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Spouse Visa extension - variable income question

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RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

spouse visa extension sponsor not working

Post by RedBlue » Sun May 10, 2020 9:20 pm

Hi Admins,

I have a question regarding my wife’s visa extension that expires in sept 2020. I’m a British citizen and currently out of job (Break) due to COVID - 19. My wife is currently working in her fathers company as a permanent employee for the past 2 years. She has been earning £20k for the past 11 months. I’m not sure when I will be back in a new job.

My questions
- Can she meet the financial requirements in Category A or any other category?
- or is her wages not valid as she works for a family member(Father)?

Can you pls confirm this and point me to the immigration rule.

Thanks in advance

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: spouse visa extension sponsor not working

Post by geoeng » Mon May 11, 2020 9:04 am

RedBlue wrote:
Sun May 10, 2020 9:20 pm
I have a question regarding my wife’s visa extension that expires in sept 2020. I’m a British citizen and currently out of job (Break) due to COVID - 19. My wife is currently working in her fathers company as a permanent employee for the past 2 years. She has been earning £20k for the past 11 months. I’m not sure when I will be back in a new job.

My questions
- Can she meet the financial requirements in Category A or any other category?
- or is her wages not valid as she works for a family member(Father)?
Your wife's income can be used towards the financial requirement. If she works for a company owned by her father, she would be considered employed by a specified limited company and her earnings would be considered under Category F. Note that for this category, it is the income received in the last full financial year of the company that can be applied towards the financial requirement rather than a period before the application date and that there must be ongoing evidence of employment. The amount of supporting documents that must be submitted with the application is significant as well. I would suggest having a read of Sections 9.7 and 9.8 from page 65 of the guidance document linked below and come back with any questions.

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.

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Spouse Visa extension - variable income question

Post by RedBlue » Mon May 11, 2020 1:21 pm

Hi Admins,

I have posted a question and cant find the post now so I have started a new thread, apologies if thats the wrong process here.

Background - Previous post/question was is it ok for my wife to use her pay for visa extension as she works in her fathers company - but one of the members replied that it was ok but lot of document required under Category F. So I have ditched that idea as I'm not very comfortable to request/dig into my father-in-laws company accounts. So just want to weigh my options here. Please bare with me if this is a long post.

My wife's visa expires on 09/2020 and Im planning to apply around 20th of August as I get paid every month approx between 10th to 14th of every month.

I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below

- Total amount for the last 12 months is over 18600 around 24k
- Total amount for the last 6 months (Mar-Aug) is approx 14k
- All gross payments reflect on my payslip and bank statement
- Last 12 months gross approximate wages
- Sept - 1150
- Oct - 1350
- Nov - 1200
- Dec - No pay
- Jan - 5900
- Feb - 1350
- Mar - 1200
- Apr - 1650
- May - 1250
- Jun - 7000
- Jul - 1250
- Aug - 1300

My Questions -
1. When is the earliest I can apply?
2. Is NET or GROSS wages counted towards the requirement?
3. Which category do I now fall under? Im thinking Category A non-salaried but not sure.
4. Do I have to show 6 months payslip or 12 months? - Please note I did not get paid in DEC.
5. Do i fall under Non-salaried or variable income. Which category. Very confused.

Thanks a lot in advance.

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CR001
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Location: London
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Re: Spouse Visa extension - variable income question

Post by CR001 » Mon May 11, 2020 1:23 pm

I have posted a question and cant find the post now so I have started a new thread, apologies if thats the wrong process here.
Topics Merge!! Your original topic was the 4th or 5th topic in the list!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Spouse Visa extension - variable income question

Post by seagul » Mon May 11, 2020 1:27 pm

RedBlue wrote:
Mon May 11, 2020 1:21 pm
Hi Admins,

I have posted a question and cant find the post now so I have started a new thread, apologies if thats the wrong process here.

Background - Previous post/question was is it ok for my wife to use her pay for visa extension as she works in her fathers company - but one of the members replied that it was ok but lot of document required under Category F. So I have ditched that idea as I'm not very comfortable to request/dig into my father-in-laws company accounts. So just want to weigh my options here. Please bare with me if this is a long post.

My wife's visa expires on 09/2020 and Im planning to apply around 20th of August as I get paid every month approx between 10th to 14th of every month.

I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below

- Total amount for the last 12 months is over 18600 around 24k
- Total amount for the last 6 months (Mar-Aug) is approx 14k
- All gross payments reflect on my payslip and bank statement
- Last 12 months gross approximate wages
- Sept - 1150
- Oct - 1350
- Nov - 1200
- Dec - No pay
- Jan - 5900
- Feb - 1350
- Mar - 1200
- Apr - 1650
- May - 1250
- Jun - 7000
- Jul - 1250
- Aug - 1300

My Questions -
1. When is the earliest I can apply?
2. Is NET or GROSS wages counted towards the requirement?
3. Which category do I now fall under? Im thinking Category A non-salaried but not sure.
4. Do I have to show 6 months payslip or 12 months? - Please note I did not get paid in DEC.
5. Do i fall under Non-salaried or variable income. Which category. Very confused.

Thanks a lot in advance.
1. 28 days before completing 30 months from the date being arrived to UK.
2. Gross
3. Category A assuming you are working for same employer from 6 months
4. 6 months
5. None-salaried
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Spouse Visa extension - variable income question

Post by geoeng » Mon May 11, 2020 2:02 pm

RedBlue wrote:
Mon May 11, 2020 1:21 pm
I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below
RedBlue wrote:
Sun May 10, 2020 9:20 pm
I’m a British citizen and currently out of job (Break) due to COVID - 19.
It's hard to give complete and accurate advice if you keep changing how you describe your current employment situation. You would have to be employed at the date of application with income meeting the financial requirement to use Category A or B.
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.

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Mon May 11, 2020 2:18 pm

geoeng wrote:
Mon May 11, 2020 2:02 pm
RedBlue wrote:
Mon May 11, 2020 1:21 pm
I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below
RedBlue wrote:
Sun May 10, 2020 9:20 pm
I’m a British citizen and currently out of job (Break) due to COVID - 19.
It's hard to give complete and accurate advice if you keep changing how you describe your current employment situation. You would have to be employed at the date of application with income meeting the financial requirement to use Category A or B.
Thanks for all the replies. As my work is client based and have not worked much of April and the reason I mentioned as a break but still employed with the same employer. I will still receive some some pay but not as much as i would expect.
So based on all replies and that Im employed at the the time of application i.e 20th August i can use Category A non salaried right. As long as my wages are over 10k for the last 6 months regardless of variable income, am I good to apply under Category A like mentioned in the earlier post?

Thanks in advance.

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Mon May 11, 2020 2:19 pm

seagul wrote:
Mon May 11, 2020 1:27 pm
RedBlue wrote:
Mon May 11, 2020 1:21 pm
Hi Admins,

I have posted a question and cant find the post now so I have started a new thread, apologies if thats the wrong process here.

Background - Previous post/question was is it ok for my wife to use her pay for visa extension as she works in her fathers company - but one of the members replied that it was ok but lot of document required under Category F. So I have ditched that idea as I'm not very comfortable to request/dig into my father-in-laws company accounts. So just want to weigh my options here. Please bare with me if this is a long post.

My wife's visa expires on 09/2020 and Im planning to apply around 20th of August as I get paid every month approx between 10th to 14th of every month.

I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below

- Total amount for the last 12 months is over 18600 around 24k
- Total amount for the last 6 months (Mar-Aug) is approx 14k
- All gross payments reflect on my payslip and bank statement
- Last 12 months gross approximate wages
- Sept - 1150
- Oct - 1350
- Nov - 1200
- Dec - No pay
- Jan - 5900
- Feb - 1350
- Mar - 1200
- Apr - 1650
- May - 1250
- Jun - 7000
- Jul - 1250
- Aug - 1300

My Questions -
1. When is the earliest I can apply?
2. Is NET or GROSS wages counted towards the requirement?
3. Which category do I now fall under? Im thinking Category A non-salaried but not sure.
4. Do I have to show 6 months payslip or 12 months? - Please note I did not get paid in DEC.
5. Do i fall under Non-salaried or variable income. Which category. Very confused.

Thanks a lot in advance.
1. 28 days before completing 30 months from the date being arrived to UK.
2. Gross
3. Category A assuming you are working for same employer from 6 months
4. 6 months
5. None-salaried
Thanks for the prompt response

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Spouse Visa extension - variable income question

Post by geoeng » Mon May 11, 2020 2:43 pm

RedBlue wrote:
Mon May 11, 2020 2:18 pm
So based on all replies and that Im employed at the the time of application i.e 20th August i can use Category A non salaried right. As long as my wages are over 10k for the last 6 months regardless of variable income, am I good to apply under Category A like mentioned in the earlier post?
Yes, provided you remained employed with the same employer for that six months as seagul mentioned and those wages applied to the six months prior to the application date.
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.

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Mon May 11, 2020 2:56 pm

geoeng wrote:
Mon May 11, 2020 2:43 pm
RedBlue wrote:
Mon May 11, 2020 2:18 pm
So based on all replies and that Im employed at the the time of application i.e 20th August i can use Category A non salaried right. As long as my wages are over 10k for the last 6 months regardless of variable income, am I good to apply under Category A like mentioned in the earlier post?
Yes, provided you remained employed with the same employer for that six months as seagul mentioned and those wages applied to the six months prior to the application date.
Thanks a lot for the advice guys. seagul and geoeng

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Tue May 12, 2020 4:15 pm

RedBlue wrote:
Mon May 11, 2020 1:21 pm
Hi Admins,

I have posted a question and cant find the post now so I have started a new thread, apologies if thats the wrong process here.

Background - Previous post/question was is it ok for my wife to use her pay for visa extension as she works in her fathers company - but one of the members replied that it was ok but lot of document required under Category F. So I have ditched that idea as I'm not very comfortable to request/dig into my father-in-laws company accounts. So just want to weigh my options here. Please bare with me if this is a long post.

My wife's visa expires on 09/2020 and Im planning to apply around 20th of August as I get paid every month approx between 10th to 14th of every month.

I a British citizen currently work for a company since Sept 2018, its client based work and I dont get paid a fixed amount and my income varies every month. Some facts below

- Total amount for the last 12 months is over 18600 around 24k
- Total amount for the last 6 months (Mar-Aug) is approx 14k
- All gross payments reflect on my payslip and bank statement
- Last 12 months gross approximate wages
- Sept - 1150
- Oct - 1350
- Nov - 1200
- Dec - No pay
- Jan - 5900
- Feb - 1350
- Mar - 1200
- Apr - 1650
- May - 1250
- Jun - 7000
- Jul - 1250
- Aug - 1300

My Questions -
1. When is the earliest I can apply?
2. Is NET or GROSS wages counted towards the requirement?
3. Which category do I now fall under? Im thinking Category A non-salaried but not sure.
4. Do I have to show 6 months payslip or 12 months? - Please note I did not get paid in DEC.
5. Do i fall under Non-salaried or variable income. Which category. Very confused.

Thanks a lot in advance.
Just one more question. Will the increase in gross of 7000 for the month of June cause any issue or raise any question even-though its genuine?

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Tue May 12, 2020 4:19 pm

Also, My wife entered the country on 30th Jan 2018 the earliest we can apply is July 2 2020 onwards? (30 days before 30 months from the date of entry)

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
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Re: Spouse Visa extension - variable income question

Post by seagul » Tue May 12, 2020 6:56 pm

RedBlue wrote:
Tue May 12, 2020 4:15 pm
Just one more question. Will the increase in gross of 7000 for the month of June cause any issue or raise any question even-though its genuine?
That unexpected aggrandizement over your wages obviously won't be ignored which must be itemized on the payslip as what is it actually such as bonuses, special allowance, wages arrears, compensation etc. If so then it might not cause any issue but UKVI caseworker might approach to you or your employer. Also UKVI liaise with HMRC as well.
RedBlue wrote:
Tue May 12, 2020 4:15 pm
Also, My wife entered the country on 30th Jan 2018 the earliest we can apply is July 2 2020 onwards? (30 days before 30 months from the date of entry)
Yes
https://www.timeanddate.com/date/datead ... ad=28&rec=
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

RedBlue
Junior Member
Posts: 95
Joined: Tue Mar 08, 2016 6:35 pm
India

Re: Spouse Visa extension - variable income question

Post by RedBlue » Wed May 13, 2020 6:04 pm

seagul wrote:
Tue May 12, 2020 6:56 pm
RedBlue wrote:
Tue May 12, 2020 4:15 pm
Just one more question. Will the increase in gross of 7000 for the month of June cause any issue or raise any question even-though its genuine?
That unexpected aggrandizement over your wages obviously won't be ignored which must be itemized on the payslip as what is it actually such as bonuses, special allowance, wages arrears, compensation etc. If so then it might not cause any issue but UKVI caseworker might approach to you or your employer. Also UKVI liaise with HMRC as well.
RedBlue wrote:
Tue May 12, 2020 4:15 pm
Also, My wife entered the country on 30th Jan 2018 the earliest we can apply is July 2 2020 onwards? (30 days before 30 months from the date of entry)
Yes
https://www.timeanddate.com/date/datead ... ad=28&rec=
Thank you!

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