Mr Dee Struction's variable income. 6 months or 12 months?

[Ayyubi72]

Mr Dee Struction is a working full time. He is employed by the same employer for more than 6 months . He does not get a fixed salary. His wages vary every month based on the hours he has worked and overtime etc.

In past six months Mr Dee struction has earned the following amounts

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

Total £ 9600

Now, can he submit just 6 months wage slip and bank statements for his spouse's visa because 9600 divided by 6 and multiplied by 12 is equal to 18600,

Or does he need to submit 12 months proofs.

thanks

[Amber]

Mr Dee Struction is a working full time. He is employed by the same employer for more than 6 months . He does not get a fixed salary. His wages vary every month based on the hours he has worked and overtime etc.

In past six months Mr Dee struction has earned the following amounts

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

Total £ 9600

Now, can he submit just 6 months wage slip and bank statements for his spouse's visa because 9600 divided by 6 and multiplied by 12 is equal to 18600,

Or does he need to submit 12 months proofs.

thanks

If this is salaried income, the calculation is the lowest gross wage slip in the last 6 months x 12. Which would be £1400 x 12 = £16800 assuming they're gross figures. If non-salaried income then the calculation would be as done above. The specified evidence required can be found at http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Ayyubi72]

Thanks Amber

But

What is salaried income according to rules?

[Amber]

Thanks Amber

But

What is salaried income according to rules?

I would say non-salaried income refers to income earned by an employee doing other services; for example; income from a project. I.e is not on the salary list each month and 'work may dry up'.

[Ayyubi72]

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

I think I recall that intitially under cat A if Mr Dee Structions income was as above, then they would only calculate as
1400 x 6= 8400 (sponsor fails cat A criteria).

But what I see now under the examples, they only say that if someone has been with same employer for six months or more then the formulae to be used is simply,

Add six monthly amounts
Now divide by 6, and multiply by 12.

[Amber]

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

I think I recall that intitially under cat A if Mr Dee Structions income was as above, then they would only calculate as
1400 x 6= 8400 (sponsor fails cat A criteria).

But what I see now under the examples, they only say that if someone has been with same employer for six months or more then the formulae to be used is simply,

Add six monthly amounts
Now divide by 6, and multiply by 12.

No, cat a would be either the lowest wage slip in last 6 months x 12 as for salaried income you must meet the amount you are relying on every month. For non salaried it would be 6 months gross wage divided by 6 x 12.

[Ayyubi72]

I have yes.

I am sure its 5.1.3 that is relevant to the my query.

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 le
vel of gross annual salary which equals or exceeds the level relied upon in the application.

Do you mean that above para means that lowest amount during the six months will be taken?

[Amber]

I have yes.

I am sure its 5.1.3 that is relevant to the my query.

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 le
vel of gross annual salary which equals or exceeds the level relied upon in the application.

Do you mean that above para means that lowest amount during the six months will be taken?

Yes.

[Ayyubi72]

Thanks.

Just wanted to confirm and make sure. Too many people ask about this on a regular basis.

Don't know why on earth UKBA had to do this salaried and non salaried distinction.

The way companies issue wage slips, in many cases you can't tell by looking at the wage slips if the employment is salaried or not.

[Amber]

Thanks.

Just wanted to confirm and make sure. Too many people ask about this on a regular basis.

Don't know why on earth UKBA had to do this salaried and non salaried distinction.

The way companies issue wage slips, in many cases you can't tell by looking at the wage slips if the employment is salaried or not.

The whole new financial requirement is highly unfair and disproportionate. However, until it is overturned (if) you must meet the requirement or perhaps try the EEA route.

[suraj4utd]

You can apply under Cat B even if you've been with the same employer for over 6 months and your monthly pay is variable.

You'll need last 12 months payslips to prove you've earned atleast 18,600 in the last 12 months. And you need to prove that you will continue to earn at 18,600 in the future.

[Amber]

You can apply under Cat B even if you've been with the same employer for over 6 months and your monthly pay is variable.

You'll need last 12 months payslips to prove you've earned atleast 18,600 in the last 12 months. And you need to prove that you will continue to earn at 18,600 in the future.

To do so, the annual salary woud need to meet the threshold and also reflected in the last 12 months. It depends what her/his employer states as the gross annual salary, what has mr dee earned in the last 12 months?

[Ayyubi72]

How do you prove that you will continue to earn £18600?

I live in a practical world, and know a few things about how things work in real life. Now UKBA needs a letter from employer (employment letter) and in that letter employer has to confirm the gross annual earning of the employee. Now I think whoever wrote this rules/guidance was either on drugs or only had worked in whitehall in a "salaried" job, and had no idea how things work in real world.

As per my example, and a huge number of people, and specially the "working class" people usually there is no "gross earnings" that an employer can say the employee earns. Reason being, its paid by the hours. I know people who earn £900 in one month, and £2000 in the next month.

Now how could an employer state that employee's wages are such and such amount yearly gross, because in may jobs there is no concept of yearly gross earnings/wages.

I aint arguing with anyone, just pointing to the ridiculous way in which these financial requirements are drafted.

[Amber]

How do you prove that you will continue to earn £18600?

I live in a practical world, and know a few things about how things work in real life. Now UKBA needs a letter from employer (employment letter) and in that letter employer has to confirm the gross annual earning of the employee. Now I think whoever wrote this rules/guidance was either on drugs or only had worked in whitehall in a "salaried" job, and had no idea how things work in real world.

As per my example, and a huge number of people, and specially the "working class" people usually there is no "gross earnings" that an employer can say the employee earns. Reason being, its paid by the hours. I know people who earn £900 in one month, and £2000 in the next month.

Now how could an employer state that employee's wages are such and such amount yearly gross, because in may jobs there is no concept of yearly gross earnings/wages.

I aint arguing with anyone, just pointing to the ridiculous way in which these financial requirements are drafted.

Perhaps, but what did Mr Dee earn in the last 12 months gross?

[Ayyubi72]

Well over £ 18600

[Amber]

Well over £ 18600

Then get an employment letter stating what the annual salary is, supply the 12 months wage slips and any other evidence as specified in the link above and Mr Dee should be ok.

[Ayyubi72]

Thanks very much Amber.

As far as calculating yearly income, I know that 12 months wage slips can be supplied if they total £ 18600.

Just wanted clarification whether only 6 months wage slips would suffice as per the example of earnings of Mr Dee Struction.

[Amber]

Thanks very much Amber.

As far as calculating yearly income, I know that 12 months wage slips can be supplied if they total £ 18600.

Just wanted clarification whether only 6 months wage slips would suffice as per the example of earnings of Mr Dee Struction.

No 6 months under cat a would not suffice. It could only suffice under varied income cat b as salaried.

[Ayyubi72]

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

I think I recall that intitially under cat A if Mr Dee Structions income was as above, then they would only calculate as
1400 x 6= 8400 (sponsor fails cat A criteria).

But what I see now under the examples, they only say that if someone has been with same employer for six months or more then the formulae to be used is simply,

Add six monthly amounts
Now divide by 6, and multiply by 12.

No, cat a would be either the lowest wage slip in last 6 months / 6 x 12 as for salaried income you must meet the amount you are relying on every month. For non salaried it would be 6 months gross wage divided by 6 x 12.

But above you mentioned that it would.

And in 5.1.3 it says

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.

[Amber]

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

I think I recall that intitially under cat A if Mr Dee Structions income was as above, then they would only calculate as
1400 x 6= 8400 (sponsor fails cat A criteria).

But what I see now under the examples, they only say that if someone has been with same employer for six months or more then the formulae to be used is simply,

Add six monthly amounts
Now divide by 6, and multiply by 12.

No, cat a would be either the lowest wage slip in last 6 months / 6 x 12 as for salaried income you must meet the amount you are relying on every month. For non salaried it would be 6 months gross wage divided by 6 x 12.

But above you mentioned that it would.

And in 5.1.3 it says

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.

Yes, but the income is salaried (I am assuming) so for cat a salaried income it is the lowest month's gross wage slip in the preceding 6 months multiplied by 12. If you don't meet the requirements for cat a then you need to try cat b (varied income) but will be needing the last 12 months wage slips.

[Ayyubi72]

Thanks everyone.

I must admit that first time ever in my life I am having to ask for clarifications about immigration matters.

The language and drafting used in rules/guidance is very confusing. From my above examples it appeared that Mr Dee Struction would meet the requirement under cat A.

But when reading Cat B requirements, it appears that he needs to apply under cat B.

Cat B talks about variable income, and in Cat A there is mention of "non-salaried" income. For sure "non-salaried" income is a variable income, because if it was fixed income then it would be a "salary" and fit easily into cat A.

So, after all this, I am back to square one, and still do not understand whether Mr Dee Struction could fit into cat A or not.

I think I need to print the whole thing and then do a line by line examination of rules/guidance.

[Amber]

Thanks everyone.

I must admit that first time ever in my life I am having to ask for clarifications about immigration matters.

The language and drafting used in rules/guidance is very confusing. From my above examples it appeared that Mr Dee Struction would meet the requirement under cat A.

But when reading Cat B requirements, it appears that he needs to apply under cat B.

Cat B talks about variable income, and in Cat A there is mention of "non-salaried" income. For sure "non-salaried" income is a variable income, because if it was fixed income then it would be a "salary" and fit easily into cat A.

So, after all this, I am back to square one, and still do not understand whether Mr Dee Struction could fit into cat A or not.

I think I need to print the whole thing and then do a line by line examination of rules/guidance.

Yes immigration rules are now generally complex and unfair not to mention very expensive. However, if Mr Dee is on a salaried income then he will not be able to rely on Cat A unless the lowest gross monthly wage slip in the last 6 months x 12 equates to the threshold required. Moreover, as the income is varied he could apply under Cat B providing in the last 12 months he has earned the gross threshold needed and continues to do so. Although, if he is non-salaried then he could apply under Cat A as that calculation is the last 6 months gross wage added together divided by 6 and multiplied by 12.

It appears that Mr D is on salaried income and would need to apply under Cat B with 12 months wage sips, but you would need to ask Mr Dee's employer . To minimise the risk Mr D would be best submitting the last 12 months wage slips.

[suraj4utd]

Thanks everyone.

I must admit that first time ever in my life I am having to ask for clarifications about immigration matters.

The language and drafting used in rules/guidance is very confusing. From my above examples it appeared that Mr Dee Struction would meet the requirement under cat A.

But when reading Cat B requirements, it appears that he needs to apply under cat B.

Cat B talks about variable income, and in Cat A there is mention of "non-salaried" income. For sure "non-salaried" income is a variable income, because if it was fixed income then it would be a "salary" and fit easily into cat A.

So, after all this, I am back to square one, and still do not understand whether Mr Dee Struction could fit into cat A or not.

I think I need to print the whole thing and then do a line by line examination of rules/guidance.

Does he have a base contract? If his employer can state that his hours varies every month then he would be classified as Non-salaried and you can take the average of 6 months and multiply by 12 to get the annual salary? It all depends on what his contract is.

[Ayyubi72]

What is a base contract?

To avoid confusions, I gave a real life example of Mr Dee Struction and detailed the amounts he has earned every month for past six months.

I have also mentioned that Mr Dee Struction has been with same employer for more than six months. I also mentioned that he gets paid every month based on the hours worked in each individual month.

I would be grateful if some learned members can give a definitive answer on the exact scenario that I have outlined clearly.

We could forever discuss ifs and buts, but I just want to find an accurate answer for MR Dee Struction.

Whole situation of Mr Dee Struction is there in black and white, but still no definitive answers.

[Amber]

What is a base contract?

To avoid confusions, I gave a real life example of Mr Dee Struction and detailed the amounts he has earned every month for past six months.

I have also mentioned that Mr Dee Struction has been with same employer for more than six months. I also mentioned that he gets paid every month based on the hours worked in each individual month.

I would be grateful if some learned members can give a definitive answer on the exact scenario that I have outlined clearly.

We could forever discuss ifs and buts, but I just want to find an accurate answer for MR Dee Struction.

Whole situation of Mr Dee Struction is there in black and white, but still no definitive answers.

I'm afraid it's all ifs and buts. This forum is guidance only. If you want to rely on advice I suggest you seek professional OISC regulated advice.