Spouse Visa - Category B

This is bound to be the most complicated case you guys have seen but your thoughts are invited. I will be sponsoring my spouse in the near future but I have been in the current job for less than six month. I am thinking of Category B. Work on the assumption that my current job annualised at more than 18,600.

For the previous 12 months my earning are as follows. I was on a zero hours contract as a consultant. There was no guarantee of work and I get paid for the work done. I participate in a Joint Share Ownership Plan with an Employee Investment Trust that jointly purchase shares in my employer. My weekly payslips look something like this:

Taxable pay: 268.00
Advance: 400.00

Assuming that I work all the weeks in the year, my income for the past 12 month would be 268 x 52 = 13,936 which is below the threshold.

The monies advanced to me would total 400 x 52 = 20,800

Throughout the last year my employers pay interim dividend along with a final dividend totalling 10,800. At the end of the tax year the Trust buys back my shares resulting in a Capital Gain of 10,000. Together these amounts, 10,000 + 10,800 = 20,800 is used to settle the amount advanced to me.

Let’s say that 268 after tax is 230, amounts paid into bank: 32,760 comprising 52 payments of 630 (230+400).

This arrangement confused my solicitor so I wonder how the HO bureaucrats will see this? Your thoughts are welcomed.

The problem for your solicitor is that he was trying to fit your circumstances under category B, but that was wrong as some of your earnings weren't . He first needed to establish that fact.

Sounds like you need to apply with category b and c combined. Look through section 6 of appendix 1.7 FM se, it should help hopefully.

It's quite difficult to understand your finances, I thought mine was bad with all the pay rises and drops.