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Best way to or how exactly to apply for spouse visa?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Revlimo88
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Spouse visa financial requirement last 6 month wages dip due to wedding

Post by Revlimo88 » Mon Oct 07, 2019 9:35 pm

Hi all

I am on a fixed annual salary as part of my employment contract, I took some unpaid time off in July purely for my wedding, I read somewhere here that the lowest month of the 6 month wage slips are used to calculate your annual salary, however this would mean that it would calculate as less, even though my annual salary is more than the requirement.

Is this 100% rejection?

If I include proof of employment letter, stating salary and work hours, explaining with a statement letter that this is the cause of the dip, highlighting on the paperwork of the reason will this be a valid reasoning?

Am I screwed?

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Zerubbabel
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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by Zerubbabel » Mon Oct 07, 2019 10:13 pm

Hello

They look back to the 6 monthly payslips. If they show different figures from month to month, they take the lowest one and that's would be the salary they retain for the application.

So if you show them for instance:

3000 - 3000 - 1000 - 3000 - 3000 - 3000

The monthly salary they retain is £1000 which gives a yearly figure of £12000.

I have seen similar questions showing this forum and the outcome is always the same: your salary is based on the lowest monthly revenue during the last 6 months. This is the rule for salaried income. Only non-salaried income is averaged not the salaried.

Caseworkers have no flexibility when it comes to meeting the financial criteria. If they decline the application, you have to wait until end January 2020 where you get 6 payslips all above the minimum then apply again.

Revlimo88
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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by Revlimo88 » Mon Oct 07, 2019 11:03 pm

I read the same here as well, but I am looking for a more definite answer on what it says on how they deal with the situations, sort of from the case workers rule book, because the only financial criteria that needs to be met is having the annual income to support the applicant in the UK.

Kind of doesn't make sense, because a non-salaried person can have a dip in their wages more likely than a salaried one and if the salaried one has a dip it's because the workplace see's it acceptable.

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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by DanaMarie » Tue Oct 08, 2019 3:12 am

I've asked around and re-read the financial guidance (Appendix FM 1.7) and it seems to me that you should be able to apply under Category B using 12 months of payslips instead of 6 months.
5.3.4 says - 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.

and then 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).

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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by seagul » Tue Oct 08, 2019 7:42 am

Revlimo88 wrote:
Mon Oct 07, 2019 9:35 pm
Hi all

I am on a fixed annual salary as part of my employment contract, I took some unpaid time off in July purely for my wedding, I read somewhere here that the lowest month of the 6 month wage slips are used to calculate your annual salary, however this would mean that it would calculate as less, even though my annual salary is more than the requirement.

Is this 100% rejection?

If I include proof of employment letter, stating salary and work hours, explaining with a statement letter that this is the cause of the dip, highlighting on the paperwork of the reason will this be a valid reasoning?

Am I screwed?
See my advice here:

immigration-for-family-members/spouse-v ... 89998.html
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by geoeng » Tue Oct 08, 2019 7:59 am

Provided your current salary meets the requirements and your salaried income in the last 12 months before the application date exceeds the financial requirements, you will have no issues applying using Category B even with some unpaid leave. The only real difference from Category A in this instance is that you will have to provide 12 months of payslips and bank statements instead of 6 months. The link seagul posted has a good discussion in this issue and how the income is calculated.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Revlimo88
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Net pay dips below 1550 due to pension & tax, is this OK?

Post by Revlimo88 » Wed Oct 23, 2019 10:39 pm

My annual salary meets the requirement, however my net pay dips below the 1550 mark, so my bank statement being the netpay.. Is this fine?

On my wage slip there is these deductions:
PAYE
NIC
PENSION

What is the correct way to calculate and should I do something specific along with the documents like calculation ?

For some reason the pension seems a bit higher than normal for the month, usually it's 20-50, but it reached 70 (not sure if it's a mistake).

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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by Korekt » Wed Oct 23, 2019 10:44 pm

Revlimo88 wrote:
Wed Oct 23, 2019 10:39 pm
My annual salary meets the requirement, however my net pay dips below the 1550 mark, so my bank statement being the netpay.. Is this fine?

On my wage slip there is these deductions:
PAYE
NIC
PENSION

What is the correct way to calculate and should I do something specific along with the documents like calculation ?

For some reason the pension seems a bit higher than normal for the month, usually it's 20-50, but it reached 70 (not sure if it's a mistake).
Disregard the net pay on this occasion.

What is the taxable pay?
"Facts are sacred. Opinions are free."

Revlimo88
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Confused about a requirement from the employment letter

Post by Revlimo88 » Wed Oct 23, 2019 11:10 pm

Can someone please explain what this even means:

(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) confirming:

(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

Revlimo88
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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by Revlimo88 » Wed Oct 23, 2019 11:21 pm

Korekt wrote:
Wed Oct 23, 2019 10:44 pm
What is the taxable pay?
My 'basic pay' is in the range of £1900, the deductions are PAY & NIC in the ranges of 160 and 140. Then there's the pension deduction.

Is that what you mean taxable pay?

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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by Revlimo88 » Wed Oct 23, 2019 11:25 pm

Sadly I've checked and because I changed jobs and took two months personal break, when I average it out over the 12 months I still end up short due to that. I guess we'll just wait till the 6 months passes, gives some time to prepare the visa I guess.

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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by Casa » Wed Oct 23, 2019 11:39 pm

The gross earnings (before deductions) are the qualifying amount.
(Casa, not CR001)
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Re: Confused about a requirement from the employment letter

Post by AmazonianX » Wed Oct 23, 2019 11:49 pm

(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

It means somewhere in the employment letter should read like 'Revlimo88 is being payed a salary of £2000/month since January 2019'
Among other things,the above will
1. if you have being with the employer for some time and there has being a change in the salary you are paid to indicate that for the relevant period to HO you are getting paid an amount sufficient to meet the threshold
2. serves as a pointer to ECO to know what wage slip figure to look for and corroborate this on the bank account statement and or other financial documents that you have submitted.

Revlimo88
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Re: Confused about a requirement from the employment letter

Post by Revlimo88 » Thu Oct 24, 2019 3:59 am

AmazonianX wrote:
Wed Oct 23, 2019 11:49 pm
It means somewhere in the employment letter should read like 'Revlimo88 is being payed a salary of £2000/month since January 2019'
If the employment letter states the start date and fixed annual sallary as per contract, it kind of implies the monthly salary doesn't it?

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Re: Confused about a requirement from the employment letter

Post by AmazonianX » Thu Oct 24, 2019 4:53 am

Revlimo88 wrote:
Thu Oct 24, 2019 3:59 am
AmazonianX wrote:
Wed Oct 23, 2019 11:49 pm
It means somewhere in the employment letter should read like 'Revlimo88 is being payed a salary of £2000/month since January 2019'
If the employment letter states the start date and fixed annual sallary as per contract, it kind of implies the monthly salary doesn't it?
Yes it does. Note that among other things, you will supply
1. Employment letter - This could be dated from when ever yo started the job e.g. 2016
2. Letter from employer - Dated recently (not more older than 28days), stating when you started the job( it confirms you are still in that job whose employment letter you submitted), the letter from employer will note/corroborate any changes e.g. change of job role or tittle, change/increase in salary due to promotions etc.

Revlimo88
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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by Revlimo88 » Thu Oct 24, 2019 5:15 am

Casa wrote:
Wed Oct 23, 2019 11:39 pm
The gross earnings (before deductions) are the qualifying amount.
So my question was if my net pay dips below 1550, would that be OK? Does pensions count as deductions?

Should I have a covering letter stating the monthly gross pay of every month?

Revlimo88
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Re: Confused about a requirement from the employment letter

Post by Revlimo88 » Thu Oct 24, 2019 5:23 am

Ah I think I got it now, thank you for your clarification.

Revlimo88
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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by Revlimo88 » Thu Oct 24, 2019 5:31 am

Revlimo88 wrote:
Thu Oct 24, 2019 5:15 am
Casa wrote:
Wed Oct 23, 2019 11:39 pm
The gross earnings (before deductions) are the qualifying amount.
So my question was if my net pay dips below 1550, would that be OK? Does pensions count as deductions?

Should I have a covering letter stating the monthly gross pay of every month?
Sorry, I meant to just ask if the pension deduction is something they don't mind.

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Re: Net pay dips below 1550 due to pension & tax, is this OK?

Post by CR001 » Thu Oct 24, 2019 6:09 am

Topics merged!! Please keep all questions in one topic. It isnt necessary to start a new thread with each question.

announcements/multiple-posts-will-be-lo ... t5722.html
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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by seagul » Thu Oct 24, 2019 7:01 am

Revlimo88 wrote:
Wed Oct 23, 2019 11:25 pm

Sadly I've checked and because I changed jobs and took two months personal break, when I average it out over the 12 months I still end up short due to that. I guess we'll just wait till the 6 months passes, gives some time to prepare the visa I guess.
.
It means you don't qualify under category A & B so better to wait until you complete 6 months with present employer.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse visa financial requirement last 6 month wages dip due to wedding

Post by geoeng » Thu Oct 24, 2019 8:36 am

Revlimo88 wrote:
Wed Oct 23, 2019 11:25 pm
Sadly I've checked and because I changed jobs and took two months personal break, when I average it out over the 12 months I still end up short due to that. I guess we'll just wait till the 6 months passes, gives some time to prepare the visa I guess.
Can you clarify what you mean by average it out? Category B is based on current annual salary and total income over the 12 months prior to the application date for salaried employment, you don't need to work out an average.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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Best way to or how exactly to apply for spouse visa?

Post by Denim542 » Sun Nov 10, 2019 4:18 am

Am I correct, that (as of now Nov 2019) I can apply for my wife's visa online via this link and upload all documents online?
What about originals? Do I post them or should I give them to my wife (she is in Turkey) to submit when she attends any appointments? How does it work?

I am the UK (sponsor)
My wife is in Turkey (applicant)

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Re: Best way to or how exactly to apply for spouse visa?

Post by uk7592 » Sun Nov 10, 2019 4:30 am

Denim542 wrote:
Sun Nov 10, 2019 4:18 am
Am I correct, that (as of now Nov 2019) I can apply for my wife's visa online via this link and upload all documents online?
What about originals? Do I post them or should I give them to my wife (she is in Turkey) to submit when she attends any appointments? How does it work?

I am the UK (sponsor)
My wife is in Turkey (applicant)

You can only apply online
Keep your originals safe as you are only require to upload your originals at home or at the time of bio metrics or VFS global centres in uk

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Re: Best way to or how exactly to apply for spouse visa?

Post by Denim542 » Sun Nov 10, 2019 4:46 am

Yes, but I thought there were some documents they wanted to only see originals. By scanning it at home online do they still require originals? Maybe I am mistaking things.

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Re: Best way to or how exactly to apply for spouse visa?

Post by AmazonianX » Sun Nov 10, 2019 5:27 am

Denim542 wrote:
Sun Nov 10, 2019 4:46 am
Yes, but I thought there were some documents they wanted to only see originals. By scanning it at home online do they still require originals? Maybe I am mistaking things.
The era of sending/posting hard-copy original documents to HO/Sheffield is gone. The scanned documents from home or VAC is what they accept now. They will use same for their verification/checks so ensure all you send is in good standing.

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