Immigrationboards.com

HI Guys,

Can someone confirm for me please if my income should be considered salaried or non- salaried?

I work on weekly rota basis, I have hourly rate and minimum weekly worked hours in my contract, I do not have any annual salary in my contract.

I work more than 6 month for the same company.
My payslips show Hourly rate (weekly hours x 52 /12 x hourly rate) and also Overtime.
Example April: Hourly rate April hours 65 rate 11.00 payment 715.00
Overtime March hours 73.22 rate 11.00 payment 805.42
Total gross 1520.42

I was on 15 hours contract in March,April and May. I am on 35 hours contract from June.

My payslips show before tax:
March 766.54
April 1520.42
May 1592.91
June 2922.29
July 1988.63
August 1632.14

My gross salary for meeting the financial requirement will be 20 845.86 if I am non-salaried.
I am not meeting the requirement if I am salaried ( 766.54 x 12=9148.48)

My current leave expires in April 2022. I can apply for SET(M) next month as 5 years since arrival on spouse visa will be completed.

My options are: 1. applying for ILR next month if I am non-salaried
2. applying next month using combined income with my husband who works for the same company and has exactly the same contact, but I am not sure if he is salaried or non-salaried again and his payslips would not go over 1400 monthly as he is on 30 hours contract. He is about the get a job offer too so I am not sure if will be able to include him. I am considering 5 days priority service.
3. waiting another 3 months so my monthly Hourly rate will be showing over 1550 in all 6 payslips.

Please help

We regularly ask the applicants here to read official guides to avoid any confusion:

Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked.

https://assets.publishing.service.gov.u ... .0-ext.pdf

Zimba wrote: ↑

Fri Aug 27, 2021 3:30 pm

We regularly ask the applicants here to read official guides to avoid any confusion:

Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked.

https://assets.publishing.service.gov.u ... .0-ext.pdf

HI Zimba,

I have read the quidance and the Appendix and also was reding this forum and related topics for 3 days before asking about my own situation. Could you please confirm that based on my payslips and information about the contract I should be considered as non-salaried and can apply the next month for my ILR?

This is self-explanatory. If your employment arrangements fit the paragraph I quoted then you are in a non-salaried position.

Zimba wrote: ↑

Fri Aug 27, 2021 4:20 pm

This is self-explanatory. If your employment arrangements fit the paragraph I quoted then you are in a non-salaried position.

HI Zimba,

Thank you very much for your help. As it is not clear what is the answer I hope that someone else will see my post and will be able to help. Have a nice day!