Spouse visa Financial Requirement and other questions

[Abuhaneefah]

This is my first post on this forum and I hope you wonderful people will be able to help:

According to: Appendix FM 1.7: Financial Requirement August 2015

5.3.10. So, under Category B, the assessment of the financial requirement is based on:
(1) The gross annual salary or income from salaried or non-salaried employment at the
date of application. This source can be combined with Category C: non-employment
income, Category D: cash savings and Category E: pension; and
(2) The actual amount of gross income received from any salaried or non-salaried
employment in the 12 months prior to the application. This can be combined with the
actual gross income received from Category C: non-employment income and
Category E: pension over the same 12-month period. Category D: cash savings
cannot be used under (2)

I started a job with the salary of 55,000 GBP on January 25th 2016 (I will receive my first payslip Feb 26 -2016) so I think point 1 is covered.
I will also provide the employment contract that specifies the salary.

In regards to point 2.

I was out of work between September 2015 and January 2016, I got married in November 2015 and most of the period that I was not working was spent in Bangladesh with my wife.

I have a P45 from September 2015 stating that I had earned 25907.08 (for that tax year)

I also have payslips that come to a total of 17,014 from 2 different employers (I left one job in July and started with a new employer)
The problem is that I am missing the payslips April 2015 and July 2015.
The July payslip was not provided to me and I lost the April one during a house move.
I have contacted my previous employer but they refuse to give me either of the payslips.
The have provided an email confirming what they paid me in July.

The money was always paid into my bank account and I have the amounts on my bank statement.
The February payslip will also take me above the 18,600 threshold.

I intend to make my application on the 1st of March 2016 - when all of my other documents should be in place.

I also have another question about getting my passport copied and certified.
What does this usually cost? I read on here that we need to copy every page of the passport and get it signed, I think solitiors charge around 5 pounds per page, is this correct?

Many thanks in advance for you help.

[Abuhaneefah]

Bump

Can anyone help?

[CR001]

Your payslips need to be 6 and/or 12 consecutive months, without a gap in employment.

Post Office also certifies documents.

[Abuhaneefah]

Your payslips need to be 6 and/or 12 consecutive months, without a gap in employment.

Post Office also certifies documents.

Thanks for your reply.
That's not what the paper says. It just states that 18600 needs to have been earned in the 12 month period.
There is nothing from what I have read that says that there can't be a break in employment.
I left my job, went abroad and got married there and spent some time with my new wife.

5.3. Category B: Less than 6 months with current employer or
variable income – person residing in the UK
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are
in the UK with permission to work) is in salaried or non-salaried employment at the date
of application, but has not been with the same employer and/or not earning the income
level relied upon in the application for at least 6 months prior to the date of application. It
can therefore be used by those who have been with their current employer for less than
6 months, or who have been with their current employer for at least 6 months but
earning a variable income and wish to be considered in this category rather than under
Category A.
5.3.2. Where the applicant wishes to rely on their own employment income (where they are in
the UK with permission to work) as well as that of their partner, the employment andnon-employment income of both parties must be calculated under Category A or
Category B; those categories cannot be used in combination. See example (d) below.
5.3.3. Under Category B, the financial requirement must be met and evidenced in two parts.
5.3.4. First, where the applicant’s partner and/or the applicant (if they are in the UK with
permission to work) is in salaried employment at the date of application and has been
with the same employer, or earning the amount relied upon, for less than the last 6
months, they can count the gross annual salary at the date of application towards the
financial requirement. There is no required minimum period for this current employment,
provided that the requirements for specified evidence under paragraph 2 of Appendix
FM-SE can be met in respect of it.
5.3.5. Gross income from non-salaried employment will be counted on the same basis as
income from salaried employment where the person has been with the same employer,
or earning the amount relied upon, for less than 6 months at the date of application.
5.3.6. Non-salaried employment includes that paid at an hourly or other rate (and the number
and/or pattern of hours required to be worked may vary) or paid an amount which varies
according to the work undertaken. Salaried employment includes that paid at a minimum
fixed rate (usually annual) which is usually subject to a contractual minimum number of
hours to be worked.
5.3.7. The only difference in Category B between salaried and non-salaried employment is
how gross annual salary or employment income at the date of application is calculated:
Where the person is in salaried employment – the level of gross annual salary will be
as at the date of application. This must be evidenced by the latest payslip or the signed
contract of employment (if a payslip does not provide this information).
Where the person is in non-salaried employment – the level of gross annual
employment income relied upon in the application can be no greater than the annual
equivalent of the person’s average gross monthly income from non-salaried employment
in the 6 months prior to the date of application, regardless of whether that employment
was held throughout that period. The calculation will include all non-salaried employment
undertaken during that 6 month period, and will be calculated over that 6 month period
regardless of how much of that period was spent in employment.
To calculate this annualised average for non-salaried employment in Category B the
following calculation should be used:
(Total gross income from non-salaried employment undertaken during the 6 month
period, divided by 6) multiplied by 12 = Income from non-salaried employment that can
be counted towards the financial requirement.
5.3.8. If necessary to meet the level of the financial requirement applicable to the application,
the applicant can add to this:
 The gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly in the 12 months prior to the
application, provided they continue to own the relevant asset (e.g. property, interest
from shares) at the date of application;
 An amount based on the cash savings above £16,000 held by the applicant’s
partner, the applicant or both jointly for at least the 6 months prior to the date of
application and under their control. At the entry clearance/initial leave to remain
stage and the further leave stage, the amount above £16,000 must be divided by 2.5
(to reflect the 2.5 year or 30-month period before the applicant will have to make a
further application) to give the amount which can be added to income. At the
indefinite leave to remain stage, the whole of the amount above £16,000 can be
added to income; and/or
 The gross annual income from any State (UK or foreign) or private pension received
by the applicant’s partner or the applicant.
5.3.9. Second, the person must in addition have received in the 12 months prior to the
date of application the level of income required to meet the financial requirement,
based on:
 The gross amount of salaried or non-salaried employment income of the applicant’s
partner (in the UK or overseas) and/or the applicant (if they are in the UK with
permission to work);
 The gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own the
relevant asset (e.g. property, interest from shares) at the date of application; and/or
 The gross amount of any State (UK or foreign) or private pension received by the
applicant’s partner or the applicant.

[ajaybabu007]

I'm also in similar situation.Looking forward the responses from Admins..

Please advice us..

[Daywalkr]

Well it depends on what category u r applying.
Cat A or Cat B,

If u r applying in Cat A. You must show six months payslips (employment is not changed or u r working with them for a long period of time)

Cat B, where ur employment changes or income changes. In this cat u may rely on ur previous employment payslips covering 12 months or six months showing that u have earned min. threshold during that time. You will also need to submit further documents regarding ur employment changes such as contracts, employment letters, e.t.c.

I must advice you to consult a immigration advisor for his expert opinion. Do not rush. Very limited information is provided on forums regarding Cat B.

Thanks

[ajaybabu007]

Hi Abuhaneefah,

Did you get any immigration advice? I would like to contact you if you are ok to connect.


Cheers,