Spouse Visa to ILR

[Stevenuk]

Hello I need some advice the HR department is only willing to show my contracted hours on there letter for my wife's visa, however, if you add the pay and x it by 52 it does not meet the required £18,600 however because I do lots of overtime I can show in my payslips that over the last year I have earned over £18,600 thanks to overtime, so my question will the payslips be fine or will they have a problem that I do not earn over £18,600 from my basic pay shown on the HR letter, and so should also show saving ?

[Casa]

If you don't include the overtime, how much is the shortfall for meeting the £18,600 p.a in your earnings and how much do you have in savings?

[Stevenuk]

Only £119.20 short of £18,600 have just over £21,000 in savings in the bank for over 6 months, 12-month payslips show earnings of over £19,000

[Casa]

In which case, to be on the safe side I would apply with earnings + savings, assuming these have been held in an accessible account for at least 6 months.

[Stevenuk]

Thank you,

[Obie]

As a matter of law, you should still be fine, even the confirmed salary is lower than the total earned over the 6 months period.

Only salaried worker need to have their earnings consistent with the figure on the employer's letter.

[Stevenuk]

I thought I just checked as someone said to my wife she cannot do ILR, she entered the UK on a spouse Visa then after 2 1/2 years went onto an FLR(m) visa and now we are applying for ILR this ok right?

[Stevenuk]

Just to ask say I decided to do category D would they refuse the visa if they saw my wages were over the £18,600 and refuse me as I select the wrong category and could the same be true if I went with category B and they worked out I not over £18,600 and refuse the visa even though I put my saving documents in because I did not select category D.

[Casa]

Providing your wife has completed 5 years on her spouse visas, she can apply for ILR under SET(M).

[Stevenuk]

Spouse Visa for 2 1/2 years then after that went onto FLR(m) for another 2 1/2 years. Now going for FLR (m) this is ok, right ?

[Casa]

Spouse Visa for 2 1/2 years then after that went onto FLR(m) for another 2 1/2 years. Now going for FLR (m) this is ok, right ?

For clarity...your wife has been resident in the UK for 5 years? If so, she should be applying for ILR under SET(M)