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Financial Requirement -salary confusion

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ash210
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Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 8:56 am

Hi everyone,
I would like some expert advice on financial requirement for my wife’s extension as the spouse of British citizen.
Below is the salary summary and I am worried HO might use my current salary amount to calculate the criteria, can someone let me know if this will be ok or not please?
Feb-19 £3750 Proper job
March-19 £3750 Proper job
Apr-19 £3797 Proper job
May-19 £3797 Proper job-Salary increased by £450/year
Jun-19 £3797 Proper job
July-19 £3797 Proper job
Aug-19 £1726.14 Proper job-Left on 16/08/19
Sep-19 0
Oct-19 0
Nov-19 £1000 Odd Job
Dec-19 £1000 Odd Job
Jan-19 £1000 Odd Job
Total Salary £28416.14

If they take my most recent salaries, I won’t meet the requirement and that’s what I am worried about.
Advice please.

Kind Regards

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 9:05 am

ash210 wrote:
Tue Oct 22, 2019 8:56 am
If they take my most recent salaries, I won’t meet the requirement and that’s what I am worried about.
Advice please.
As you have not been employed for a minimum of 6 months with the same employer in a job meeting the financial requirements, your only option for using employment income would be to apply using Category B (other options using cash savings are available). In order to satisfy the requirements using Category B, you must prove the gross income in the last 12 months meets the requirement (which it appears to) and that you are currently employed in a job that meets the requirement (which it appears you are not). You either need to find new salaried employment that meets the financial requirement in which case you would be able to apply immediately provided your income in the 12 months prior to applying meets the requirement or you need to take on additional work to meet the requirement.
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.

ash210
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Posts: 108
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 9:09 am

Thanks Geoeng,
What I understood from your response
1- I need to show cash savings to make up for the shortfall as the job is less than 6 months?
2- Take on additional employment so that the salary meets 18,600/year?
Am I correct in those conclusions? and how much cash savings would I need to makeup the shortfall?

Regards

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 10:06 am

ash210 wrote:
Tue Oct 22, 2019 9:09 am
Am I correct in those conclusions? and how much cash savings would I need to makeup the shortfall?
More or less. The fastest and easiest way to meet the requirement would likely be to get new salaried employment with a salary exceeding £18,600/year. As your current odd-jobs appear to be non-salaried, in order to meet the requirement you would have to demonstrate the annualised average of non-salaried income exceeds £18,600/year in addition to ensuring your total income in the 12 months prior to applying exceeds £18,600.

For cash savings, the magic number to meet is £62,500 held for at least 6 months; however, you can also add income to reduce this amount. Considering your current income works out to £12,000/year, you would need £32,500 in cash savings to make up the shortfall.

Keep in mind that for visa extensions, you can also include any of your wife's income/savings, not sure if that helps at all or not.
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.

ash210
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Posts: 108
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 10:08 am

Many thanks Geoeng,
It is very clear now.

Regards

ash210
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Posts: 108
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 10:11 am

Keep in mind that for visa extensions, you can also include any of your wife's income/savings, not sure if that helps at all or not.
[/quote]

She is just too lazy to work :)

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 10:15 am

No problem, the guidance document linked below has all the different ways to meet the financial requirement as well as examples and calculations.
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.

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seagul
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Re: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 1:06 pm

geoeng wrote:
Tue Oct 22, 2019 10:06 am
As your current odd-jobs appear to be non-salaried, in order to meet the requirement you would have to demonstrate the annualised average of non-salaried income,
Incorrect as if the wages figures are identical then it can't be none-salaried and that formula to calculate the average annualized wages won't be applicable here.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 1:15 pm

seagul wrote:
Tue Oct 22, 2019 1:06 pm
Incorrect as if the wages figures are identical then it can't be none-salaried and that formula to calculate the average annualized wages won't be applicable here.
Writing it in red doesn't make it true. First of all, I made an assumption based on available evidence and made this clear. Second, the annualised average of salaried employment would be equivalent to the annual salary, so it doesn't make a difference. To clarify: "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, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked."
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.

ash210
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 1:23 pm

sorry I wasnt clear
it is salaried employment, I said odd job bcoz its not professional and working at a garage

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seagul
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Re: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 1:42 pm

geoeng wrote:
Tue Oct 22, 2019 1:15 pm
seagul wrote:
Tue Oct 22, 2019 1:06 pm
Incorrect as if the wages figures are identical then it can't be none-salaried and that formula to calculate the average annualized wages won't be applicable here.
Writing it in red doesn't make it true. First of all, I made an assumption based on available evidence and made this clear. Second, the annualised average of salaried employment would be equivalent to the annual salary, so it doesn't make a difference. To clarify: "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, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked."
You now quoted the official definition which clarifying the same mistake as highlighted above So what's the point of any agitation . I know the op is just giving estimated figure of future income but if the figure is same then it won't be none-salaried. In my view since the op hasn't yet earned so its difficult to predict that he can meet the requirement unless he has already worked and earned during the last 12 months.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 1:46 pm

ash210 wrote:
Tue Oct 22, 2019 1:23 pm
sorry I wasnt clear
it is salaried employment, I said odd job bcoz its not professional and working at a garage
No problem, doesn't really change anything. Probably makes things easier more than anything else.
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: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 1:49 pm

geoeng wrote:
Tue Oct 22, 2019 1:46 pm
ash210 wrote:
Tue Oct 22, 2019 1:23 pm
sorry I wasnt clear
it is salaried employment, I said odd job bcoz its not professional and working at a garage
No problem, doesn't really change anything. Probably makes things easier more than anything else.
Simply accept your mistake and that's is why red color of text was used.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 1:57 pm

seagul wrote:
Tue Oct 22, 2019 1:49 pm
Simply accept your mistake and that's is why red color of text was used.
:roll: I'll accept the assumption was incorrect. Hardly a mistake though; income figures can be identical for non-salaried employment and the formula applies regardless.
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.

ash210
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 2:03 pm

I know both of you have good intentions to help...
What is the suggestion for me?

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seagul
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Re: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 2:11 pm

geoeng wrote:
Tue Oct 22, 2019 1:57 pm
seagul wrote:
Tue Oct 22, 2019 1:49 pm
Simply accept your mistake and that's is why red color of text was used.
:roll: I'll accept the assumption was incorrect. Hardly a mistake though; income figures can be identical for non-salaried employment and the formula applies regardless.
You are still wrong. If the wages figures are same/identical then its not none-salaried rather its salaried. I will suggest you to re-read and digest the same official quote but along with the word "varying"
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
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Re: Financial Requirement -salary confusion

Post by geoeng » Tue Oct 22, 2019 2:38 pm

It says the number and/or pattern of hours to be worked may vary or that the amount paid varies according to the work undertaken, not that the total income must vary. Someone working 20 hours per week on a zero hour contract with a variable shift schedule but no contracted minimum number of hours would earn the same amount every week but still not be in salaried employment. This is getting quite off topic though.

Anyway, I think the options available to you are either to get new salaried employment that meets the financial requirements, get additional work at you current job to increase your income, or to add a second job (ideally salaried) to your current job to meet the income requirements.
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.

ash210
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Re: Financial Requirement -salary confusion

Post by ash210 » Tue Oct 22, 2019 2:40 pm

so instead of £1000 if I earn £1600/month, I guess that will be enough to meet the £18,600 and also my previous 12 months will be more than £18,600.

That should not be too difficult £1600/month.

Regards

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seagul
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Re: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 2:54 pm

geoeng wrote:
Tue Oct 22, 2019 2:38 pm
It says the number and/or pattern of hours to be worked may vary or that the amount paid varies according to the work undertaken, not that the total income must vary.
If the number of hours start varying then of course the wages figure will starts varying too.
geoeng wrote:
Tue Oct 22, 2019 2:38 pm

Someone working 20 hours per week on a zero hour contract with a variable shift schedule but no contracted minimum number of hours would earn the same amount every week but still not be in salaried employment. This is getting quite off topic though
Zero hour contract employee can never fall under salaried person because frequency of number of hours will vary (same mentioned as above) means none-salaried person
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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seagul
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Re: Financial Requirement -salary confusion

Post by seagul » Tue Oct 22, 2019 2:56 pm

ash210 wrote:
Tue Oct 22, 2019 2:40 pm
so instead of £1000 if I earn £1600/month, I guess that will be enough to meet the £18,600 and also my previous 12 months will be more than £18,600.

That should not be too difficult £1600/month.

Regards
If salaried under category B then you need to have a job giving you at least £18600 a year at the time of application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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