Spouse Visa Financial Requirements - Category A or B?

[Dootz101]

Hi,

I'm an English national married to a Nepali. I hope to bring my wife to UK soon. I'm quite confused regarding the financial requirements. I've worked at the same company for 15 years and my salary is £18500 plus yearly bonus of about £3000 a year and some overtime. I've had two pay rises in the last 6 months.

My last 12 months payslips look like this:

September 2019 1541.67
August 2019 1541.67
July 2019 1541.67 + £2000 bonus
June 2019 1458.34
May 2019 1458.34
April 2019 1458.34
March 2019 1337.50 + £3200 bonus
Feb 2019 1337.50 + Overtime 834.74
January 2019 1337.50
December 2019 1337.50 + Overtime 164.62
November 2019 1337.50 + Overtime 176.37
October 2019 1337.50 + Overtime 176.37

Which category should i file under?

Thanks

Simon

[seagul]

September 2019 1541.67
August 2019 1541.67
July 2019 1541.67 + £2000 bonus
June 2019 1458.34
May 2019 1458.34
April 2019 1458.34

You seems a salaried person who earns bonuses as well. Therefore under category A above months will be counted if you choose to apply now.

1458.34*12= 17500.03

2000/6*12= 1000
18500.03

You are short by 100 for which you have to use your savings or by doing some overtime or wait another 3 months with same wages & bonuses.

or Apply under category B which will enable you meet the requirement

[Dootz101]

But category b states in 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). '

What does this mean? Why provide 12 months payslips if they're only going to use your latest payslip to work out your salary? My salary would still be 18500? Have i read this wrong?

[seagul]

But category b states in 5.3.7



What does this mean? Why provide 12 months payslips

Because

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);

In my view you might fail in category B too because they will consider your latest salary at the time of application which is 1541.67 which should be at least 1550. But again the same shortfall you can cover through savings.

[Dootz101]

I don't have savings so basically i need to ask my boss for a £100 payrise otherwise i'll have to wait another 7 months for another pay rise.

[seagul]

I don't have savings so basically i need to ask my boss for a £100 payrise otherwise i'll have to wait another 7 months for another pay rise.

yes then you can easily meet the criteria. Despite category B seems failing but there is risky trick which isn't inappropriate which is as you are receiving bonuses and undertaking overtimes too and if your employer letter state your total wages of the last 12 months only by adding your overtime & bonuses then it may work based on none-salaried person approach instead salaried person (Take that risk only if your boss cant offer you immediate payrise/you cant afford wait).

[Dootz101]

September 2019 1541.67
August 2019 1541.67
July 2019 1541.67 + £2000 bonus
June 2019 1458.34
May 2019 1458.34
April 2019 1458.34

You seems a salaried person who earns bonuses as well. Therefore under category A above months will be counted if you choose to apply now.

1458.34*12= 17500.03

2000/6*12= 1000
18500.03

You are short by 100 for which you have to use your savings or by doing some overtime or wait another 3 months with same wages & bonuses.

or Apply under category B which will enable you meet the requirement

If I wait three months? Then my last 6 months pay slips will look like this. I can file under category a?

December 2019 1541.67
November 2019 1541.67
October 2019 1541.67
September 2019 1541.67
August 2019 1541.67
July 2019 1541.67 + £2000 bonus

1541.6*12= 18500.03

2000/6*12= 1000
19500.03

How do the home office calculate bonus payment? I cannot find anything on their website which explains calculating bonuses?

[Dootz101]

I think you miscalculated my bonus payment.

It should be 2000/6 X 12 = 4000. I think this is correct. If this calculation is correct then I can apply immediately under category A.

I just looked at this thread.

immigration-for-family-members/spouse-v ... 00642.html

[seagul]

Correct. 1541.6*12= 18500.03
Bonus= 2000/6*12= 4000

Then you can easily meet the requirement . I couldn't multiply by 12 in hurry although written it.

[Korekt]

I'm an English national

You probably mean a UK national.

My last 12 months payslips look like this:

December 2019 1337.50 + Overtime 164.62
November 2019 1337.50 + Overtime 176.37
October 2019 1337.50 + Overtime 176.37

You probably mean 2018.