Finance requirment - UK spouse visa question

[Karmy100]

Hi ,

I'm helping a friend with his application, can someone shed some light please.

My friend has 2 jobs, his primary job he earns £18341.30 per year and then he has a 2nd job he earns £98.40 per week(£8.20 per hour, sometimes he works overtime) .

In his primary job, he has 6 months payslip but for his 2nd job, he only has March, April and August 19. He also has P60 in april for both of his jobs which comes to around £21k.

I told him he meets the overall criteria as :

Primary job

£1528.40 - March
£1528.40 - April
£1528.40 - May
£1528.40 - June
£1528.40 - July
£1528.40 - August

total: £9170.40

Second job (weekly pay)
£150.32 - March 19
£233 - April 19
£196.80 - August 19
Total: £580.12

He did not work from May, June, July as he took unpaid leave.

£9170.40 + £580.12 = £9750.52 + 6 = £1625.08 x 12 months = £19,501.03

So the question is, will this be sufficient for him? I told him it shouldn't be any problem, but I said I will double check and get back to him.

thanks

[seagul]

If a person can't meet the financial requirement because of not earning sufficiently with one employer then he has to apply under category B where he must have earned £18600 during the last 12 months. Category B allows the mixture/aggregation of the employment income from all jobs.

[Karmy100]

If a person can't meet the financial requirement because of not earning sufficiently with one employer then he has to apply under category B where he must have earned £18600 during the last 12 months. Category B allows the mixture/aggregation of the employment income from all jobs.

Thank you for your time to reply back,

Yes over the last 12 months, he has earned more then £18,600. so does that means he meets the criteria?

[seagul]

If a person can't meet the financial requirement because of not earning sufficiently with one employer then he has to apply under category B where he must have earned £18600 during the last 12 months. Category B allows the mixture/aggregation of the employment income from all jobs.

Thank you for your time to reply back,

Yes over the last 12 months, he has earned more then £18,600. so does that means he meets the criteria?

Yes but apply under category B and supply 12 months of payslips from all jobs and corresponding bank statements

[Karmy100]

If a person can't meet the financial requirement because of not earning sufficiently with one employer then he has to apply under category B where he must have earned £18600 during the last 12 months. Category B allows the mixture/aggregation of the employment income from all jobs.

Thank you for your time to reply back,

Yes over the last 12 months, he has earned more then £18,600. so does that means he meets the criteria?

Yes but apply under category B and supply 12 months of payslips from all jobs and corresponding bank statements

Hi,

Please see below. This person has been at their current job for over 6 months and didn't change their job. He just didn't work in his 2nd job in May, June and July?.

As for Category A, can he provide 12 months worth of payslip etc? or Can he get an employment letter from the 2nd job which he works 12 hours a week, saying this employee took unpaid leave in May, June and July but resumed work in August?

Category A: income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work).

Category B: income from the same sources of category A, in case the sponsor (and/or applicant if in the UK with permission to work) has not been working for the same employer for at least 6 months.

[seagul]

As for Category A, can he provide 12 months worth of payslip etc? or Can he get an employment letter from the 2nd job which he works 12 hours a week, saying this employee took unpaid leave in May, June and July but resumed work in August.

For category A, he need to only provide 6 months of payslips but in his case his salary is low from 1st job, therefore, second job need to combine under category B as advised above. Yes he can attach employer letter from 2nd job to confirm that he was on unpaid leave.

[Karmy100]

As for Category A, can he provide 12 months worth of payslip etc? or Can he get an employment letter from the 2nd job which he works 12 hours a week, saying this employee took unpaid leave in May, June and July but resumed work in August.

For category A, he need to only provide 6 months of payslips but in his case his salary is low from 1st job, therefore, second job need to combine under category B as advised above. Yes he can attach employer letter from 2nd job to confirm that he was on unpaid leave.

Hi

Makes sense for 2nd job he needs last 12 months payslip but for 1st job he only need 6 months payslip. Is this correct?

Need 12 months bank statement too?

[seagul]

As for Category A, can he provide 12 months worth of payslip etc? or Can he get an employment letter from the 2nd job which he works 12 hours a week, saying this employee took unpaid leave in May, June and July but resumed work in August.

For category A, he need to only provide 6 months of payslips but in his case his salary is low from 1st job, therefore, second job need to combine under category B as advised above. Yes he can attach employer letter from 2nd job to confirm that he was on unpaid leave.

Hi

Makes sense for 2nd job he needs last 12 months payslip but for 1st job he only need 6 months payslip. Is this correct?

Need 12 months bank statement too?

No. He needs 12 months of payslips from 1st job and then add all payslips whatever he has from his 2nd job. Since his payslips from 2nd job has gaps due to unpaid leave then add the employer letter about it. Most importantly make sure that he has earned at least £18600 during the last 12 months through all jobs and secondly he has at least earned £9300 during the last six months through all jobs.

[seagul]

Yes 12 months of corresponding bank statements

[Karmy100]

As for Category A, can he provide 12 months worth of payslip etc? or Can he get an employment letter from the 2nd job which he works 12 hours a week, saying this employee took unpaid leave in May, June and July but resumed work in August.

For category A, he need to only provide 6 months of payslips but in his case his salary is low from 1st job, therefore, second job need to combine under category B as advised above. Yes he can attach employer letter from 2nd job to confirm that he was on unpaid leave.

Hi

Makes sense for 2nd job he needs last 12 months payslip but for 1st job he only need 6 months payslip. Is this correct?

Need 12 months bank statement too?

No. He needs 12 months of payslips from 1st job and then add all payslips whatever he has from his 2nd job. Since his payslips from 2nd job has gaps due to unpaid leave then add the employer letter about it. Most importantly make sure that he has earned at least £18600 during the last 12 months through all jobs and secondly he has at least earned £9300 during the last six months through all jobs.

Hi seagul

I need your help again, my friend had a discussion with the lawyer regarding applying category A / B.

Basically my friend had applied before but got rejected due to the wrong ielts. Can’t appeal as his spouse test is after the 28 days mark.

Anyways, when he first applied he provided both jobs 6 months payslip etc and everything was fine.

This time round, since his first job is salaried he’s got 6 months payslip with him but for his 2nd job he was on unpaid leave, May, June and July but resumed work in August and has a payslip.

He’s going to apply through the same lawyer and I asked him to check with his lawyer regarding applying through category B. But this is what the lawyer responded to him below.

He’s got his p60, payslips along with new employment letter and a letter saying he was on unpaid leave in May, June, July. How can he tell his lawyer that he actually needs 12 months payslip like you said etc. P.s lawyer is doing for free as it was her mistake for not picking up with the ielts cert.


Dear xxxxx

Category A: With current employer for 6 months or more.

Category B: Less than 6 months with current employer or variable income.

You fit into Category A.

Yours faithfully

Xxxx Solicitors

[seagul]

Dear xxxxx

Category A: With current employer for 6 months or more.

Category B: Less than 6 months with current employer or variable income.

You fit into Category A.

Yours faithfully

Xxxx Solicitors

He is approximately correct. But category A doesn't allow to combine the incomes from more than one job except other partner's income. If someone is earning sufficiently from one employer then its a straightforward case of category A. Whereas category B pacifically allows the aggregation income of all jobs. Despite all that I have also seen the cases with approval where the applicant used 6 months of payslips from both jobs under category A where I strongly believe that the person was getting sufficient income through only one job because a lot of times income looks insufficient but when you use none-salaried person formula then it meets the requirement. In op's case if he has some savings then he can even use his 1st major job income alone which seems not very short to fulfill the requirement.

[Karmy100]

Dear xxxxx

Category A: With current employer for 6 months or more.

Category B: Less than 6 months with current employer or variable income.

You fit into Category A.

Yours faithfully

Xxxx Solicitors

He is approximately correct. But category A doesn't allow to combine the incomes from more than one job except other partner's income. If someone is earning sufficiently from one employer then its a straightforward case of category A. Whereas category B pacifically allows the aggregation income of all jobs. Despite all that I have also seen the cases with approval where the applicant used 6 months of payslips from both jobs under category A where I strongly believe that the person was getting sufficient income through only one job because a lot of times income looks insufficient but when you use none-salaried person formula then it meets the requirement. In op's case if he has some savings then he can even use his 1st major job income alone which seems not very short to fulfill the requirement.

He earns less then the 18,600 mark so when he applied before he provided 6 months payslip for both jobs. Ho approved it but rejected based on the English requirement.

His lawyer is saying because he has been in the employment with his 2nd job for over 6 months. Nearly a year in September. For those 3 months unpaid, if they include the company letter saying he was on unpaid leave etc .. it should be sufficient.

But I told him about what you mentioned so he’s not unsure and doesn’t know if he should trust the lawyer etc or not?

What are your suggestion?

[seagul]

Although I am not disagreeing with solicitor but still will suggest same which I mentioned earlier that supply 12 months of payslips from 1st job then add all payslips whichever you have from 2nd job along with corresponding bank statements and employer letters from both jobs. You haven't replied about savings as if you have then can even only use the income from 1st job and cover the shortfall through savings which will be much more easier. Regarding English test make sure to pass HO approved A1 ielts life skills test.

[Karmy100]

Although I am not disagreeing with solicitor but still will suggest same which I mentioned earlier that supply 12 months of payslips from 1st job then add all payslips whichever you have from 2nd job along with corresponding bank statements and employer letters from both jobs. You haven't replied about savings as if you have then can even only use the income from 1st job and cover the shortfall through savings which will be much more easier. Regarding English test make sure to pass HO approved A1 ielts life skills test.

Hi seagul

He only has 6k saving. From what i’ve heard you need minimum 16k saving.

Lawyer said to him, not to worry as he’s got p60 (April) and said he has already exceeded the 18.6k in April as he earned £220 in March, £233 in April and £220+ in August. And said the unpaid leave letter for May, June, July should be sufficient, as he has already been with both employees for over 6 months. Hence why category A.

I can tell him for the peace of his mind, he could tell the lawyer to add 12 months payslip etc.

[seagul]

Lawyer said to him, not to worry as he’s got p60 (April) and said he has already exceeded the 18.6k in April

Here he is wrong because that P60 must belongs to April 2018-March 2019 issued in April 2019 and you are planning to apply in August or in onward months then how can that P60 will correctly show the wages in the last latest 6/12 months from the date of application. P60 doesn't always shows the real picture of income relevant to visa purposes.

[Karmy100]

Lawyer said to him, not to worry as he’s got p60 (April) and said he has already exceeded the 18.6k in April

Here he is wrong because that P60 must belongs to April 2018-April 2019 and you are planning to apply August or in onward months then how can that P60 will correctly show the wages in the last latest 6/12 months from the date of application. P60 doesn't always shows the real picture of income relevant to visa purposes

The lawyer saying she will be attaching previous 6 payslip which was attached with the first application, from October 18- August 19. Then for 2nd job, oct18 - aug19 payslip with a letter saying he was on unpaid leave May, June, July. She will also attached the p60 and lastly updated employment letter. She goes she will explain in the supporting statement that the client from his first job earns £18,340 and in the last 6 months from his 2nd job he has earned £673 etc. So to work the total gross earning it comes up to £19,686( from my point of view). But she said she will explain clearly on the supporting letter etc.

But I don’t know why she can’t just add September 18 payslip and make it as 12 months payslip.

[seagul]

But I don’t know why she can’t just add September 18 payslip and make it as 12 months payslip.

Maybe she has her own unique approach where 11 payslips are considered. You seems to have more knowledge than your solicitor who knows where the things are right or wrong.