Employer letter and pay slips query

[ShellfishBucket]

1. My salary is 14k per year. My base pay is 1,116 per month. Past 6 months I've been doing overtime and these are my pay slips:

August: 1700
September: 2400
October: 1560
November: 1710
December: 1820
January: 1559

Any earnings after 1,116 are purely from overtime. Do I qualify to sponsor my spouse and meet the financial requirement? I believe I do but I'm not sure how they calculate overtime.

2. Living with my parents for 2 months after my wife comes to UK. If my parents got mortgage statement and write a letter to confirm we could live there, would this suffice? Would it also suffice if it was dated early January (we'll be applying end of February)?

3. Since my wife needs to apply from USA, do the documents need to be actual copies or are they electronically uploaded? What's the best way to do this? Should I just take a picture using my phone and upload them all to my computer and email my wife the documents for her to either include as attachments in the visa application or print them off and send them in?

4. My employer letter confirming my position/salary etc. If we apply end of February, when does the employer letter need to be dated? Is it too early if I get one this week?

Many thanks.

[ShellfishBucket]

Also: I am paid last working day of each month, so I am guessing the application needs to be sent in before the last working day of February when I receive my Feb. pay slip?

[geoeng]

1. My salary is 14k per year. My base pay is 1,116 per month. Past 6 months I've been doing overtime and these are my pay slips:

August: 1700
September: 2400
October: 1560
November: 1710
December: 1820
January: 1559

Any earnings after 1,116 are purely from overtime. Do I qualify to sponsor my spouse and meet the financial requirement? I believe I do but I'm not sure how they calculate overtime.

2. Living with my parents for 2 months after my wife comes to UK. If my parents got mortgage statement and write a letter to confirm we could live there, would this suffice? Would it also suffice if it was dated early January (we'll be applying end of February)?

3. Since my wife needs to apply from USA, do the documents need to be actual copies or are they electronically uploaded? What's the best way to do this? Should I just take a picture using my phone and upload them all to my computer and email my wife the documents for her to either include as attachments in the visa application or print them off and send them in?

4. My employer letter confirming my position/salary etc. If we apply end of February, when does the employer letter need to be dated? Is it too early if I get one this week?

1. From a quick calculation, it would appear that income would be sufficient. Income from overtime is calculated separate from and added to your base salary as an annualised average of the 6 months prior to applying. See page 31 in the guidance document linked below for details:
https://assets.publishing.service.gov.u ... -ext_1.pdf

2. That should be sufficient. Where possible, documents should be dated within 28 days of the application date, particularly important for any documents used to meet the financial requirement.

3. I'm not familiar with the application process from the US, so I'll leave this for someone else.

4. It should be dated within 28 days of the application date.

Also: I am paid last working day of each month, so I am guessing the application needs to be sent in before the last working day of February when I receive my Feb. pay slip?

The most recent payslip being used for the application should be dated no more than 28 days before the application date.

[ChugaLuvMe]

1. From a quick calculation, it would appear that income would be sufficient. Income from overtime is calculated separate from and added to your base salary as an annualised average of the 6 months prior to applying. See page 31 in the guidance document linked below for details:
https://assets.publishing.service.gov.u ... -ext_1.pdf

2. That should be sufficient. Where possible, documents should be dated within 28 days of the application date, particularly important for any documents used to meet the financial requirement.

3. I'm not familiar with the application process from the US, so I'll leave this for someone else.

4. It should be dated within 28 days of the application date.

Thanks for helping regarding the financial requirement. I will get those documents issued within 28 days of the application date. Another quick question, is the application date considered when we send our documents in or is it when we fill the online form? I'm not sure if we submit our documents electronically along with the online form or at a later date.

Edit: I had to make a new account since I used a throwaway email and forgot my password. I am original OP.

[ChugaLuvMe]

1. Appendix FM 2 states:

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or

Does the second part 2(a)(i) mean it has to be six months to the day of my first pay slip? My first of the six pay slips was issued 30/09/19 and we intend to apply for the spousal visa before 27/03/20. I'll be using September 2019 to February 2019 pay slips. I am paid on the last working day of each month.

Or does it just mean six pay slips for the previous six months? (in my case it would be Sep 19 to Feb 20 pay slips. Our application date would be mid-March but BEFORE I receive my March pay slip on 27/03/20).

I'm confused over this part.

2.

2(b) states:

(b) A letter from the employer(s) who issued the payslips 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).

I have asked my employer for a letter confirming these however they said they do not issue them, but to use my contract. My contract states my gross annual salary and that I am permanent staff beginning employment May 2019. I am not sure what to do in this situation if they won't issue me this letter - please help.

Many many thanks.

[seagul]

1. Your latest (6th month) payslip shouldn't be older than 28 days from the date of application and also shouldn't be dated/issued after the date of application.

2. Employer letter is mandatory even you have a contract.

[ChugaLuvMe]

1. Your latest (6th month) payslip shouldn't be older than 28 days from the date of application and also shouldn't be dated/issued after the date of application.

2. Employer letter is mandatory even you have a contract.

I contacted my line manager today who said it was against company policy for her to write a letter like this as it references my pay, and it must go through HR instead. The only letter my manager could draft is a personal character reference. I contacted HR who said they'll get on it, however..

2(b) states:

(b) A letter from the employer(s) who issued the payslips 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).

Part (iii). HR are based in another city entirely and my request could take a few weeks to go through. My monthly salary is 1,116 however for the past 5 months (I am waiting for my final pay slip) I have been earning 1,550+ doing over time.

Must this letter specifically address why my pay slips are significantly higher than my salary in that I have been doing over time? Something along the lines of... "XXXX has been earning at least 1,550 for the past six months due to the over time available"?

Slightly confused what the letter should look like and worried because this letter is proving to be quite difficult to obtain. I can get them to confirm my employment, gross annual salary (which is actually 11.5k as I am part time, however due to the night hours it's 14k part time), and my type of employment, however I don't think they'll specifically reference why my pay slips are higher than my annual salary. I was kind of hoping HO would figure that part out for themselves.

[geoeng]

The immigration rules don't specifically state that overtime must be addressed separately in relation to the employer letter, it only references salary (or non-salaried employment by virtue of paragraph 18 of Appendix FM-SE). That said, hoping HO will figure something out on their own is a dangerous game so anything you can do to have your supporting documents explicitly set out how your income was earned will likely be to your benefit. Even just a statement of how much overtime was earned in the last 6 months might be sufficient.

[ChugaLuvMe]

The immigration rules don't specifically state that overtime must be addressed separately in relation to the employer letter, it only references salary (or non-salaried employment by virtue of paragraph 18 of Appendix FM-SE). That said, hoping HO will figure something out on their own is a dangerous game so anything you can do to have your supporting documents explicitly set out how your income was earned will likely be to your benefit. Even just a statement of how much overtime was earned in the last 6 months might be sufficient.

I'm really worrying about this letter still. Should then the letter confirm how long I've received my base salary or my salary with over time?

Base salary is 14k per year. Past 6 months I've been doing overtime which varies how much I earn per month but it's all been at least 1550+ per month (some months I earn 1700, 1800, 2400 etc) so my annual salary varies.

What exactly should the letter confirm? How long I've been doing the overtime? So confused lol

[seagul]

I'm really worrying about this letter still. Should then the letter confirm how long I've received my base salary or my salary with over time?

Base salary is 14k per year. Past 6 months I've been doing overtime which varies how much I earn per month but it's all been at least 1550+ per month (some months I earn 1700, 1800, 2400 etc) so my annual salary varies.

What exactly should the letter confirm? How long I've been doing the overtime? So confused lol

Yes the employer must confirm your length of service with them. Your employer can simply give the total of last 12 months wages (base salary + overtime)

[ChugaLuvMe]

Yes the employer must confirm your length of service with them. Your employer can simply give the total of last 12 months wages (base salary + overtime)

I have only been working for this employer since May 2019 so cannot get them to confirm my total for last 12 months. Why last 12 months anyway, if I am only relying on the previous six payslips? (sorry I'm confused )

I'm still struggling a little with my overtime pay. For the past six months this has been my GROSS pay for each month (the figures in my first post were an estimate but I just checked and these are the up-to-date figures):

Sep 19 - 1641.13
Oct 19 - 2317.76
Nov 19 - 1,878.19
Dec 19 - 1870.69
Jan 20 - 1,820.41
Feb 20 - 1,550 (not received it yet but it will not be lower than this amount)

How do they calculate the overtime? My base pay per month is 1,116 and anything over this amount was earned through overtime. Do I meet the financial requirements under Category A?

I ask because first reply says that "Income from overtime is calculated separate from and added to your base salary as an annualised average of the 6 months prior to applying."

[seagul]

If you aren't working from 12 months but at least 6 months from current employer than apply under category A where your employer can state your annual base salary and the total of the overtime during the last 6 months in employer letter. And yes the overtime will be calculated by taking the average annualized income.