
12 months prior to the application period January 2019 - December 2019

Applicant(my husband who is unemployed right now) Salaried Job income: (440 per week, Weekly payment)
From January till the first week of June he has earnt total 10,120

My total income from January 2019 - December 2019 = 9,716 (approximate)
So our total income in 12 months prior to the application date is 10,120 + 9,716 = 19,836 (part 2 passed)


@seagul I am really sorry to confuse you so many times. But this is the whole picture, based on this could you see us meeting the minimum income threshold?

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 12:00 pm

seagul wrote:
Sat Dec 21, 2019 11:37 am
You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.
Could you please calculate the Part 1 for me based on my job history given above, I am losing my mind over this. :( , what is my current annual gross salary considering two current jobs?

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 12:39 pm

seagul wrote:
Sat Dec 21, 2019 11:37 am
You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.
Formula: Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

Job 1 last 6 months:
407.38
406.97
398.76
452.62
463.21
386.53
343.18
342.36
328.4
439.24
230.13
232.75
320.27
245.64
255.17

Total : 5252.61

Job 2 last 6 months:
Total : 431

job 1 + job 2 = 5252.61 + 431 = 5683.61

(5683/6 * 12) = 11366

So according to your formula, my current gross annual salary is only 11366?
But that does not sound's right. That sounds right for CAT A. Are you sure this is how the gross annual salary is calculated for CAT B? :( In this case I will have to find a new job that pays atleast 18,600. Please confirm.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 2:29 pm

seagul wrote:
Sat Dec 21, 2019 11:37 am
You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.
If you have some free time please reply to my question, your comment has made me very anxious :(. So, at this moment I am not meeting the minimum income requirement part 1 based on your finding?
seagul wrote:
Sat Dec 21, 2019 11:37 am
Total income from all jobs during the last 6 months or 26 weeks/6 months × 12


Sorry to ask but where did you find the above formula in the context of CAT B PART 1?

I thought the following quote applies to CAT B Part 1? So, no mention of 6 months period. The calculation is done based on the duration of the job. And no minimum duration.
(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
Aren't home office just trying to find if the sponsor has the ability to make 18600 a year on going from the date of application? If that is the case then why would not they accept two individual jobs with each having annual gross salary below the minimum threshold but when added together they reach the threshold?
To calculate this annualised average for non-salaried employment in Category B the following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sat Dec 21, 2019 6:42 pm

kiron1212 wrote:
Sat Dec 21, 2019 12:39 pm


Formula: Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

Job 1 last 6 months:
407.38
406.97
398.76
452.62
463.21
386.53
343.18
342.36
328.4
439.24
230.13
232.75
320.27
245.64
255.17

Total : 5252.61

Job 2 last 6 months:
Total : 431

job 1 + job 2 = 5252.61 + 431 = 5683.61

(5683/6 * 12) = 11366

So according to your formula, my current gross annual salary is only 11366?
But that does not sound's right. That sounds right for CAT A. Are you sure this is how the gross annual salary is calculated for CAT B? :( In this case I will have to find a new job that pays atleast 18,600. Please confirm.
Part 1 won't be met. In your previous post you quoted the official example of photographer earning variably under category B, just refer to it to learn more.

Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sat Dec 21, 2019 7:48 pm

seagul wrote:
Sat Dec 21, 2019 6:42 pm
kiron1212 wrote:
Sat Dec 21, 2019 12:39 pm


Formula: Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

Job 1 last 6 months:
407.38
406.97
398.76
452.62
463.21
386.53
343.18
342.36
328.4
439.24
230.13
232.75
320.27
245.64
255.17

Total : 5252.61

Job 2 last 6 months:
Total : 431

job 1 + job 2 = 5252.61 + 431 = 5683.61

(5683/6 * 12) = 11366

So according to your formula, my current gross annual salary is only 11366?
But that does not sound's right. That sounds right for CAT A. Are you sure this is how the gross annual salary is calculated for CAT B? :( In this case I will have to find a new job that pays atleast 18,600. Please confirm.
Part 1 won't be met. In your previous post you quoted the official example of photographer earning variably under category B, just refer to it to learn more.

Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.
Thank you for the explanation. But the most ciritical difference between the photographer example and my case is in the fact that the photographer in the case study does not work with the same employer. His employer/agency varies from job to job. In my case I am working on two jobs - two employers in total.

5.3.4. First, 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, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it.

5.3.5. 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, or earning the amount relied upon, for less than 6 months at the date of application.
So, there is a difference.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sat Dec 21, 2019 8:15 pm

kiron1212 wrote:
Sat Dec 21, 2019 7:48 pm

Thank you for the explanation. But the most ciritical difference between the photographer example and my case is in the fact that the photographer in the case study does not work with the same employer. His employer/agency varies from job to job. In my case I am working on two jobs - two employers in total.
Doesn't matter because under category B unlike to category A you aren't necessarily be required to work for same employer from certain time rather the aggregated income (if variable means none-salaried) from all employers is counted unless you have started earning fixed wages (salaried person).
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 22, 2019 12:12 am

seagul wrote:
Sat Dec 21, 2019 8:15 pm
kiron1212 wrote:
Sat Dec 21, 2019 7:48 pm
Doesn't matter because under category B unlike to category A you aren't necessarily be required to work for same employer from certain time rather the aggregated income (if variable means none-salaried) from all employers is counted unless you have started earning fixed wages (salaried person).
It matters I think, as evident in the appendix FM SE.

Please read the quote bellow. I have compiled it for you.
Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:

(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has 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 paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:

(i) The level of gross annual salary relied upon in the application;

(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:

(i) The gross annual salary from employment as it was at the date of application;
### this is what applies to me, this covers not just salaried, but also non salaried employment as evident in 18d###

14) ignoring.

15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:

(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and

(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:

(i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;
###this applies to me, notice how this and 13(b) implies that they only applies to people with fixed salary, but they actually also cover non salaried employment as evident in 18d###

17) ignoring

18.When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

(d) Gross income from non-salaried employment will be calculated on the same basis as income from salaried employment, except as provided in paragraph 18(e) and 18(f), and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from non-salaried employment. 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, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked.
###this applies to me, specially from..
except as provided in paragraph 18(e) and 18(f).......####

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:

(aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
###my job number 2 as i have been working there since less than a month. Notice how it mentions the employment as THE EMPLOYMENT, not all non salaried employments. ###

(bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
###my job number 1,as i have been working in that job more than 1 month (13 months) and not relying on 13 a ###

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seagul
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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by seagul » Sun Dec 22, 2019 1:10 pm

Writing rapidly the post over post and inserting quotations won't change the fact & reply. Ideally start doing overtime at job 1/job2 and apply whenever you will have earned sufficiently. Otherwise if you have 6 months old savings in excess of £16000 then might cover the shortfall. Good luck
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

kiron1212
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Re: Spouse visa : Minimum income requirement Category B with two current jobs

Post by kiron1212 » Sun Dec 22, 2019 2:26 pm

seagul wrote:
Sun Dec 22, 2019 1:10 pm
Writing rapidly the post over post and inserting quotations won't change the fact & reply. Ideally start doing overtime at job 1/job2 and apply whenever you will have earned sufficiently. Otherwise if you have 6 months old savings in excess of £16000 then might cover the shortfall. Good luck
Thank you for your help. It seems my husbands past income within 12 months can not be used because he is not in current employment. The online form does not even allow his income to be added. Double bummer.

kiron1212
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Tier 2 Visa got curtailed and expired. Can my husband apply for spouse visa?

Post by kiron1212 » Mon Jun 15, 2020 5:25 pm

My husband had been looking at the letterbox for his tier 2 visa curtailment letter since he lost his job. But just found out that home office has sent the curtailment back in February via Email (Surprise!!) and his visa has now expired on the end of April. He missed the email buried under tons of junk mails. This means he has been unknowingly overstaying in the UK past 2 months. We were aiming towards first week of july to apply for FLR-M as my 6th month of employment completes at that time.

He has requested for Covid 19 extension on first week of June by submitting the official form. he has input the wrong/original visa expiry date (as he did not know that his visa has been curtailed. He has not received any reply from them. What should we do now?

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