Souse visa earning calculation help needed for ILR holder

[Amber]

Category B can be used where the applicant's partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application.

It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.

Under Category B, the financial requirement must be met and evidenced in two parts.

1.
The gross annual salary or income from salaried or non-salaried employment at the date of application.

2.
The actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application.

See Annex FM (click) at 5.6.1 for the specified evidence required.

The self-employment income must be either Cat F - the last full financial year or Cat G - the average over the last two financial years. I assume you will be using Cat F.

So you would need to show what you made in the tax year April 12-April 13. The specified evidence is in Annex FM (above) at 9.6.1.

However, the wording when combing Cat B and Cat F is not good and it may be that you need to show that your salaried income was at the appropriate level during the relevant financial year that you are applying under Cat F.

Other documents required can be found here (click)

[faislondon]

Hi Amber,

I CAT B if I am not wrong UKBA is asking for 6 months gross income. And I can combine that with CAT F for the full financial year for self employment. But as you advised I need to show full 23 months payslip. So I am confused which CAT do I fall in?.

Also could you please explain your quote "your salaried income was at the appropriate level during the relevant financial year that you are applying under Cat F".


Please help

Thank you

[Amber]

Hi Amber,

I CAT B if I am not wrong UKBA is asking for 6 months gross income. And I can combine that with CAT F for the full financial year for self employment. But as you advised I need to show full 23 months payslip. So I am confused which CAT do I fall in?.

Also could you please explain your quote "your salaried income was at the appropriate level during the relevant financial year that you are applying under Cat F".


Please help

Thank you

Cat B looks at the last 12 months whereas, Cat A looks at the last 6 months. You will need to use Cat B as your Cat B salaried income does not appear to meet the financial requirement you need. Although, you have not stated what the lowest Gross payslip has been in the last 6 months (total not just basic pay)?

The relevant full tax year is 12/13 so therefore it would appear that your salaried income would have to be at the required level for the tax year 12/13, suggesting you would need to supply wage slips from April 2012.

[faislondon]

Hi Amber,

Calculating 26 weeks backwards from April 02 condsidering I will apply in April. Since I get bi-weekly paid. Period will be 11 March 2013-02 Aug 2013. But I will have to drop 1 payslip coz it will go to 27 weeks then. So if I take 25 weeks gross pay it comes to £7912. Which is obviously short if I multiply by 2.
So as per your suggestion I will have to combine CAT B and CAT G?.

50 weeks Employment income + Self Employment income for May 2012-April 2013? .

[Amber]

You'll be applying in August not April isn't it?

For Cat A it isn't merely what you've earned in the last 6 months x 2. It is the lowest month's gross pay in the last 6 months x 12.

For Cat B it is what has been earned grossin the last 12 months providing the current annual pay is recorded by the employer as so.

You will then be looking at combining cat b with cat f. Cat f is looking at the last full tax years self employed income. Check your figures again.

[faislondon]

Hi Amber,

I will be applying in Aug. So in CAT B I can show 50 weeks income on salary slip which includes my overtime. My self emp income starts from OCT 12-FEB 13. I am not sure which financial year my self empl earnings falls in?.

[Amber]

The last full financial year would be April 2012-April 2013. I would include wage slips from April 2012 if you have them, I'm assuming you we're paid the same then. You also need to provide all the other specified evidence as per annex FM. I also assume you are still in self-employment even if not earning much?

[faislondon]

Dear Amber,

I am applying in Aug 2013. 50 weeks backwards will be from Sept 2012-Aug 2013. Since March this year I haven't done any self employment business. My NI CLASS 2 is paid until April 2013.

I have accountants letter detailing the transactions on my bank account & net profit. I registered my self as self employed in Oct 2012 with HMRC and was running my business untill March. I am not very clear with the term "Proof of Ongoing self Employment" which UKBA has expalined as NI CLASS 2 paid recepit. Do I have to pay for another 3 months from April 2013?.
I assume under CAT B I have to show 50 weeks wage slips and other documents specified in annex FM.

I am still unclear about CAT F for my self employment documentation. However I am aware I have TAX due which I will pay next year. But how can I show ongoing self employment?. What if I am not running business anymore can I show my profit I made until March 2013? .

[Amber]

I know you are applying in August. However, the wording in annex FM seems to indicate you'll have to supply wage slips from April 2012 in order to combine Cat B with Cat F. Are you still doing self employment, even if not earning anything?

[faislondon]

So do I have to provide payslips from April 2012 untill Aug 2013?. Thats more than 12 months? .

As per my HMRC registeration I am still self employed. Although I havent done any business since March this year. I need to fill self assessment on HMRC website. Shall I just pay NI CLASS 2 from April this year then by sending a cheque to HMRC?.

UKBA is reducing financial income threshold , verdict is still awaiting I think this will be beneficial? .

[Amber]

Sometimes self-employed business can be slow and without work, doesn't mean you're not self employed.

The wording in Annex FM at 9.3.5 is

Income under Category F or Category G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement.

However, unlike with other Categories, these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all income must fall within the financial year(s) relied on. For example, to count income from property rental the income must have been received during the relevant financial year(s), though the property must still be owned by the relevant person at the date of application.

This would leave me to think that it is what you have earned in April 2012-2013 which will count, thus provide wage slips from April 2012.

See Annex FM (click) at 5.6 and 9.6 for the specified evidence required. The Court verdict at the moment reflects British Citizens and Asylum seekers not those who are only settled.

[faislondon]

Hi Amber,

On UKBA website regarding the payslips it is quoted "last financial year from the date of application". Since I am applying in Aug how can I show income just until April?. There will be 5 months gap then? .

[Amber]

No, I meant supply pay slips from April 2012 until now.

[faislondon]

Ok. But I guess I have to calculate 12 months backwards from Aug this year right ? . Also providing extras payslips untill april?

[Amber]

But also it appears you must have been warning the amount of salaried income between April 2012 - April 2013 in order to combine with Cat f. I think if you supply the payslips from April 2012, and the specified evidence you should be ok.

[faislondon]

Just to get this right. I need to provide wage slips from April 2012-Aug 2013 for CAT B. But in the application form I have to specify the earning for Sept 2012-Aug 2013 or do I have to show between April to April. Coz as per UKBA payslips need to be recent. Since I am showing that I am currently employed with the same employer for more than 6 months from the date of application?.

[Amber]

To be honest the wording is poor. However I would state whichever annual pay is lower between April-April or in the last 12 months if you state the lowest you can't go wrong. Also, you're using varied income over the last 12 months. Providing the wage slips since April 2012 should also allow you to combine cat b with cat f to meet the financial requirement.

[faislondon]

Hello Amber,

Sorry to be a pain. Seriously helpfull people like you keeps people like us motivated in life. Or else UKBA would have taken us down long time ago.

I just wanted to clarify in brief.

CAT B: Employment income
50 weeks payslips counting backwards + 19 payslips untill April 2012 to show the financial year. However I will be only claiming for the last 12 months.
Employers letter confirming my gross income including overtime
Bank statements reflecting the same wages

CAT F:

HMRC UTR letter confirming self employment registeration
NI CLASS 2 paid receipt
Accountants letter confirming gross profit untill Mar 2013
Accounts made by accountant untill March 2013
Self assessment to HMRC copy
Statement of account
Bank statement reflecting the transactions for self employment

Is the above correct to prove financial requirements?

Thank you

[Amber]

For Cat B the specified evidence is:

all of the following evidence must be provided:
(a) Wage slips covering:
The period since April 2012

Personal bank statements corresponding to the same period

A letter from the employer who issued the wage slips
confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in
the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK

For Cat F:

(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year.

(b) The latest:
(i) annual self-assessment tax return to HMRC (a copy or print-out);
(ii) Statement of Account (SA300 or SA302)

(c) Proof of registration with HMRC as self-employed if available.

(d) Each partner's Unique Tax Reference Number (UTR)

(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).

(f) Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly

(g) Evidence of on-going self-employment through evidence of payment of Class 2 National Insurance contributions.

(i) (aa) If the business is required to produce annual audited accounts, the latest such accounts;

[faislondon]

Hi Amber,

Thank you for the above information. I am confused about the requirement quoted "(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year" for CAT F?.

Does the above refers to the Unaudited accounts from the accountant?.

[Amber]

Hi Amber,

Thank you for the above information. I am confused about the requirement quoted "(a) Evidence of the amount of tax payable, paid and unpaid for the last financial year" for CAT F?.

Does the above refers to the Unaudited accounts from the accountant?.

I would imagine so as you'll not have submitted your self-assessment yet, though if you have a print out of that should suffice. The evidence should be showing the tax year April 12- April 13 rather than until March if you can.

[faislondon]

So shall do the self assessment on HMRC and get the print out also I am not getting what you mean from april to april?. UKBA says last 12 months income from the date of application?

[Amber]

So shall do the self assessment on HMRC and get the print out also I am not getting what you mean from april to april?. UKBA says last 12 months income from the date of application?

I know what the UKBA say but the wording states that when combining Cat F with other Cats then the sponsor must have earned the income in the relevant tax year hence why I suggest supplying the wage slips since April 2012. The self assessment for self employment April-April should meet the 'Evidence of the amount of tax payable, paid and unpaid for the last financial year' requirement. You must remember that combining Cat b and Cat f is not straight forward but if you follow what we have discussed you should be ok.

[faislondon]

OK mate. Just one last question. So even I am applying in Aug I still have to provide payslips from April 2012 untill the last month of my application i.e last payslip for 02 Aug?. But the claiming period will be April to April?. Please correct me?.

Also for Statement of Account (Self Empl) HMRC takes 4-6 weeks to send it. Is there any other way I could get it?.

Thank you

[Amber]

Work out Gross pay (employed salary pay) from April 12 - April 13 and also the Gross pay for the last 12 months, use whichever annual figure is lower when you apply. The reason I say supply payslips from April 2012 until August 2013 is that Annex FM states that you can combine Cat B and Cat F providing the income required is met during the relevant financial year, in your case, April 12-April 13, hence why I said use the lowest figure.

If you complete your HMRC online then you should be able to print it out online, otherwise no.