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Albanian spouse visa

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tinak19
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Spouse visa - income help!

Post by tinak19 » Wed Feb 05, 2020 9:22 am

I am currently contracted to £8.48 an hour on 37.5 hours a week....making my basic salary around £16,500. Obviously this is not enough to meet the income requirement. However, over the past 12 months I have made £19,500 in this employment due to working overtime and receiving extra pay for working on Christmas Day and bank holidays. My average of 6 months reflects this and so do 12 months worth of payslips.

Am I salaried or non salaried? Also which category should I apply under? A or B?

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seagul
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Re: Spouse visa - income help!

Post by seagul » Wed Feb 05, 2020 9:43 pm

tinak19 wrote:
Wed Feb 05, 2020 9:22 am
I am currently contracted to £8.48 an hour on 37.5 hours a week....making my basic salary around £16,500. Obviously this is not enough to meet the income requirement. However, over the past 12 months I have made £19,500 in this employment due to working overtime and receiving extra pay for working on Christmas Day and bank holidays. My average of 6 months reflects this and so do 12 months worth of payslips.

Am I salaried or non salaried? Also which category should I apply under? A or B?
Don't apply under category B because your salaried income on the date of application will be £16500 which won't meet the criteria. If you have earned at least £9300 during the last 6 months where your income never fallen than £1550 during any month then may fit for category A.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

tinak19
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Re: Spouse visa - income help!

Post by tinak19 » Wed Feb 05, 2020 10:08 pm

I have made less than that amount on some months due to unpaid sick leave, however I have made 19,500 over the past 12 months. What would be the best option?

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seagul
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Re: Spouse visa - income help!

Post by seagul » Wed Feb 05, 2020 10:49 pm

tinak19 wrote:
Wed Feb 05, 2020 10:08 pm
I have made less than that amount on some months due to unpaid sick leave, however I have made 19,500 over the past 12 months. What would be the best option?
What was the lowest wage figure during the last 6 months? How much overtime you earned during the last 6 months? Was that unpaid leave approved by employer and can they get it confirmed in employer letter?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

tinak19
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Re: Spouse visa - income help!

Post by tinak19 » Wed Feb 05, 2020 11:04 pm

£1,460.68 was my lowest pay over the past 6 months. I have made £2,553.54 in overtime over the past 6 months. The only thing my employers are willing to state in a letter is my start date, employment type and basic salary (based on 37.5hrs at 8.48p/h). I have asked to get more info on the letter but they are tied by their own policies and won’t give out any more information.

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Re: Spouse visa - income help!

Post by seagul » Wed Feb 05, 2020 11:18 pm

tinak19 wrote:
Wed Feb 05, 2020 11:04 pm
£1,460.68 was my lowest pay over the past 6 months. I have made £2,553.54 in overtime over the past 6 months.
£1460.68×12= 17528.16
£2553.54/6×12= 5107.08

22635.24


You meet the requirement very easily based on above figures.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

tinak19
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Re: Spouse visa - income help!

Post by tinak19 » Wed Feb 05, 2020 11:20 pm

That “overtime” figure is made up of overtime plus paid holidays plus extra paid days of work (eg Christmas Day and Christmas Eve). Does that make a difference or is it still going to be taken into consideration?

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seagul
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Re: Spouse visa - income help!

Post by seagul » Wed Feb 05, 2020 11:38 pm

tinak19 wrote:
Wed Feb 05, 2020 11:20 pm
That “overtime” figure is made up of overtime plus paid holidays plus extra paid days of work (eg Christmas Day and Christmas Eve). Does that make a difference or is it still going to be taken into consideration?
Usually annual leave/any paid contractual leave is treated same as normal wages. All income above than base salary is usually the result of overtime/bonuses which is calculated through none-salaried person approach same as calculated above.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

tinak19
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28 day rule clarity spouse visa

Post by tinak19 » Mon Feb 10, 2020 9:06 pm

Hello,

I am planning to submit my application during this month of February. I have got all my supporting documents for the financial requirements ready and letters and payslips from my employer are dated 3rd Feb.

Am I correct in thinking that I am within the 28 day window or do I have to have my evidence dated 28 days AFTER I submit my application?

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CR001
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Re: 28 day rule clarity spouse visa

Post by CR001 » Mon Feb 10, 2020 9:13 pm

tinak19 wrote:
Mon Feb 10, 2020 9:06 pm
Hello,

I am planning to submit my application during this month of February. I have got all my supporting documents for the financial requirements ready and letters and payslips from my employer are dated 3rd Feb.

Am I correct in thinking that I am within the 28 day window or do I have to have my evidence dated 28 days AFTER I submit my application?
1. Topics merged.

2. Your supporting document must be dated on or before the date of online submission and payment.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

tinak19
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Cat A or B

Post by tinak19 » Wed Feb 12, 2020 7:29 pm

Hello,

Can I get some help as I keep getting told different things. I am on a 37.5 hr contract and get paid £8.48 per hour. I pick up a lot of overtime and over the past 12 months I have made over £19,500.

These are my monthly earnings over the past 6 months
August - £1,460.68
September- £1,623.92
October- £1,507.32
November- £1,473.40
December- £1,539.12
January- £2,369.10

Which category do I fall under for the financial requirement?

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CR001
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Re: Cat A or B

Post by CR001 » Wed Feb 12, 2020 7:36 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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seagul
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Re: Cat A or B

Post by seagul » Wed Feb 12, 2020 11:03 pm

tinak19 wrote:
Wed Feb 12, 2020 7:29 pm
Hello,

Can I get some help as I keep getting told different things. I am on a 37.5 hr contract and get paid £8.48 per hour. I pick up a lot of overtime and over the past 12 months I have made over £19,500.

These are my monthly earnings over the past 6 months
August - £1,460.68
September- £1,623.92
October- £1,507.32
November- £1,473.40
December- £1,539.12
January- £2,369.10

Which category do I fall under for the financial requirement?
Category A. Contractual income will be calculated under salaried person approach whereas overtime will be calculated under none-salaried person approach.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

tinak19
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Albanian spouse visa

Post by tinak19 » Wed Feb 26, 2020 11:11 am

Hello,

I am a British citizen by naturalisation (2007). I am married to an Albanian citizen who entered the uk illegally and was detained a year later. He then put in an asylum claim stating why he couldn’t return to Albania (his reasons are genuine but he was not aware of how to put in an asylum application prior to being detained and could not afford a solicitor).

We got married in November after being granted permission by home office. We want to legalise his stay as I will be starting my masters in January 2021 and we would like for him to start working and supporting me financially so I can continue my studies.

We applied for FLR on the off chance that the HO would use discretion but we were refused with a right of appeal. we met all the criteria except for the immigration history.

We have been advised by other people that an appeal would still be unsuccessful as he entered the UK illegally. My husbands last option is to return to Albania and stay in a remote part so he does not get found out by his family as they are after him.

If he returns to Albania can I put in the application from the UK to bring him back as a spouse? What are our chances of this succeeding? Also can I submit all documents form the UK or will I need to send them with him to Albania? Finally I do not have a birth certificate but I have a British passport and naturalisation certificate, would this be a problem?

Any advice would be much appreciated

Rosie20
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Re: Albanian spouse visa

Post by Rosie20 » Wed Feb 26, 2020 2:45 pm

Heyyy,

If he returns to Albania yes you can submit a spouse visa application.

You have a very high chance of this succeeding as long as you as the sponsor meet all the requirements. You will most likely benefit from a good solicitor due to the failed asylum history. As long as you are honest in the application regarding why he has returned and can prove your relationship, there are no grounds for refusal.

You submit all the documents from the U.K. and you do not need a birth certificate.

My husband voluntarily left recently and returned very easily on a spouse visa.

tinak19
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Re: Albanian spouse visa

Post by tinak19 » Tue Mar 03, 2020 4:14 pm

Rosie20 wrote:
Wed Feb 26, 2020 2:45 pm
Heyyy,

If he returns to Albania yes you can submit a spouse visa application.

You have a very high chance of this succeeding as long as you as the sponsor meet all the requirements. You will most likely benefit from a good solicitor due to the failed asylum history. As long as you are honest in the application regarding why he has returned and can prove your relationship, there are no grounds for refusal.

You submit all the documents from the U.K. and you do not need a birth certificate.

My husband voluntarily left recently and returned very easily on a spouse visa.
Hey Rosie,

What was your husbands history? Did he face any issues with his application to return to the UK after voluntarily leaving?

Rosie20
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Re: Albanian spouse visa

Post by Rosie20 » Tue May 12, 2020 9:31 pm

tinak19 wrote:
Tue Mar 03, 2020 4:14 pm
[quote=Rosie20 post_id=<a href="tel:1883194">1883194</a> time=<a href="tel:1582728301">1582728301</a> user_id=232266]
Heyyy,

If he returns to Albania yes you can submit a spouse visa application.

You have a very high chance of this succeeding as long as you as the sponsor meet all the requirements. You will most likely benefit from a good solicitor due to the failed asylum history. As long as you are honest in the application regarding why he has returned and can prove your relationship, there are no grounds for refusal.

You submit all the documents from the U.K. and you do not need a birth certificate.

My husband voluntarily left recently and returned very easily on a spouse visa.
Hey Rosie,

What was your husbands history? Did he face any issues with his application to return to the UK after voluntarily leaving?
[/quote]

He entered U.K. illegally. He had no criminal history. Unknown to home office. Leaving voluntarily shows honesty and that the relationship is genuine. It does not reflect bad in the application. At the airport a border force was at the gate when boarding but we all laughed about the situation. He asked how much money my husband was carrying in cash and even told us congratulations.

Just make sure your husband has £20 cash on him when he reaches Albanian border 😂that’s all I can say

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