Immigrationboards.com

Dear all,

I have a couple of queries around Indefinite Leave To Remain for a Spouse.

Category A income requirement- the lowest level of gross annual salary. Is this the lowest BEFORE TAX amount on your payslip for the last 6 months?

Category B - part 1. Gross annual salary referred to - is the yearly amount your earn from your job, before tax? The actual amount of gross income referred to for criteria 2 at cat B is it obtained by adding up the
before tax or after tax amount on your last 12 month payslips?

My Wife entered the country on her spouse visa on 5/12/2015. Am I correct in saying the earliest date we can apply for ILR is 28 days prior to the 5 year date of 5/12/2020?

Really appreciate the clarity.

My Wife entered the country on her spouse visa on 5/12/2015. Am I correct in saying the earliest date we can apply for ILR is 28 days prior to the 5 year date of 5/12/2020?

Correct


Wait for someone else to respond on the first query. This link may help though:

https://assets.publishing.service.gov.u ... gov-uk.pdf

justanotherguy wrote: ↑

Sat Aug 08, 2020 9:29 pm

Dear all,

I have a couple of queries around Indefinite Leave To Remain for a Spouse.

Category A income requirement- the lowest level of gross annual salary. Is this the lowest BEFORE TAX amount on your payslip for the last 6 months?

Category B - part 1. Gross annual salary referred to - is the yearly amount your earn from your job, before tax? The actual amount of gross income referred to for criteria 2 at cat B is it obtained by adding up the
before tax or after tax amount on your last 12 month payslips?

All calculations are based on gross income (before tax deduction). Also you either need to apply under category A where you must have been working for your employer from at least 6 months or otherwise category B. Lowest wage figure is considered where you are relying on category A -salaried person.

justanotherguy wrote: ↑

Sat Aug 08, 2020 9:29 pm

My Wife entered the country on her spouse visa on 5/12/2015. Am I correct in saying the earliest date we can apply for ILR is 28 days prior to the 5 year date of 5/12/2020?

Really appreciate the clarity.

Yes

Thanks for the prompt response guys!

In cat B (2nd part) can the income of the applicant be added to that of the sponsor, if they have been with their employer over 6 months, but the sponsor, less than 6 in theirs?

cheers.

I also forgot to add. If I was applying for the ILR and the contract that I was on was due to expire the same month, but not before application, does that matter? From the below all I can see is that employment can be perm, fixed e.t.c so presumably it doesn't matter?

https://assets.publishing.service.gov.u ... 79pd48U-Z4

justanotherguy wrote: ↑

Sat Aug 08, 2020 10:02 pm

In cat B (2nd part) can the income of the applicant be added to that of the sponsor, if they have been with their employer over 6 months, but the sponsor, less than 6 in theirs?

cheers.

Yes

justanotherguy wrote: ↑

Sat Aug 08, 2020 10:10 pm

I also forgot to add. If I was applying for the ILR and the contract that I was on was due to expire the same month, but not before application, does that matter? From the below all I can see is that employment can be perm, fixed e.t.c so presumably it doesn't matter?

https://assets.publishing.service.gov.u ... 79pd48U-Z4

Type of contract doesn't matter and despite the income till the date of application matters but caseworker still expect the person remained employed with the same employer until at least their enquiry to employer.

seagul wrote: ↑

Sat Aug 08, 2020 10:29 pm

justanotherguy wrote: ↑

Sat Aug 08, 2020 10:10 pm

I also forgot to add. If I was applying for the ILR and the contract that I was on was due to expire the same month, but not before application, does that matter? From the below all I can see is that employment can be perm, fixed e.t.c so presumably it doesn't matter?

https://assets.publishing.service.gov.u ... 79pd48U-Z4

Type of contract doesn't matter and despite the income till the date of application matters but caseworker still expect the person remained employed with the same employer until at least their enquiry to employer.

So if I was due to finish my contract the same or next month after the application was made, it wouldn't impact? Even though I might be on a fixed term until just after visa, i would technically be classed as a perm employer, just coming to an end of a specific contracted project.

justanotherguy wrote: ↑

Mon Aug 10, 2020 2:49 pm

seagul wrote: ↑

Sat Aug 08, 2020 10:29 pm

justanotherguy wrote: ↑

Sat Aug 08, 2020 10:10 pm

I also forgot to add. If I was applying for the ILR and the contract that I was on was due to expire the same month, but not before application, does that matter? From the below all I can see is that employment can be perm, fixed e.t.c so presumably it doesn't matter?

https://assets.publishing.service.gov.u ... 79pd48U-Z4

Type of contract doesn't matter and despite the income till the date of application matters but caseworker still expect the person remained employed with the same employer until at least their enquiry to employer.

So if I was due to finish my contract the same or next month after the application was made, it wouldn't impact? Even though I might be on a fixed term until just after visa, i would technically be classed as a perm employer, just coming to an end of a specific contracted project.

Yes it can be pronounced as "fixed"/"permanent".

Am I correct in saying with my wife being 'non-salaried' under cat A - her income would be worked out as followed?

her basic pay is £200 a week (paid weekly).
200/4 = £800 monthly which is £4800 over 6 months
4,800 / 6 = 800
x12 = £9,600
So am I correct in saying from her base pay, £9,600 can be used, or have I calculated incorrectly? As it's a little confusing.

Cheers!

justanotherguy wrote: ↑

Sun Sep 06, 2020 11:39 am

Am I correct in saying with my wife being 'non-salaried' under cat A - her income would be worked out as followed?

her basic pay is £200 a week (paid weekly).
200/4 = £800 monthly which is £4800 over 6 months
4,800 / 6 = 800
x12 = £9,600
So am I correct in saying from her base pay, £9,600 can be used, or have I calculated incorrectly? As it's a little confusing.

Cheers!

Basic pay means a fixed wages which most often is the case for a salaried person. Mathematically and under immigration rules the weekly figures need to be calculated accordingly such as £200×52= £10400

Anything above to it might such as overtime/bonus might fall under none-salaried.

seagul wrote: ↑

Sun Sep 06, 2020 12:03 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 11:39 am

Am I correct in saying with my wife being 'non-salaried' under cat A - her income would be worked out as followed?

her basic pay is £200 a week (paid weekly).
200/4 = £800 monthly which is £4800 over 6 months
4,800 / 6 = 800
x12 = £9,600
So am I correct in saying from her base pay, £9,600 can be used, or have I calculated incorrectly? As it's a little confusing.

Cheers!

Basic pay means a fixed wages which most often is the case for a salaried person. Mathematically and under immigration rules the weekly figures need to be calculated accordingly such as £200×52= £10400

Anything above to it might such as overtime/bonus might fall under none-salaried.

Thanks! I think I understand. Looking at the official guidance e.g it states (subbed example figures for my wifes):

Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= (26 weeks x 200) ÷ 6) x 12
= (5,200 ÷ 6) x 12
= £10,400 is that how you came to the allowable figure to be used without OT, bonuses e.t.c?

cheers!

justanotherguy wrote: ↑

Sun Sep 06, 2020 7:20 pm

seagul wrote: ↑

Sun Sep 06, 2020 12:03 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 11:39 am

Am I correct in saying with my wife being 'non-salaried' under cat A - her income would be worked out as followed?

her basic pay is £200 a week (paid weekly).
200/4 = £800 monthly which is £4800 over 6 months
4,800 / 6 = 800
x12 = £9,600
So am I correct in saying from her base pay, £9,600 can be used, or have I calculated incorrectly? As it's a little confusing.

Cheers!

Basic pay means a fixed wages which most often is the case for a salaried person. Mathematically and under immigration rules the weekly figures need to be calculated accordingly such as £200×52= £10400

Anything above to it might such as overtime/bonus might fall under none-salaried.

Thanks! I think I understand. Looking at the official guidance e.g it states (subbed example figures for my wifes):

Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= (26 weeks x 200) ÷ 6) x 12
= (5,200 ÷ 6) x 12
= £10,400 is that how you came to the allowable figure to be used without OT, bonuses e.t.c?

cheers!

For calculations under none-salaried person the monthly wages need to vary regularly, and in case where if there is a basic salary which has been subsumed into the aggregation of monthly variable income then it need to be singled out. So in above illustration the basic wage is £200 per week which need to be multiplied by 52 to obtain the annual income figure whilst anything above to it will be calculated under the none-salaried person (the same you have learnt in previous post), and the resultant figure will be added back to basic salary.

seagul wrote: ↑

Sun Sep 06, 2020 7:48 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 7:20 pm

seagul wrote: ↑

Sun Sep 06, 2020 12:03 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 11:39 am

Am I correct in saying with my wife being 'non-salaried' under cat A - her income would be worked out as followed?

her basic pay is £200 a week (paid weekly).
200/4 = £800 monthly which is £4800 over 6 months
4,800 / 6 = 800
x12 = £9,600
So am I correct in saying from her base pay, £9,600 can be used, or have I calculated incorrectly? As it's a little confusing.

Cheers!

Basic pay means a fixed wages which most often is the case for a salaried person. Mathematically and under immigration rules the weekly figures need to be calculated accordingly such as £200×52= £10400

Anything above to it might such as overtime/bonus might fall under none-salaried.

Thanks! I think I understand. Looking at the official guidance e.g it states (subbed example figures for my wifes):

Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= (26 weeks x 200) ÷ 6) x 12
= (5,200 ÷ 6) x 12
= £10,400 is that how you came to the allowable figure to be used without OT, bonuses e.t.c?

cheers!

For calculations under none-salaried person the monthly wages need to vary regularly, and in case where if there is a basic salary which has been subsumed into the aggregation of monthly variable income then it need to be singled out. So in above illustration the basic wage is £200 per week which need to be multiplied by 52 to obtain the annual income figure whilst anything above to it will be calculated under the none-salaried person (the same you have learnt in previous post), and the resultant figure will be added back to basic salary.

Thanks. Yes, the £200 a week earned is her basic every week for the 52 weeks (it doesn't vary) so in that case multiplying that by 12 does come to £10,400 over the 12 months period. Anything above she makes I understand is calculated under none-salaried and added back to the basic. Am I correct in saying the basic useable allowance though in this case is the £10,400 as that's the 52 week total of the £200 she always and is guaranteed to receive each week.

cheers.

justanotherguy wrote: ↑

Sun Sep 06, 2020 8:06 pm

seagul wrote: ↑

Sun Sep 06, 2020 7:48 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 7:20 pm

seagul wrote: ↑

Sun Sep 06, 2020 12:03 pm

Basic pay means a fixed wages which most often is the case for a salaried person. Mathematically and under immigration rules the weekly figures need to be calculated accordingly such as £200×52= £10400

Anything above to it might such as overtime/bonus might fall under none-salaried.

Thanks! I think I understand. Looking at the official guidance e.g it states (subbed example figures for my wifes):

Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= (26 weeks x 200) ÷ 6) x 12
= (5,200 ÷ 6) x 12
= £10,400 is that how you came to the allowable figure to be used without OT, bonuses e.t.c?

cheers!

For calculations under none-salaried person the monthly wages need to vary regularly, and in case where if there is a basic salary which has been subsumed into the aggregation of monthly variable income then it need to be singled out. So in above illustration the basic wage is £200 per week which need to be multiplied by 52 to obtain the annual income figure whilst anything above to it will be calculated under the none-salaried person (the same you have learnt in previous post), and the resultant figure will be added back to basic salary.

Thanks. Yes, the £200 a week earned is her basic every week for the 52 weeks (it doesn't vary) so in that case multiplying that by 12 does come to £10,400 over the 12 months period. Anything above she makes I understand is calculated under none-salaried and added back to the basic. Am I correct in saying the basic useable allowance though in this case is the £10,400 as that's the 52 week total of the £200 she always and is guaranteed to receive each week.

cheers.

Yes precisely but if in case where it drops during the last 6 months which most often happens due to unpaid leave then the lowest figure will be considered instead £200 despite is guaranteed.

seagul wrote: ↑

Sun Sep 06, 2020 8:18 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 8:06 pm

seagul wrote: ↑

Sun Sep 06, 2020 7:48 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 7:20 pm

Thanks! I think I understand. Looking at the official guidance e.g it states (subbed example figures for my wifes):

Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= (26 weeks x 200) ÷ 6) x 12
= (5,200 ÷ 6) x 12
= £10,400 is that how you came to the allowable figure to be used without OT, bonuses e.t.c?

cheers!

For calculations under none-salaried person the monthly wages need to vary regularly, and in case where if there is a basic salary which has been subsumed into the aggregation of monthly variable income then it need to be singled out. So in above illustration the basic wage is £200 per week which need to be multiplied by 52 to obtain the annual income figure whilst anything above to it will be calculated under the none-salaried person (the same you have learnt in previous post), and the resultant figure will be added back to basic salary.

Thanks. Yes, the £200 a week earned is her basic every week for the 52 weeks (it doesn't vary) so in that case multiplying that by 12 does come to £10,400 over the 12 months period. Anything above she makes I understand is calculated under none-salaried and added back to the basic. Am I correct in saying the basic useable allowance though in this case is the £10,400 as that's the 52 week total of the £200 she always and is guaranteed to receive each week.

cheers.

Yes precisely but if in case where it drops during the last 6 months which most often happens due to unpaid leave then the lowest figure will be considered instead £200 despite is guaranteed.

Thanks you've been really helpful! In terms of savings 6 months worth over £16,000 - do they look at the closing balance for each month over the 6 months period, or do they look at did the figure dip at any point during those 6 months from the varying amounts in the statements? to work out the allowable amount you can use over £16,000.

justanotherguy wrote: ↑

Sun Sep 06, 2020 8:50 pm

seagul wrote: ↑

Sun Sep 06, 2020 8:18 pm

justanotherguy wrote: ↑

Sun Sep 06, 2020 8:06 pm

seagul wrote: ↑

Sun Sep 06, 2020 7:48 pm

For calculations under none-salaried person the monthly wages need to vary regularly, and in case where if there is a basic salary which has been subsumed into the aggregation of monthly variable income then it need to be singled out. So in above illustration the basic wage is £200 per week which need to be multiplied by 52 to obtain the annual income figure whilst anything above to it will be calculated under the none-salaried person (the same you have learnt in previous post), and the resultant figure will be added back to basic salary.

Thanks. Yes, the £200 a week earned is her basic every week for the 52 weeks (it doesn't vary) so in that case multiplying that by 12 does come to £10,400 over the 12 months period. Anything above she makes I understand is calculated under none-salaried and added back to the basic. Am I correct in saying the basic useable allowance though in this case is the £10,400 as that's the 52 week total of the £200 she always and is guaranteed to receive each week.

cheers.

Yes precisely but if in case where it drops during the last 6 months which most often happens due to unpaid leave then the lowest figure will be considered instead £200 despite is guaranteed.

Thanks you've been really helpful! In terms of savings 6 months worth over £16,000 - do they look at the closing balance for each month over the 6 months period, or do they look at did the figure dip at any point during those 6 months from the varying amounts in the statements? to work out the allowable amount you can use over £16,000.

The lowest figure of cash savings during the last 6 months will be considered.