Souse visa earning calculation help needed for ILR holder

[faislondon]

Dear Gurus,

I am planning to apply for my wifes spouse visa. At the moment I am earning below £18600 without overtime in my employment. If I include overtime it exceeds the threshold. Also I am self employed and my accounts are made untill Feb 2013 for £6500 net profit. I am planning to apply my wifes spouse visa in July this year.

Guys please advise me if I can just show my employment earning with overtime or I will have to show self employment as well and if overtime earning is countable.

Please advise.

Many thanks.

[faislondon]

please advise

[Amber]

please advise

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Particularly pg 13 onwards

[faislondon]

Thank you for the reply. I have seen the PDF file before. The information is not very clear.

[Amber]

Thank you for the reply. I have seen the PDF file before. The information is not very clear.

5.5.14 states:

18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies: (a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that: (i) They are contractual; and (ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted. (b) Overtime, commission-based pay and bonuses will be counted as income.

Furthermore,

9.1.1 states:

Where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in self-employment, or is the director of a specified limited company in the UK, at the date of application, they can use income from the last full financial year to meet the financial requirement.

And

9.3.1 states

For those self-employed as a sole trader, as a partner or in a franchise, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year. Where the applicant is relying on their partner‟s income from self-employment overseas, the relevant financial year(s) will reflect the requirements of the taxation system of that country.

[faislondon]

Thank you for the reply. I have read in this forum that the case worker considers the payslip for the month with the minimum income before tax and multiplies by 12. If this is the case then how can I include my gross earning. This is not really straighforward. However my gross earning for the whole year from the day of application will be more than £18600. Plus I also have self employed income untill march more than £6000.

Please advise how can I sort this out. I appreciate your help.

Thank you.

[Amber]

Thank you for the reply. I have read in this forum that the case worker considers the payslip for the month with the minimum income before tax and multiplies by 12. If this is the case then how can I include my gross earning. This is not really straighforward. However my gross earning for the whole year from the day of application will be more than £18600. Plus I also have self employed income untill march more than £6000.

Please advise how can I sort this out. I appreciate your help.

Thank you.

5.1.3 states:

The only difference in Category A between salaried and non-salaried employment is how gross annual salary or employment income is calculated:

Where the person is in salaried employment – they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application. Therefore the salary relied on must be visible each month.

Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application can be no greater than the annual equivalent of the person‟s average gross monthly income from non-salaried employment in the 6 months prior to the date of application (where that employment was held throughout that period).

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

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

So as you can combine the two you should be ok providing your total is £18600 or more Gross.

[faislondon]

Dear Guru,

Thank you so much for your clarification. I just need to check if I got this right.

Sum of last 6 months payslip gross income divided by 6 and multiply by 12.
Also I am self employed. Can I show my accounts which was made from Aug 2012 untill Mar 2013. I have made profit of £6500. I am planning to apply for spouse visa in July this year. Would the above be enough?.

Thank you.

[Amber]

Dear Guru,

Thank you so much for your clarification. I just need to check if I got this right.

Sum of last 6 months payslip gross income divided by 6 and multiply by 12.
Also I am self employed. Can I show my accounts which was made from Aug 2012 untill Mar 2013. I have made profit of £6500. I am planning to apply for spouse visa in July this year. Would the above be enough?.

Thank you.

For the purpose of self-employment it is the last financial year's self-assessment tax form which is important 12/13 whatever the amount on that was plus your salaried income if that equal or exceeds the threshold you should be ok.

[faislondon]

Thank you D4109125,

By self assessment do you mean from HMRC website? . I also have accounts made by certified accountant for the last year. Showing gross income and tax payable. Do I have to include this in the application?.

Also when applying do I have to take average of last 6 months payslip and multiply by 12?.

If this is the case then I can show more than the threshold.

Many thanks.

[Amber]

Thank you D4109125,

By self assessment do you mean from HMRC website? . I also have accounts made by certified accountant for the last year. Showing gross income and tax payable. Do I have to include this in the application?.

Also when applying do I have to take average of last 6 months payslip and multiply by 12?.

If this is the case then I can show more than the threshold.

Many thanks.

Yes you do your self-assessment online. Yes the non-salaried income you take the last 6 months Gross earnings divide by 6 and multiply by 12. If salaried then the income must be what you are relying on each month.

[faislondon]

Thank you so much for your kind help.

Do I have to include my accounts from my accountant which I have made until Mar 2013?. Also my NI is paid until April.

Thank you.

[Amber]

Thank you so much for your kind help.

Do I have to include my accounts from my accountant which I have made until Mar 2013?. Also my NI is paid until April.

Thank you.

Use what you submitted to the HMRC as self-employed earnings on your self-assessment form as they have access to the HMRC database and the Statement of Account (SA300/302) and your UTR and the necessary bank statements as per 9.6.1 and proof of ongoing employment I.e. evidence of payment of class 2 NI contributions. You also need to submit the accounts if you're required to have them and the other documents as per 9.6.1. Do not forget the documentation required as per 5.6.1 for your salaried employment.

[faislondon]

Thank you so much mate. I will submit accordingly and keep you posted.

[Amber]

Thank you so much mate. I will submit accordingly and keep you posted.

So to recap, you should be expecting your min wage slip over the last 6 months to be 18600 - 6500 / 12 = £1009 Gross

[faislondon]

Dear Amber,

I need some of your kind advise on what we discussed before. I am now preparing my wifes file. I have some doubts on self empl earning and employment earning. I have my self empl accounts made until Mar 2013 with a profit of £6500. My employments salary is paid to me on every alternate fridays (Bi-Weekly). My basic pay is £640 but I have been doing overtime every month due to which my pay is always different on every payslip.
I am planning to apply by the end of next month. Could you kindly please advise me how can I calculate my income considering the inconsistency in my pay. Also I have already paid NI Class 2 util June. Do I have to pay for the next 3 months to show ongoing self empl. I have received my ILR in march this year when I made all my accounts.
I would really appreciate your kind advsie

Many thanks in advance.

[Amber]

To refresh as it's been some time, what have you been earning over the last 6 months Gross (lowest amount) and how much in the last 12 months gross (total) and what was your last months earning gross?

[faislondon]

Hello Amber,

The lowest gross employment income I have earned is £640 which is bi- weekly salary, £1280 for 4 weeks. Having said that just to let you know I have been doing overtime, so my pay is always different every 2 weeks. For the sake of calculation we can take the minimum which is £640 basic salary for 2 weeks. Please note I get paid every 2 weeks.

Please let me know if you need more details.

Thank you.

[Amber]

Hello Amber,

The lowest gross employment income I have earned is £640 which is bi- weekly salary, £1280 for 4 weeks. Having said that just to let you know I have been doing overtime, so my pay is always different every 2 weeks. For the sake of calculation we can take the minimum which is £640 basic salary for 2 weeks. Please note I get paid every 2 weeks.

Please let me know if you need more details.

Thank you.

You could possibly use varied income. What is your Gross income in the last 12 months and what was your last month's Goss wage in total?

[faislondon]

Dear Amber,

I need to check all my payslips and I will let you know by tonight. Can you please let me untill when do I have to take the payslips until. eg if I am applying in July then my last pay will come on 19 July which will be untill 14 July since salary gets deposited on the following friday?. I guess UKBA considers documents under 28 days ? .

Thank you.

[Amber]

If you apply in July the last payslip would be usually June and that'd be fine. You may need supply 6 or 12 months worth of payslips depending whether you apply under cat a or cat b.

[faislondon]

Dear Amber,

I have now calculated 51 weeks pay since I get paid bi-weekly I have to drop one of my payslip as below:-

Period 13 Aug 2012-02 Aug 2013

Total gross income from Employment - £17798.24

If a calculate from 11 March-02 Aug 2013 for 21 weeks which is ledd than six months Total gross - £7912

Income from Self Employment Period 20 Oct 2012-20 Feb 2013 - £6850

As per my last payslip which I will receive by the end of July my minimum Gross will be £640 which is my basic pay. Please note I also do overtime. The above figures I have quoted are including overtime but the one I have taken for calculation purpose for July is just basic pay which is the minimum I will get paid.

The above self employment income I have shownfor my ILR visa in March this year for which I am also having accounts made from an accountant.

I would really appreciate if you could please have a look and advise your kind help.

Many thanks.

[faislondon]

Hello Amber,

Any advise?

[Amber]

You could use varied income, relying on the last months wage slip Gross including all pay. You would need to submit 12 months worth but with that you'd only be around 1000 down. And providing the specified evidence exists you could use the self-employed income to make it up assuming there are no savings above £16k. Alternatively, you could use 6 months income but you would be looking at the lowest Gross wage slip in the last six months x 12. If that's £640 Gross you'd be in trouble but remember you can include overtime in the pay.

[faislondon]

Dear Amber,

Thank you for your kind reply. . If I use last 6 months payslip which is £640 (Excluding overtime) since I know UKBA only counts the lowest payslip and multiplies by 12 I will be definitely short. Only if I include Self employment earnigs I shall be OK. But I think it just complicates things.
If I look at your second suggestion which is 51 weeks payslip (Bi-weekly). I am just short of £801.76 which I can cover in my Self Employment income which was between Oct 2012-Feb 2013.

So I have to provide:-

Notorised Passport and visa copy of mine
Tenancy agreement
Council TAX letter or Landline bill
51 weeks payslips Period 13 Aug 2012-02 Aug 2013
Bank Statement reflecting the Net salary
Employers letter confirming the above income and lenght of employment
Bank Statement reflecting Self employment income paid in
HMRC letter confirming UTR number
Online Self Assessment
Self Employment Statement of Account
Accountants letter from my previous ILR application confirming self employment income
Paid NI Class 2 receipt untill April

Kindly please let me know if I am missing on something. Also if you could please shed some light on CAT A and CAT B which I am really confused I which category I am falling in? .
I know I have lots of questions but I really need advice from an expert like you.

Mank thanks.