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Cat A - payslips & overtime?

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Mh83
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Settlement visa - salary / overtime / payslips query

Post by Mh83 » Mon Jan 27, 2020 11:19 am

Good day,

Background: British sponsor, Thai wife and son (therefore a 22,400 requirement). A daughter we have together who lives here in the UK with me.

I work in a salaried job (with overtime available) currently my salary is 21,819 and i have been doing approx £66 per month overtime in recent months (but not the whole year - i also only reached my current salary within the last tax year). My gross monthly pay therefore lately is approx £1884. Also, in april my salary will increase to 23,400 - this will show on the final payslip i include with our application.

I was under the impression i would just apply after i had six months payslips showing my monthly gross pay of approx £1884 , but is this the case? I’ve read some worrying topics whereby it is mentioned non-salaried payments (overtime?) require 12 months payslips / p60?

Of note, one of my recent pay slips my employer accidentally gave me a colleagues overtime (£580!) so one of my payslips is huge, and the next is well below, but they of course average out...

Ive tried to search for clarification on this but i had no luck - apologies if this has been asked a thousand times before!

Many thanks for any advice

M

geoeng
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Re: Settlement visa - salary / overtime / payslips query

Post by geoeng » Mon Jan 27, 2020 1:02 pm

Overtime is considered separate from your base salary and is calculated as an annualised average of the last 6 months that is added to the gross annual salary. See page 31 of the guidance document linked below for details.

Category A vs. B is based on length of time with current employer rather than salaried or non-salaried. So as long as you have been with your employer for at least 6 months meeting the financial requirement, you can apply using Category A and provide 6 months worth of payslips and bank statements.

Of more concern, in my opinion, is the issue with the payslips. To determine whether you meet the financial requirement, there's a good chance the person reviewing the application will look at your lowest payslip and use that towards calculating your annual income. If you are able, it is probably in your best interest to see if you can get the payslip fixed and a correct one issued. Otherwise, if the gross amount on the lowest payslip is correct (and the correction was done as a separate deduction), you should probably make very clear in the letter from your employer and in a cover letter why there is such a discrepancy.

If your total income in the 12 months prior to applying meets the financial requirement, you could also consider applying under Category B using 12 months worth of payslips and bank statements and avoid the pay slip issue completely. Not trying to say you wouldn't be eligible using Category A, just emphasising the importance of clarifying why one payslip is significantly lower than the others.

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Mh83
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Re: Settlement visa - salary / overtime / payslips query

Post by Mh83 » Mon Jan 27, 2020 2:41 pm

Many thanks for your reply.

I have worked with my current employer for several years now, so thinking it would be best to go for category A.

I have asked them to supply a fixed payslip but then I assume I would still need a letter from them to explain why my bank statement shows a much smaller amount paid in for that month..

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Re: Settlement visa - salary / overtime / payslips query

Post by geoeng » Mon Jan 27, 2020 2:47 pm

Mh83 wrote:
Mon Jan 27, 2020 2:41 pm
I have asked them to supply a fixed payslip but then I assume I would still need a letter from them to explain why my bank statement shows a much smaller amount paid in for that month..
Probably best this is mentioned in the letter so it's clear. The financial requirement is based on gross income rather than net income, so they'd mostly be looking at bank statements to confirm the net income from the payslip is deposited into the bank account. As long as the gross income shown on the payslip is correct, there shouldn't be issues.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Settlement visa - salary / overtime / payslips query

Post by seagul » Mon Jan 27, 2020 4:04 pm

Mh83 wrote:
Mon Jan 27, 2020 2:41 pm


I have asked them to supply a fixed payslip but then I assume I would still need a letter from them to explain why my bank statement shows a much smaller amount paid in for that month..
Not sure as how your employer's accounts department work but mostly in case of overpayment/underpayments you still got paid same amount but its adjustment is carried out in next payslip means no discrepancy arise anywhere. In your case they mistakenly have overpaid you but later pay you correctly without necessary correction. Yes employer letter can clarify it.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Settlement visa - salary / overtime / payslips query

Post by Mh83 » Mon Jan 27, 2020 10:03 pm

Thanks for you reply.

My concern is that the first payslip i will include (november 2019) shows my total payments as only 972.99 for the month (as i was overpaid 930 or so in october). So if they do calculate the last six months average wage using the lowest sum, that looks very bad (october’s payslip shows total payments 2738 but if i include that payslip as well its then a total of 7 payslips with the application & the october one doesnt include any overtime...)

A letter from my employer detailing their mistake + including the overpayment in october might work i guess? We would wait until May 2020 to apply, this skipping this whole issue altogether, however there are a number of other issues non-visa related that make that a problem.

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Re: Settlement visa - salary / overtime / payslips query

Post by seagul » Mon Jan 27, 2020 10:44 pm

Mh83 wrote:
Mon Jan 27, 2020 10:03 pm
So if they do calculate the last six months average wage using the lowest sum, that looks very bad.
Average wage never basis on lowest wage figure rather is calculated under none-salaried person approach by taking the total of last six months overtime/6×12= ? . It will then added to your base salary (salaried wages).
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Re: Settlement visa - salary / overtime / payslips query

Post by Mh83 » Tue Jan 28, 2020 7:46 am

Yes i understand that, but due to the overpayment error made in october (7 months prior to application) the first payslip i will include with our application (november) the net pay for that month is 970 or so...

Do they only look at the salary amount with cat A? As that always states 21819 on my payslip - just the gross pay figure will change per month with the overtime.

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Cat A - payslips & overtime?

Post by Mh83 » Sun May 03, 2020 7:30 pm

Hi guys - some help if possible please!

For most of the previous year my salary was £21,819. On the last most recent payslip my salary has increased to £24,189. I am in the process of applying for a settlement visa for my wife and step-son (so a financial requirement of £22,400)

For the past six months i have worked overtime to try and meet this. For the last six payslips I have had the following total payments (gross pay):

Month 1: £1893
Month 2: £1868
Month 3: £1885
Month 4: £1901
Month 5: £1885
Month 6: £2080

I am wondering if i can successfully apply using these payslips on cat A, as they all include overtime (even the final payslip, as i didnt know about the pay rise which puts me over the requirement)

I have a letter from my employer stating my length of employment (six years) and current salary (the new one as of last month..)

Many thanks for your advice / opinion

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Re: Cat A - payslips & overtime?

Post by seagul » Sun May 03, 2020 7:43 pm

Mh83 wrote:
Sun May 03, 2020 7:30 pm
Hi guys - some help if possible please!

For most of the previous year my salary was £21,819. On the last most recent payslip my salary has increased to £24,189. I am in the process of applying for a settlement visa for my wife and step-son (so a financial requirement of £22,400)

For the past six months i have worked overtime to try and meet this. For the last six payslips I have had the following total payments (gross pay):

Month 1: £1893
Month 2: £1868
Month 3: £1885
Month 4: £1901
Month 5: £1885
Month 6: £2080

I am wondering if i can successfully apply using these payslips on cat A, as they all include overtime (even the final payslip, as i didnt know about the pay rise which puts me over the requirement)

I have a letter from my employer stating my length of employment (six years) and current salary (the new one as of last month..)

Many thanks for your advice / opinion
Yes with these wages figures you seem comfortably be able to meet the financial requirement under category A assuming you have been working for same employer from at least 6 months. Your employer letter must state new increased annual wages and the overtime.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Cat A - payslips & overtime?

Post by Mh83 » Tue May 05, 2020 8:02 am

Thank you for your reply - that has really helped with some reassurance!

Slightly off topic - for accommodation is the following enough?

1) letter from landlord (number of rooms, permission to live there etc)
2) copy of landlords passport and signed / dated
3) official title deed from land registry

We have previously had two successful tourist visas granted using just these three documents but i wonder if they require anything further for family settlement?

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Re: Cat A - payslips & overtime?

Post by seagul » Tue May 05, 2020 8:15 am

Mh83 wrote:
Tue May 05, 2020 8:02 am
Thank you for your reply - that has really helped with some reassurance!

Slightly off topic - for accommodation is the following enough?

1) letter from landlord (number of rooms, permission to live there etc)
2) copy of landlords passport and signed / dated
3) official title deed from land registry

We have previously had two successful tourist visas granted using just these three documents but i wonder if they require anything further for family settlement?
If it the landlord is your friend/family member then all three documents should be fine otherwise (private landlord) then 2 & 3 won't be needed rather a tenancy/lodger agreement will be compulsory.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Cat A - payslips & overtime?

Post by AmazonianX » Tue May 05, 2020 8:18 am

Mh83 wrote:
Tue May 05, 2020 8:02 am
Thank you for your reply - that has really helped with some reassurance!

Slightly off topic - for accommodation is the following enough?

1) letter from landlord (number of rooms, permission to live there etc)
2) copy of landlords passport and signed / dated
3) official title deed from land registry

We have previously had two successful tourist visas granted using just these three documents but i wonder if they require anything further for family settlement?
What you have listed above is more than enough, dare I say an overkill.
Letter from landlord to include that the arrival of your spouse will not lead to overcrowding of the house so not contravening the Housing Act.

Include/upload copy of your tenancy agreement.

Mh83
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Re: Cat A - payslips & overtime?

Post by Mh83 » Tue May 05, 2020 9:51 am

Again, thank you both - very much appreciated!

Mh83
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Re: Cat A - payslips & overtime?

Post by Mh83 » Sat May 30, 2020 10:57 am

One last question (i promise!)

Ive just completed the online application for my wife, and towards the end chose the option that yes, the sponsor (me) is currently sponsoring another dependent (my step son). The financial requirement is correctly shown on the form summary as a result of 22,400.

However i am a touch confused how i then compelte the application for my step son. Do i just create a new account and do an application from scratch? I aren’t sure how i can “link” the two so the nhs surcharge payment etc and booking appointment at the vfs centre are all one and the same for both...

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Re: Cat A - payslips & overtime?

Post by CR001 » Sat May 30, 2020 11:41 am

Each applicant must complete their own form. 2 applicants = 2 forms.
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Re: Cat A - payslips & overtime?

Post by Mh83 » Sat May 30, 2020 6:46 pm

Thanks for the clarification.

Ok one last question back to the payslips etc.

Question 3.12 asks “has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for six months prior to the date of the application?”

In my case, the first four payslips are above the financial requirement via overtime hours, and the most recent two the base salary alone is well over the financial requirement. Do I just choose “yes”? As if i cross “no” the follow up questions are about other jobs and salary etc ive had (ive worked for my employer for 7 years now and no other jobs)

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Re: Cat A - payslips & overtime?

Post by Korekt » Sun May 31, 2020 1:21 am

Mh83 wrote:
Sat May 30, 2020 6:46 pm
Question 3.12 asks “has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for six months prior to the date of the application?”
Where exactly was this question asked?
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Re: Cat A - payslips & overtime?

Post by seagul » Sun May 31, 2020 4:53 am

Korekt wrote:
Sun May 31, 2020 1:21 am
Mh83 wrote:
Sat May 30, 2020 6:46 pm
Question 3.12 asks “has your sponsor been in employment with the same employer and earning the amount, as detailed in 3.11 above, continuously for six months prior to the date of the application?”
Where exactly was this question asked?
Probably on Appendix 2.
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Re: Cat A - payslips & overtime?

Post by Mh83 » Sun May 31, 2020 4:56 am

On the appendix 2 form

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