Tier 2 Visa got curtailed and expired. Can my husband apply for spouse visa?

kiron1212 wrote: ↑

Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong.

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

seagul wrote: ↑

Sun Dec 15, 2019 10:36 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong.

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.

kiron1212 wrote: ↑

Sun Dec 15, 2019 10:49 pm

seagul wrote: ↑

Sun Dec 15, 2019 10:36 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong.

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.

Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.

seagul wrote: ↑

Sun Dec 15, 2019 11:01 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 10:49 pm

seagul wrote: ↑

Sun Dec 15, 2019 10:36 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong.

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.

Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.

That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.

kiron1212 wrote: ↑

Sun Dec 15, 2019 11:47 pm

What formula home office uses in case sponsor has worked less than one month in a current job with variable non-salaried income (weekly payslip)?

To calculate this annualised average for non-salaried employment in Category B the
following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of months
and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is
weekly, or by the number of days and multiplied by 365 where payment is daily) =
Income from non-salaried employment that can be counted towards the financial
requirement.

seagul wrote: ↑

Sun Dec 15, 2019 11:59 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 11:47 pm

What formula home office uses in case sponsor has worked less than one month in a current job with variable non-salaried income (weekly payslip)?

To calculate this annualised average for non-salaried employment in Category B the
following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of months
and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is
weekly, or by the number of days and multiplied by 365 where payment is daily) =
Income from non-salaried employment that can be counted towards the financial
requirement.

Read page 25
https://assets.publishing.service.gov.u ... -ext_1.pdf.

seagul wrote: ↑

Sun Dec 15, 2019 11:01 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 10:49 pm

seagul wrote: ↑

Sun Dec 15, 2019 10:36 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 9:43 pm

Please help me with the calculation.

Cat B has two parts. Both need to be passed.

Part 1: Current gross annual income at the level of at-least 18,600
Part 2: Total at-least 18,600 made in 12 months prior to the application date. We have made about 19k, so my question is regarding part 1.

I have a general idea about the calculation and formula used by the caseworker. Please check and let me know if you see anything wrong.

I have two current jobs. Both minimum wage jobs.

Job 1: Working for the last 13 months. Paid fortnightly. So far I have 29 payslips from Job 1.

Job 2: Just started, in her second week. Paid weekly.

So, we will use two current jobs to show that I have at least 18,600 current gross salaries to pass part 1.

Excerpt taken from Appendix FM SE

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
so from the above excerpt Job 1 falls under 2(bb) and job 2 falls under 1(aa).

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

So this is my best-case scenario. Please check if this calculation and method is correct or not. I will adjust my work hours based on your advice. For job 1 I am currently working fewer hours past 2 weeks to focus on Job 2. Job 1 income will be counted as an average combining total income, I am assuming it won't affect much. Please advice.

[ I am sponsoring my husband who is currently in the UK on tier 2 visa, lost his job ]

Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.

Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.

That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.

kiron1212 wrote: ↑

Fri Dec 20, 2019 3:38 pm

seagul wrote: ↑

Sun Dec 15, 2019 11:01 pm

kiron1212 wrote: ↑

Sun Dec 15, 2019 10:49 pm

seagul wrote: ↑

Sun Dec 15, 2019 10:36 pm

Calculations seems correct but will be different if your first job is giving you fixed wages (salaried). Usually an income of £9300 from the combination of all incomes earned during the latest 6 months under category B meets its part 1. Regarding the quote, you taken from appendix fm seems to belong to some other category.

Job 1, job 2 both are non-salaried job. In the case of Job 1, the total income I found after adding all my 29 fortnightly payslips in the last 13 months (the duration I am working in this job). For part 2 I have used my husband's 5 months' worth of payslips which he worked from Jan 2019 till the beginning of June 2019 before losing the job. So about 10k from his job and 9k from mine.

The 13(b)(i) in the quotation can be found in the excerpt below.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:
(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
(i) The level of gross annual salary relied upon in the application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
(i) The gross annual salary from employment as it was at the date of application;
(ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
(iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.



Also Can you please help me to figure out the calculation formula used by the home office from the example bellow


Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400


How am I suppose to use it when I have just started working the job 2.

That quote is more clearer and relevant now but 13(b)(1) applies to salaried person. If your first job is none-salaried then calculations seems fine provided you will be able to earn same from 2nd job which you have presumed.

Final question: Can you please confirm that I can use two current jobs for CAT B Part 1 to calculate current annual gross salary? I will be very grateful to you if you could kindly look into it. Thank you very much for your help so far.

seagul wrote: ↑

Fri Dec 20, 2019 10:00 pm

Yes. If the aggregation income from all jobs (not just individual) during the last six months is at least £9300.

Job 1 income:

(Total income/Number of payslips) * 26 (because fortnightly payslips)
(10109.26/29) * 26 = 9063.47
Job 1 Gross monthly income = 9063/12 = 755.28

Job 2 income:

I am estimating how many days I will be working based on rota and unpaid bank holidays in coming weeks.
Week 1: 12th Dec, 13th Dec=> 21 Hours
Week 2: 15 Dec, 16 Dec, 17 Dec=> 31.5 Hours
Week 3: 22 Dec, 23 Dec=> 21 Hours
Week 4: 30 Dec, 31 Dec, 2 Jan => 31.5

Total 104 hours in 4 weeks' weekly payslip.

Total income in 4 weeks => 8.21 * 104 = 853.84
Average weekly income => 853.84/4 = 213.46
Gross annual income from
job 2 => 213.46*52 (because weekly payslip) = 11,099.92
Gross monthly income from job 2 => 11,099.92/12 = 924.99

Let's add gross monthly income from both jobs
Job 1 + job 2 = 755.28 + 924.99
= 1680.27

Total current gross annual income 1680.27 * 12 = 20,163.24

seagul wrote: ↑

Sat Dec 21, 2019 11:37 am

You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.

seagul wrote: ↑

Sat Dec 21, 2019 11:37 am

You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.

seagul wrote: ↑

Sat Dec 21, 2019 11:37 am

You are calculating accurately to get the annualized average income but from individual job. But to meet the part 1 of category B you will have to take the average of accumulated income from all jobs during the last 6 months instead taking individually. Like below:

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

And your husband income earned during the last 12 months can be combined with yours to meet the part 2.

seagul wrote: ↑

Sat Dec 21, 2019 11:37 am

Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.

To calculate this annualised average for non-salaried employment in Category B the following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement.

kiron1212 wrote: ↑

Sat Dec 21, 2019 12:39 pm

Formula: Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

Job 1 last 6 months:
407.38
406.97
398.76
452.62
463.21
386.53
343.18
342.36
328.4
439.24
230.13
232.75
320.27
245.64
255.17

Total : 5252.61

Job 2 last 6 months:
Total : 431

job 1 + job 2 = 5252.61 + 431 = 5683.61

(5683/6 * 12) = 11366

So according to your formula, my current gross annual salary is only 11366?
But that does not sound's right. That sounds right for CAT A. Are you sure this is how the gross annual salary is calculated for CAT B? In this case I will have to find a new job that pays atleast 18,600. Please confirm.

Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

seagul wrote: ↑

Sat Dec 21, 2019 6:42 pm

kiron1212 wrote: ↑

Sat Dec 21, 2019 12:39 pm

Formula: Total income from all jobs during the last 6 months or 26 weeks/6 months × 12

Job 1 last 6 months:
407.38
406.97
398.76
452.62
463.21
386.53
343.18
342.36
328.4
439.24
230.13
232.75
320.27
245.64
255.17

Total : 5252.61

Job 2 last 6 months:
Total : 431

job 1 + job 2 = 5252.61 + 431 = 5683.61

(5683/6 * 12) = 11366

So according to your formula, my current gross annual salary is only 11366?
But that does not sound's right. That sounds right for CAT A. Are you sure this is how the gross annual salary is calculated for CAT B? In this case I will have to find a new job that pays atleast 18,600. Please confirm.

Part 1 won't be met. In your previous post you quoted the official example of photographer earning variably under category B, just refer to it to learn more.

Example (c) The applicant’s partner lives in the UK and is a fashion photographer who does short-term contract work for several agencies. He has periods without work and the amount he is paid varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting the financial requirement under Category B non-salaried employment.

5.3.4. First, where the applicant’s partner and/or the applicant (if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it.

5.3.5. Gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer, or earning the amount relied upon, for less than 6 months at the date of application.

kiron1212 wrote: ↑

Sat Dec 21, 2019 7:48 pm

Thank you for the explanation. But the most ciritical difference between the photographer example and my case is in the fact that the photographer in the case study does not work with the same employer. His employer/agency varies from job to job. In my case I am working on two jobs - two employers in total.

seagul wrote: ↑

Sat Dec 21, 2019 8:15 pm

kiron1212 wrote: ↑

Sat Dec 21, 2019 7:48 pm

Doesn't matter because under category B unlike to category A you aren't necessarily be required to work for same employer from certain time rather the aggregated income (if variable means none-salaried) from all employers is counted unless you have started earning fixed wages (salaried person).

It matters I think, as evident in the appendix FM SE.

Please read the quote bellow. I have compiled it for you.

Calculating Gross Annual Income under Appendix FM

13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will, subject to paragraph 21A of this Appendix, be calculated in the following ways:

(a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:

(i) The level of gross annual salary relied upon in the application;

(b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:

(i) The gross annual salary from employment as it was at the date of application;
### this is what applies to me, this covers not just salaried, but also non salaried employment as evident in 18d###

14) ignoring.

15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:

(a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and

(b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:

(i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;
###this applies to me, notice how this and 13(b) implies that they only applies to people with fixed salary, but they actually also cover non salaried employment as evident in 18d###

17) ignoring

18.When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

(d) Gross income from non-salaried employment will be calculated on the same basis as income from salaried employment, except as provided in paragraph 18(e) and 18(f), and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from non-salaried employment. 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.
###this applies to me, specially from..
except as provided in paragraph 18(e) and 18(f).......####

(f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:

(aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
###my job number 2 as i have been working there since less than a month. Notice how it mentions the employment as THE EMPLOYMENT, not all non salaried employments. ###

(bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
###my job number 1,as i have been working in that job more than 1 month (13 months) and not relying on 13 a ###

seagul wrote: ↑

Sun Dec 22, 2019 1:10 pm

Writing rapidly the post over post and inserting quotations won't change the fact & reply. Ideally start doing overtime at job 1/job2 and apply whenever you will have earned sufficiently. Otherwise if you have 6 months old savings in excess of £16000 then might cover the shortfall. Good luck