Need some Clarification/Guidance over Spouse Visa

[knowpain]

Dear Members,

Assalam Alaikum and Hello,
First off thanks to everyone who contributes here. You people are very kind and helpful. I have been a silent member for years now but thought let me become a member .

Anyhow i have some questions to ask. Hopefully lovely people on this forum can help me and clear my confusion and doubts.

My Personal History
I am a Pakistani National Living in U.K from March 2006 so I am looking to complete 10 years route( all the stay is on student visa). But first problem is My college has expelled me due to bad attendance and they were meant to inform UKVI on 22nd December that they have expelled me. Due to Christmas + New Years Holidays I have not been able to go and ask in College if they have informed yet or not . So i dont know. But even if they have informed what is the next step ? Will I be receiving a 60 days notice from UkVI ? In which i can change my college or apply in any other category ? please clarify what is the process ?

Spouse Visa Route

I have been married in U.K from last 4 months and my wife is British National. I was planning to apply in Person appointment in next week but i am just unsure about few things.
She is currently working in NHS hospital and her Gross annual pay is £18370
She is also doing a second job to cover up the £18600 requirement and the Gross annual at second job is £3600
Total annual gross pay is £ 21900 . Which meets the financial requirement.

My problem is she started this second job since October. So we have 3 months payslips.
NHS she has been working since February 2014. But she was employed via an agency and hence agency was paying her. Only in October she got permenant contract from NHS and is employed with them directly again for last 3 months.

We meet the financial requirement. My Question is does she has to be employed with same Employer for last 6 months in order to apply for Category A or its just the financial threshold of £18600 we have to meet ??

Now another question arises that we can apply in Catergory B if their is a variable income and not employed for 6 months ?
But in Category B Home office needs 12 months payslips and bank statements and etc. But she has been working since February 2014 and hence we dont have 12 months Payslips. Can we still apply by showing Feb- Oct ( Agency payslips ) And Oct - Jan ( NHS + Second Job Payslip ) ???
And how will the £18600 financial requirement will be calculated in this scenario ???

And another thing is If i apply for FLR (fp) to elapse some time so that come end of March we can have 6 months payslips ready from (NHS + second job ) and 6 months employment and than apply for Flr (M) .

Thanks for reading. I know its a long story ... But i will really appreciate some help

[Rayking]

You shouldn't have waited before getting things sorted you know.
To your question, she doesn't have to be with one or same employer to apply under Cat A,just add income (gross not net) for each month and see if it's up to 18600.
About what will happen, you will definitely get a response but as long as your marriage is genuine, they really can't do much,your simple explanation is the fact that you're married and that affected your attendance as you have to attend to your wife too.
If you don't qualify on flr(m) you might on flr(FP)
I'm defo a baby in all this but hopefully, moderators and experienced member can add to this.

[knowpain]

You shouldn't have waited before getting things sorted you know.
To your question, she doesn't have to be with one or same employer to apply under Cat A,just add income (gross not net) for each month and see if it's up to 18600.

The Gross income as i have added in first post does add up to more than £18600. If i add from July - December payslips and Gross yes.
But in the form it states Clearly that you have to be in employment for continues period of 6 months with same employer to be able to apply for Category A... My understanding is that we have to only meet financial requirement.. But i think 6 months is a must as well. So i need clarity on that

About what will happen, you will definitely get a response but as long as your marriage is genuine, they really can't do much,your simple explanation is the fact that you're married and that affected your attendance as you have to attend to your wife too.
If you don't qualify on flr(m) you might on flr(FP)
I'm defo a baby in all this but hopefully, moderators and experienced member can add to this.

Thanks for the response though much appreciated. And yeah our marriage is genuine. I just need to figure out what is the best way to go about things right now.

[Rayking]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

[knowpain]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

[physicskate]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

Has she earned over £18,600 since Feb 2014? Really, if you apply at the end of this month (Jan 2015) that will be 12 pay slips! Will she have earned over £18600 in those pay slips? (Cat B)

I see no problem with you applying at the end of Jan.

Others might see it differently...

[Obie]

You will have to apply under FLR(FP) and vary to FLR(M) once you are able to have the necessary documents or payslips in March .

FLR(M) is likely to fail.

[Rayking]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

You can apply under cat B,the rule says income in the last 12 month,some can actually have 18600 within 3 months,depending on salary or income,if you add up and it's 18600,then you should be Ok. It doesn't mean the pay slips must be 12,anyone can correct this if I'm wrong though.
Secondly,you can add your income if you've been doing the numbers of hours your visa allowed and you haven't broken that in any way.

[Obie]

Well it has to be income over the relevant 12 month, which could in actual fact mean providing payslips covering 12 months.

But if she is well off, then it could be less payslips over a 12 months period.

I agree that he may qualify under Category B, if the earning over the preceding 12 months exceeds the income threshold, which seems to be the case her, as she got another job 3 months ago. Therefore this requirement.

I suspect a combination of payslips or P60 and Payslips will be needed for this purpose.

Thanks Rayking, as my mind was affixed on Category A.

[Rayking]

Thanks for certifying that,you know I'm learning from you bosses!

[knowpain]

Well it has to be income over the relevant 12 month, which could in actual fact mean providing payslips covering 12 months.

But if she is well off, then it could be less payslips over a 12 months period.

I agree that he may qualify under Category B, if the earning over the preceding 12 months exceeds the income threshold, which seems to be the case her, as she got another job 3 months ago. Therefore this requirement.

I suspect a combination of payslips or P60 and Payslips will be needed for this purpose.

Thanks Rayking, as my mind was affixed on Category A.

Thanks for the input but upon calculation and everthing my Wife's income does not come close to £18600 even if i include the last 10 months Payslips (feb-dec) ... Because she was working in NHS but on the payroll of agency. Althought agency have given the letter she earned £21000 something. But the gross pay on payslip is alot less due to the fact agency kept their chunk of money.
Its like saying I pay you £9 but in reality you pay me £6.50 after agency deductions etc ... But home office wont accept that.

In Short... She wont qualify for Category B untill End of March... by then we will have 6 months Payslips from NHS direct and from second job. So Nhs on average per month is £1500 gross and second job is £300.. So £1800 x 6 months will be = £10800 ( more than £9300 - half of £18,600 )

So for now my best bet is to wait until end of march and than apply for FLR (M) direct on Category A ....

But in the mean time i have a problem that I need to borrow sometime until March...

So can someone clarify me If lets say i apply for Flr (fp) for now and than come end of March i book an in person appointment for say 5th April to go and apply. Can i pull out of Flr (fp) and go for flr (m) by that time .....
Given the fact my College will inform UKVI and i might get 60 days notice by that time ???? As of today they have not informed UKVI just yet.

[knowpain]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

You can apply under cat B,the rule says income in the last 12 month,some can actually have 18600 within 3 months,depending on salary or income,if you add up and it's 18600,then you should be Ok. It doesn't mean the pay slips must be 12,anyone can correct this if I'm wrong though.
Secondly,you can add your income if you've been doing the numbers of hours your visa allowed and you haven't broken that in any way.

UKVI is very unconsistent and they even dont know how to apply the rules properly. If they have said 12 months payslips in Cat B than they might just stick to that saying show us 12 months regardless of if you even have earned more than £30,000 in that period. Thats just my understanding....

And i was not allowed to work for whole of last year in my Visa rights so i cant show any income from my end sadly.

As it stands i feel i might have to apply for FLR (fp) and come end of march go for FLR(M) ????

[SoHopeful]

If you are allowed to work your income can also count towards the requirement.

[knowpain]

If you are allowed to work your income can also count towards the requirement.

But i am not allowed to work on my Student Visa sadly.

[philemon_bodiba]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

You can apply under cat B,the rule says income in the last 12 month,some can actually have 18600 within 3 months,depending on salary or income,if you add up and it's 18600,then you should be Ok. It doesn't mean the pay slips must be 12,anyone can correct this if I'm wrong though.
Secondly,you can add your income if you've been doing the numbers of hours your visa allowed and you haven't broken that in any way.

It actually means the payslips must be 12. The submission of three payslips showing £18 600 or even £1 000 000 in either Category will only make the ECO's job very easy - A visa application will be refused.

[philemon_bodiba]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

You can apply under cat B,the rule says income in the last 12 month,some can actually have 18600 within 3 months,depending on salary or income,if you add up and it's 18600,then you should be Ok. It doesn't mean the pay slips must be 12,anyone can correct this if I'm wrong though.
Secondly,you can add your income if you've been doing the numbers of hours your visa allowed and you haven't broken that in any way.

[philemon_bodiba]

Yeah,she's got to be in continuous employment for 6 month to qualify for that.

Thanks for that. So that means I cant apply for Category A until the 6 months are complete.
What is the other option i have than ? Category B but than she is working since february 2014 so until december we have 10 months payslip to date not 12 months.

You can apply under cat B,the rule says income in the last 12 month,some can actually have 18600 within 3 months,depending on salary or income,if you add up and it's 18600,then you should be Ok. It doesn't mean the pay slips must be 12,anyone can correct this if I'm wrong though.
Secondly,you can add your income if you've been doing the numbers of hours your visa allowed and you haven't broken that in any way.