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Adequate maintenance - Need help Please!

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claraluh
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Adequate maintenance - Need help Please!

Post by claraluh » Wed Jan 21, 2015 10:48 am

Hi There, I am not sure if " Adequate maintenance" Is really the name of what I am trying to say. My Doubt is, If I am a British person I have to prove I earn at least £18600 a year + other things obviously, to get a Spouse Visa for my Partner.

My Salary a year is around £17400 + Commissions, I've been with my employer for more than a year and in the last year I've earned more than £18600.

I was advised before that it should be accepted + letter from employer etc. But yesterday I called a solicitor, and he told me that my application would be refused because my salary is only £17400 and Home Office will not accept commissions, unless my employer writes a letter saying I earn more that £18600. After what He said, I got a bit confused, so it would be great if someone could give a light here. Maybe he is not a very good solicitor and I should look for another one. But Please can anyone tell me if it would me accepted or not??

Thanks in Avance for all your help!!

batleykhan
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Re: Adequate maintenance - Need help Please!

Post by batleykhan » Wed Jan 21, 2015 2:26 pm

claraluh wrote:Hi There, I am not sure if " Adequate maintenance" Is really the name of what I am trying to say. My Doubt is, If I am a British person I have to prove I earn at least £18600 a year + other things obviously, to get a Spouse Visa for my Partner.

My Salary a year is around £17400 + Commissions, I've been with my employer for more than a year and in the last year I've earned more than £18600.

I was advised before that it should be accepted + letter from employer etc. But yesterday I called a solicitor, and he told me that my application would be refused because my salary is only £17400 and Home Office will not accept commissions, unless my employer writes a letter saying I earn more that £18600. After what He said, I got a bit confused, so it would be great if someone could give a light here. Maybe he is not a very good solicitor and I should look for another one. But Please can anyone tell me if it would me accepted or not??

Thanks in Avance for all your help!!
If your commissions/overtime etc are included in your employment contract and you get them paid regularly, then they would be accepted for visa purposes. Your basic salary plus Commissions/overtime etc MUST BE 18600 or above in order to meet the requirement for visa purposes. You will need a letter from your employer confirming this information.Your Gross monthly salary including OT/Commission must be over 1550 per month for the 6 months prior to your application. If it lower than £1550 P.M in any of the 6 months, they will work out your gross wage on the lowest, so make sure there are 1550 and above for all 6 months. If you can do this, you should be OK
From Appendix FM-SE:

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.

(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.

SoHopeful
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Re: Adequate maintenance - Need help Please!

Post by SoHopeful » Wed Jan 21, 2015 2:38 pm

In addition to above you need to ensure you work out the average amount of commission you were paid and add that to your monthly basic to work out the annual amount.

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claraluh
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Location: London

Re: Adequate maintenance - Need help Please!

Post by claraluh » Wed Jan 21, 2015 3:43 pm

Yes Everythings comes in my Payslip. And for the past 12 months I always received more than 1550 Gross. My Gross Salary is around 14200 per month plus comissions and Branch Bonus and overtime paid at 1,5 hrs.

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