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Actual Salary versus Employment Contract - To meet salary threshold

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Globe Trotter
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Applying for the elder child and postponing the application of the second child

Post by Globe Trotter » Sun Feb 09, 2020 9:51 pm

Many thanks geoeng for the clarification.

As my salary is not meeting the threshold to call my family of 3 members, I will apply for just my spouse and the eldest son (as he will be turning 18 within five months).
For the time-being, I will leave the second child behind (I will apply for the second child after 6 months).

In the above mentioned scenario:

1- Will Home Office raise any kind of objection as to why my second child of 12 years has been left behind and why have I not submitted the application for that child?

2- When I apply for that second child after 6 months, can that application be refused, on any grounds whatsoever?

Many thanks for your valuable guidance so far. It really saved a big disaster from happening!

geoeng
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by geoeng » Mon Feb 10, 2020 9:11 am

As this thread goes back to July, you've been aware of how to meet the financial requirement for more than 6 months and I'm a bit baffled why you're still having issues figuring out how to meet it. The situation you propose is getting rather complex and pushing my knowledge of the immigration rules, but here is my understanding:
Globe Trotter wrote:
Sun Feb 09, 2020 9:51 pm
1- Will Home Office raise any kind of objection as to why my second child of 12 years has been left behind and why have I not submitted the application for that child?
No promises, but seems unlikely.
Globe Trotter wrote:
Sun Feb 09, 2020 9:51 pm
2- When I apply for that second child after 6 months, can that application be refused, on any grounds whatsoever?
Any application can be refused if the requirements for that visa type are not met. Note that when you sponsor your second child, my understanding is the financial requirement will still be income of £24,800/year even if the first child is over 18 and will remain as such until your wife qualifies for settlement (Section 2.7 on page 7 of the Appendix FM financial requirement guidance provided previously).
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.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Thu Feb 13, 2020 1:18 am

Thanks geoeng for your valuable time and efforts for answering my queries.

I have visited quite a few well-known solicitors but none of them are aware of this clause of 'Specified Limited Company'. I was the one to make them aware of this clause. Then they suggested that I submit the application and in case of a rejection, go for an appeal and I will win this case.

Your timely information has saved me.

Now I know for sure that I will not be able to use the income from my brother's company to apply for my family. I may have to think of something else now.

God bless you and your clan!

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seagul
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by seagul » Thu Feb 13, 2020 9:27 pm

2.3 is more clearly confirming that it won't work.
The level of the financial requirement to be met in cases involving dependent children
varies and is determined by the number of children who already have leave, or are
applying for leave, at the date of application.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Companies not considered for employment.

Post by Globe Trotter » Mon Feb 24, 2020 11:13 am

Hi,
To meet the salary requirement, I have to submit 6 payslips that meets the salary threshold.

My query is:
1- Am I allowed to change companies during these 6 months? (i.e. 1 month in ABC company and then 5 months in XYZ company).
2- Are there any restricted companies whose salaries will not be taken into consideration (i.e. Umbrella Companies, Offshore Companies, IT companies etc.)?

Recently 'geoeng' gave me a valuable piece of guidance which even the solicitors are not aware of. Hence I want to be extra sure so that I do not take any wrong step.

Many thanks.

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seagul
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Re: Companies not considered for employment.

Post by seagul » Mon Feb 24, 2020 11:24 am

Globe Trotter wrote:
Mon Feb 24, 2020 11:13 am
Hi,
To meet the salary requirement, I have to submit 6 payslips that meets the salary threshold.

My query is:
1- Am I allowed to change companies during these 6 months? (i.e. 1 month in ABC company and then 5 months in XYZ company).
2- Are there any restricted companies whose salaries will not be taken into consideration (i.e. Umbrella Companies, Offshore Companies, IT companies etc.)?

.
1. Yes but then you have to switch into category B and supply 12 months of payslips.

2. No as long as this is from UK registered company based in UK.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Mon Feb 24, 2020 12:02 pm

Many thanks geoeng.

If I take the following scenario into consideration:
Feb - Payslips
Mar - Payslips
April - Payslips
May - Payslips
June - Payslips
July - Payslips

With the above scenario, can I still apply on 24th JULY (as I get the salary slips and salary on 24th of every month)?

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seagul
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by seagul » Mon Feb 24, 2020 12:42 pm

Globe Trotter wrote:
Mon Feb 24, 2020 12:02 pm


If I take the following scenario into consideration:
Feb - Payslips
Mar - Payslips
April - Payslips
May - Payslips
June - Payslips
July - Payslips

With the above scenario, can I still apply on 24th JULY (as I get the salary slips and salary on 24th of every month)?
Yes under category A. You will also need employer letter and corresponding bank statements.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Mon Feb 24, 2020 1:02 pm

Thanks geoeng.
The time that you spend helping the distressed is beyond words.
You are God sent.
May the almighty bless you and your clan!

geoeng
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by geoeng » Mon Feb 24, 2020 1:26 pm

Last couple weren't me :lol:
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.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Sun Mar 01, 2020 1:55 am

Hi,
I am on ILR and I will be calling my spouse and dependents on the basis of my current job that meets the salary threshold.
In this case, what are the chances of Home Office conducting my interview / phoning my employer or in worst scenario visiting my place of work?

Thanks.

geoeng
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by geoeng » Mon Mar 02, 2020 9:22 am

Globe Trotter wrote:
Sun Mar 01, 2020 1:55 am
In this case, what are the chances of Home Office conducting my interview / phoning my employer?
There is a chance, though I'm not sure the likelihood is confidently quantifiable. Probably best to assume they might. Best advice is not to lie or provide any misleading information. There is much information available to the Home Office to conduct the checks they consider necessary.
Globe Trotter wrote:
Sun Mar 01, 2020 1:55 am
in worst scenario visiting my place of work?
This seems unlikely and I'm not aware of any cases where it has occurred (obviously others might be).
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.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Thu Mar 05, 2020 1:35 am

Many thanks geoeng for the revert.

I have an option available to me but before applying I want to have a second opinion.

For 4 years I was the Director of XYZ company (but not the share holder).

The Payslips that I will use while working as a Director are as under:
Sep 2019
Oct 2019
Nov 2019
Dec 2019
Jan 2020

I resigned from my Directorship of XYZ company on 31st Jan 2020. (Companies House shows my status as resigned on 31st Jan 2020).
P45 was also issued that showed my last date of working as 31st Jan 2020.

But without any break I continued in the same company XYZ, but as a Business Advisor.

The Payslip that I will use while working as a Business Advisor is as under:
Feb 2020

On the basis of these 6 payslips can I call my dependents to UK (if the salary threshold is met)?

If the answer is yes, under which category?

geoeng
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by geoeng » Thu Mar 05, 2020 8:49 am

Globe Trotter wrote:
Thu Mar 05, 2020 1:35 am
On the basis of these 6 payslips can I call my dependents to UK (if the salary threshold is met)?

If the answer is yes, under which category?
If you were the director or employee of a specified limited company (as defined in at least 2 other posts on this thread), then your income will be considered under Category F or G. If you received a salary as the director of a company of a type other than those specified, your income can be considered under Category A or B. The requirements for Category A and B have been previously posted and evidence of the type of company must be also provided in the case that you are using salary as a director; you would also have to be in ongoing salaried employment with that employer at the date of application.

So, to summarise, same answer as you have been provided previously when you have asked the same question. If you haven't already, I strongly suggest a thorough read of the guidance document linked below to ensure you are able to meet the relevant financial requirement and provide all necessary supporting documentation for the applicable category.
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.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Mon Mar 09, 2020 2:55 am

Thanks Geoeng for taking time out to reply.

And apologies for not making myself clear.

Putting it simply, I have resigned from the post of Director and started working for the same company as a Business Adviser.

That means I was in Category F but I resigned and hence became Category B, but without any break in salary and that too in the same company.

So can I combine Category F and Category B to meet the income threshold?

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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by MobeenSaeed » Mon Mar 09, 2020 4:19 am

Globe Trotter wrote:
Mon Mar 09, 2020 2:55 am
So can I combine Category F and Category B to meet the income threshold?
https://assets.publishing.service.gov.u ... -ext_1.pdf

Page 18 will answer this, which is, yes, you can.

geoeng
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by geoeng » Mon Mar 09, 2020 9:08 am

Globe Trotter wrote:
Mon Mar 09, 2020 2:55 am
And apologies for not making myself clear.
No need to apologise, you made the situation quite clear.
Globe Trotter wrote:
Mon Mar 09, 2020 2:55 am
That means I was in Category F but I resigned and hence became Category B, but without any break in salary and that too in the same company.

So can I combine Category F and Category B to meet the income threshold?
If you remain an employee of a specified limited company, your income will only be considered under Category F or G. If you were employed by a company other than the type specified, you can combine your employment income with that earned under Category F; however, "these sources of income must fall within the relevant financial year(s) in order to be included. Under Category F or Category G, all sources of income must fall within the financial year(s) relied on and must still be a source of income at the time of application."

My understanding is you can't simply switch and combine income under Category F and G the way you have described. Again, double check that the company you were a director of would fall within the criteria for a specified limited company and have a read of the guidance document.
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.

Globe Trotter
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Documents for calling dependents from non EU country

Post by Globe Trotter » Mon Jun 22, 2020 2:21 pm

Hi,

I have compiled the following list of documents required for bringing the family from a non-EU country. Can you please advise if it is correct or am I missing out on some documents.

1- Passport copies of all applicants
2- Passport copy and visa copy of sponsor
3- English language certificate (NARIC comparison) for spouse
4- Tuberculosis certificate for all applicants
5- Marriage certificate
6- Birth certificate of children
7- Wedding photographs
8- Western Union money transfer receipts (money sent to home country for family maintenance) as proof of ongoing relationship
9- Six months payslips of the sponsor
10- Six months bank statements of the sponsor
11- Letter from employer confirming the person’s employment and gross annual salary; the length of their employment; the period over which they have been or were paid the level of salary relied upon in the application; and the type of employment (permanent, fixed-term contract or agency)
12- Tenancy agreement of the accommodation
13- Property assessment report of the accommodation

I am not sure if these two documents are required:
14- School leaving certificate
15- Letter from school stating that the kids have completed the term and that going abroad will not result in a loss of term or effect their studies

Thanks,
Globe Trotter

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Re: Documents for calling dependents from non EU country

Post by seagul » Mon Jun 22, 2020 2:51 pm

Globe Trotter wrote:
Mon Jun 22, 2020 2:21 pm

7- Wedding photographs
8- Western Union money transfer receipts (money sent to home country for family maintenance) as proof of ongoing relationship
How about the whatsapp/other social media messenger/app's chat/call logs, entry/exit stamps etc
Globe Trotter wrote:
Mon Jun 22, 2020 2:21 pm

12- Tenancy agreement of the accommodation
13- Property assessment report of the accommodation
Landlord's noc letter
Globe Trotter wrote:
Mon Jun 22, 2020 2:21 pm
I am not sure if these two documents are required:
14- School leaving certificate
15- Letter from school stating that the kids have completed the term and that going abroad will not result in a loss of term or effect their studies
Won't be needed unless the generic checklist asks
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Fri Jun 26, 2020 6:08 pm

Many thanks Seagul for your valuable inputs.

Any suggestion on what should be the content of 'Landlord's NOC letter' (as he is already giving a tenancy agreement).

Regards.

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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by seagul » Fri Jun 26, 2020 6:25 pm

Globe Trotter wrote:
Fri Jun 26, 2020 6:08 pm
Many thanks Seagul for your valuable inputs.

Any suggestion on what should be the content of 'Landlord's NOC letter' (as he is already giving a tenancy agreement).

Regards.
There is no fixed template and it just need to be written succinctly where landlord/estate agent explicitly gives permission to other partner too to reside there. Also it should also confirm that there wouldn't be any overcrowding with this arrangement.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Sat Jun 27, 2020 4:38 pm

Thanks Seagul.

Very well explained.

Now I know where to start.

Regards.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Sun Jun 28, 2020 1:58 pm

Hi,

I am on ILR and will be calling my family from home country; in this scenario what will be the visa category known as?

Is it PBS or is there some other official name for it?

Regards,

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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by seagul » Sun Jun 28, 2020 2:00 pm

Globe Trotter wrote:
Sun Jun 28, 2020 1:58 pm
Hi,

I am on ILR and will be calling my family from home country; in this scenario what will be the visa category known as?

Is it PBS or is there some other official name for it?

Regards,
Definitely it wouldn't be PBS. It will be something "settlement" / "joining partner or husband"
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Globe Trotter
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Re: Actual Salary versus Employment Contract - To meet salary threshold

Post by Globe Trotter » Sun Jun 28, 2020 2:02 pm

Thanks seagul.

And which form do I have to fill for this application?

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