Mr Dee Struction's variable income. 6 months or 12 months?

Don't worry, I know this is guidance only, and oisc advisor / solicitor etc.

Just though there would be a bit precise guidance to my very precise query.

Thanks to everyone who has contributed.

So, what I have gathered and learned is, Mr Dee Struction does not meet cat A requirements, but then I found out that he does meet cat A requirement, before finding out that he does not meet cat A requirement and must apply under cat B, before finally finding out that he can actually fit into cat A.

Ayyubi72 wrote:So, what I have gathered and learned is, Mr Dee Struction does not meet cat A requirements, but then I found out that he does meet cat A requirement, before finding out that he does not meet cat A requirement and must apply under cat B, before finally finding out that he can actually fit into cat A.

No one has said for certain that this hypothetical person fits into any Category for sure. It all depends whether his income is salaried or not, if you answer that question you can get a precise reply!

is he guaranteed minimum hours or minimum gross pay every month? if not, then he's in non-salaried employment.

Ayyubi72 wrote:Mr Dee Struction is a working full time. He is employed by the same employer for more than 6 months . He does not get a fixed salary. His wages vary every month based on the hours he has worked and overtime etc.

In past six months Mr Dee struction has earned the following amounts

Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

Total £ 9600

Now, can he submit just 6 months wage slip and bank statements for his spouse's visa because 9600 divided by 6 and multiplied by 12 is equal to 18600,

Or does he need to submit 12 months proofs.

thanks

From my very first post I have clearly mentioned that mr Dee Struction gets paid according to the hours worked every month. If he was on salary he won't be getting paid according to hours worked, he will be on "salary".

suraj4utd wrote:is he guaranteed minimum hours or minimum gross pay every month? if not, then he's in non-salaried employment.

There we are. This is most likely the accurate answer.

Ayyubi72 wrote:

suraj4utd wrote:is he guaranteed minimum hours or minimum gross pay every month? if not, then he's in non-salaried employment.

There we are. This is most likely the accurate answer.

As long as his letter from employer states that his working hours varies each month then you should be ok.

suraj4utd wrote:

Ayyubi72 wrote:

suraj4utd wrote:is he guaranteed minimum hours or minimum gross pay every month? if not, then he's in non-salaried employment.

There we are. This is most likely the accurate answer.

As long as his letter from employer states that his working hours varies each month then you should be ok.

Well I'm not sure that accurately describes someone who is non-salaried. I would be more inclined to count someone who worked for two months, then no work for a month, then further work for three, for example, as non-salaried. However, it's open for interpretation.

Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

atifalisheikh wrote:Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

D4109125 wrote:

atifalisheikh wrote:Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

Thanks for the prompt reply.My one job is weekly pay so I submitted 26 pay slips other one was monthly so I submit 5 payslips. Also the last payslip (March 2013)shows 14000+ gross I have already earned from April 12 to mar 13 ,It still require 52 payslips or not.

D4109125 wrote:

Ayyubi72 wrote:

D4109125 wrote:

Ayyubi72 wrote:Month 1 £ 1600
Month 2 £ 1500
Month 3 £ 1400
Month 4 £ 1400
Month 5 £ 1600
Month 6 £ 2100

I think I recall that intitially under cat A if Mr Dee Structions income was as above, then they would only calculate as
1400 x 6= 8400 (sponsor fails cat A criteria).

But what I see now under the examples, they only say that if someone has been with same employer for six months or more then the formulae to be used is simply,

Add six monthly amounts
Now divide by 6, and multiply by 12.

No, cat a would be either the lowest wage slip in last 6 months / 6 x 12 as for salaried income you must meet the amount you are relying on every month. For non salaried it would be 6 months gross wage divided by 6 x 12.

But above you mentioned that it would.

And in 5.1.3 it says

Total gross income from employment held
throughout the 6 month period, divided by 6) multiplied by 12 = income from non - salaried employment that can be counted towards the
financial requirement.

Yes, but the income is salaried (I am assuming) so for cat a salaried income it is the lowest month's gross wage slip in the preceding 6 months multiplied by 12. If you don't meet the requirements for cat a then you need to try cat b (varied income) but will be needing the last 12 months wage slips.

You need to supply the specified evidence as per the link I posted above at page 26. For CAT B that includes 12 months wage slips and corresponding bank statements.

D4109125 wrote:

atifalisheikh wrote:Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

Do they accept further documents after submitting the application ,like I have bank statements and can arrange another 26 weeks payslips.

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

Do they accept further documents after submitting the application ,like I have bank statements and can arrange another 26 weeks payslips.

If you can get the documents sent in via recorded delivery before a decision is made they can put the evidence together. You would need to write a covering letter asking them to do this. If you can get certified copies that would also be good just in cast they're lost.

D4109125 wrote:

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:Hi
I am new to this forum.I am bit confused with regards to my case:I have already applied for spouse visa.
Visa Type: Spouse
Date applied: 02/04/2013
Date forward to Oc: 02/04/2013
Date in process: 16/04/2013.

I have 2 jobs: 1 is 10 years old 20 hrs per week contract and I do overtime so my salary is variable,In last 12 months I have earned 14000.00 and from 2nd job which is 5 months old I have earned 6000 Pounds. So the total is 20000 pounds earned so far at the time I applied.I applied in Cat B.I only supplied 6 months wages slips of job 1 , 5 months wages of job 2 and 6 months bank statement.
because I applied in end of March so my last wage slip shows gross income earned 14000+. of job 1.and same 6000 of job2.
Iam not sure is it right or not.Can any one help.

You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

Do they accept further documents after submitting the application ,like I have bank statements and can arrange another 26 weeks payslips.

If you can get the documents sent in via recorded delivery before a decision is made they can put the evidence together. You would need to write a covering letter asking them to do this. If you can get certified copies that would also be good just in cast they're lost.

thanks for the prompt reply.but another confusion:
1)Job 1 is more than 6 months its part time permanent fixed hrs of contract however I can do as much overtime I do i get according to per hr rate.So I get fix salary weather I go on sick or annual leave or what ever but I also do overtime every week which varies. So my question is my job is salaried or non salaried and other question is ,am I lie in Cat A or B.
2) My 2nd job is less than 6 month (5 months at the time of apply).From this employment as I get fix pay means my all 5 months pays were same amount which is 15000 per year.
I added up both employments which categories I lie on Cat A or Cat b.
remember my 1 job is more than 6 month and the other one is less than 6 months...
thanks

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:

D4109125 wrote:
You applied under cat B as your income was variable and also less than six months. You needed to have supplied the specified evidence as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary at page 26 that includes 12 months wage slips and the corresponding bank statements. I suggest you get the evidence to them before the case is decided.

Do they accept further documents after submitting the application ,like I have bank statements and can arrange another 26 weeks payslips.

If you can get the documents sent in via recorded delivery before a decision is made they can put the evidence together. You would need to write a covering letter asking them to do this. If you can get certified copies that would also be good just in cast they're lost.

thanks for the prompt reply.but another confusion:
1)Job 1 is more than 6 months its part time permanent fixed hrs of contract however I can do as much overtime I do i get according to per hr rate.So I get fix salary weather I go on sick or annual leave or what ever but I also do overtime every week which varies. So my question is my job is salaried or non salaried and other question is ,am I lie in Cat A or B.
2) My 2nd job is less than 6 month (5 months at the time of apply).From this employment as I get fix pay means my all 5 months pays were same amount which is 15000 per year.
I added up both employments which categories I lie on Cat A or Cat b.
remember my 1 job is more than 6 month and the other one is less than 6 months...
thanks

Whether you are salaried or non salaried if up to you to work out, though, it would appear salaried.

For the 6+ months job, you can apply under Cat A if in the last 6 months the lowest monthly wage x 12 (based on salaried income) meets the threshold you are relying on (£14000?). If not you can use Cat B where the income is varied.

For the less than 6 months job you have to use Cat B or wait till you have been employed for 6+ months.

You can combine Cat A and B. For Cat B, you would also need to show that in that last 12 months you have earned the threshold. Figures are Gross remember.

D4109125 wrote:

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:
If you can get the documents sent in via recorded delivery before a decision is made they can put the evidence together. You would need to write a covering letter asking them to do this. If you can get certified copies that would also be good just in cast they're lost.

thanks for the prompt reply.but another confusion:
1)Job 1 is more than 6 months its part time permanent fixed hrs of contract however I can do as much overtime I do i get according to per hr rate.So I get fix salary weather I go on sick or annual leave or what ever but I also do overtime every week which varies. So my question is my job is salaried or non salaried and other question is ,am I lie in Cat A or B.
2) My 2nd job is less than 6 month (5 months at the time of apply).From this employment as I get fix pay means my all 5 months pays were same amount which is 15000 per year.
I added up both employments which categories I lie on Cat A or Cat b.
remember my 1 job is more than 6 month and the other one is less than 6 months...
thanks

Whether you are salaried or non salaried if up to you to work out, though, it would appear salaried.

For the 6+ months job, you can apply under Cat A if in the last 6 months the lowest monthly wage x 12 (based on salaried income) meets the threshold you are relying on (£14000?). If not you can use Cat B where the income is varied.

For the less than 6 months job you have to use Cat B or wait till you have been employed for 6+ months.

You can combine Cat A and B. For Cat B, you would also need to show that in that last 12 months you have earned the threshold. Figures are Gross remember.

thanks
But it clearly states that you can not combine Cat A and Cat B.
If I apply 6+ months in cat A then calculation formula is different for this job and requirement is for 26 months payslips.
for my 2nd job I use cat B and I show 5 months payslips.
last 12 months income requirement is for only cat B job not for cat a job
so Iam confused which category I lie on: Although I have already applied and expecting answer this month.its just to prepare in case If i have to apply again then I know where I stand.
thanks

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:

D4109125 wrote:
thanks for the prompt reply.but another confusion:
1)Job 1 is more than 6 months its part time permanent fixed hrs of contract however I can do as much overtime I do i get according to per hr rate.So I get fix salary weather I go on sick or annual leave or what ever but I also do overtime every week which varies. So my question is my job is salaried or non salaried and other question is ,am I lie in Cat A or B.
2) My 2nd job is less than 6 month (5 months at the time of apply).From this employment as I get fix pay means my all 5 months pays were same amount which is 15000 per year.
I added up both employments which categories I lie on Cat A or Cat b.
remember my 1 job is more than 6 month and the other one is less than 6 months...
thanks

Whether you are salaried or non salaried if up to you to work out, though, it would appear salaried.

For the 6+ months job, you can apply under Cat A if in the last 6 months the lowest monthly wage x 12 (based on salaried income) meets the threshold you are relying on (£14000?). If not you can use Cat B where the income is varied.

For the less than 6 months job you have to use Cat B or wait till you have been employed for 6+ months.

You can combine Cat A and B. For Cat B, you would also need to show that in that last 12 months you have earned the threshold. Figures are Gross remember.

thanks
But it clearly states that you can not combine Cat A and Cat B.
If I apply 6+ months in cat A then calculation formula is different for this job and requirement is for 26 months payslips.
for my 2nd job I use cat B and I show 5 months payslips.
last 12 months income requirement is for only cat B job not for cat a job
so Iam confused which category I lie on: Although I have already applied and expecting answer this month.its just to prepare in case If i have to apply again then I know where I stand.
thanks

Where?

D4109125 wrote:

atifalisheikh wrote:

D4109125 wrote:

atifalisheikh wrote:
Whether you are salaried or non salaried if up to you to work out, though, it would appear salaried.

For the 6+ months job, you can apply under Cat A if in the last 6 months the lowest monthly wage x 12 (based on salaried income) meets the threshold you are relying on (£14000?). If not you can use Cat B where the income is varied.

For the less than 6 months job you have to use Cat B or wait till you have been employed for 6+ months.

You can combine Cat A and B. For Cat B, you would also need to show that in that last 12 months you have earned the threshold. Figures are Gross remember.

thanks
But it clearly states that you can not combine Cat A and Cat B.
If I apply 6+ months in cat A then calculation formula is different for this job and requirement is for 26 months payslips.
for my 2nd job I use cat B and I show 5 months payslips.
last 12 months income requirement is for only cat B job not for cat a job
so Iam confused which category I lie on: Although I have already applied and expecting answer this month.its just to prepare in case If i have to apply again then I know where I stand.
thanks

Where?

Income source chart its on page 13 on guidance note and also in application form its clearly states (Cat A or Cat B) not (Cat A and Cat B.)
quite confusing.Also In new guidance notes issued in April 13 ,doesnt say
it will pick lowest salary formula however in dec2012 notes it clearly states lowest salary formula for cat A.
(Total gross income from employment held throughout the 6 month period, divided by 6)
multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement
case study:Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= ((25 weeks x 450 + 1 week x 150) ÷ 6) x 12
= (11,400 ÷ 6) x 12
= £22,800
thanks

No, the table on pg 13 shows clearly that Cat A and Cat B can be combined. The calculation for salaried income under Cat A is the lowest month's gross income in the last 6 months x 12.

I am plannng to apply under Cat A non, salaried income as an agency worker. I was of the understanding that no matter what I earned from one week to the next, monthly I had to have a total of £1550+ to qualify . I have stuck to that, but this thread makes for interesting although quite confusing reading

For Cat A, I don't think salaried or unsalaried makes a difference, just the lowest monthly pay.

SoHopeful wrote:I am plannng to apply under Cat A non, salaried income as an agency worker. I was of the understanding that no matter what I earned from one week to the next, monthly I had to have a total of £1550+ to qualify . I have stuck to that, but this thread makes for interesting although quite confusing reading

For Cat A, I don't think salaried or unsalaried makes a difference, just the lowest monthly pay.

It does make a difference. For Cat A - non salaried income the calculation is 6 months gross wage divided by 6 multiplied by 12. Whereas, for salaried income it is the lowest monthly gross wage in the last 6 months x 12.

Well as I think already mentioned, not knowing what your pay will be one month to the next, annual gross is impossible to work out so no guarantees. It make more sense to do that the other way round.... as a salaried employee can say 'yes, this is my salary for the next 6 months unless contract changes'.

My basic contract is 18 hours but was offered full time and able to apply. I could drop back to 18 hours immediately after that six months used to calculate my annual gross