Spouse Visa salary of non-British partner

[khalife23]

Hello,

My British wife is a musician. She has had 2 salaried jobs at 2 schools for over 6 months and she also does private tutoring where she gets most of her income from.

We are applying for a Spouse Visa after April 5th 2020 so we can include the financial year 2018-2019 for the financial requirement part.
We need to combine categories A/B (not sure which one we should go for) and F.

She is expecting to make just over the required 18,600 in total come the end of the financial year, but the problem is she is a salaried employee whose income varies a lot each month because she gets paid for extra hours that vary a lot each month.

So if we go for Category A, would they use the lowest salary she got last 6 months of time of the application and multiply it by 12? (which wouldn't be enough) Or would they take the average of the last 6 months and multiply by 12 (which in our case would be good).

Also, if we choose Category B, do we still have to satisfy the 2 tests, one of which says at the time of the application the gross salary has to be more than 18,600? Or does combining it with Category F mean we don't need to satisfy those tests?

Please help us, as even our immigration lawyer seems confused by this and it's becoming very stressful.

[Amber]

Cat A = lowest monthly Gross salary in the preceding 6 months x 12 = figure used
Cat B = annual salary must equate to amount you want to use, either on contract or by recent wage slip, then in the 12 months preceding you must have actually earned that amount (combining all acceptable income).
Cat F = looking at the last full financial year.

See Appendix FM 1.7 (click).

[geoeng]

she is a salaried employee whose income varies a lot each month because she gets paid for extra hours that vary a lot each month.

What do you mean by "extra hours"? Overtime can be considered separate from and added to salary, see Section 5.5.24 (page 35) of the guidance document.

It doesn't sound like it will matter in your case if you are applying immediately after the end of the last financial year, but keep in mind that if you are combining income from salaried employment with self-employment that only the income applicable to the last full financial year can be included.

[TODMATT]

Hello,

My British wife is a musician. She has had 2 salaried jobs at 2 schools for over 6 months and she also does private tutoring where she gets most of her income from.

We are applying for a Spouse Visa after April 5th 2020 so we can include the financial year 2018-2019 for the financial requirement part.
We need to combine categories A/B (not sure which one we should go for) and F.

She is expecting to make just over the required 18,600 in total come the end of the financial year, but the problem is she is a salaried employee whose income varies a lot each month because she gets paid for extra hours that vary a lot each month.

So if we go for Category A, would they use the lowest salary she got last 6 months of time of the application and multiply it by 12? (which wouldn't be enough) Or would they take the average of the last 6 months and multiply by 12 (which in our case would be good).

Also, if we choose Category B, do we still have to satisfy the 2 tests, one of which says at the time of the application the gross salary has to be more than 18,600? Or does combining it with Category F mean we don't need to satisfy those tests?

Please help us, as even our immigration lawyer seems confused by this and it's becoming very stressful.

You can apply under CAT A salaried and combine your overtime since they are calculated differently.

Take the lowest and multiply by 12 under CAT A salaried
Add all overtime received in the period of 6 months divide it by 6 x 12.

Add the total of both together and as long as it is £18,600, you will meet the financial requirement easily and this can be combine with CAT F as long as it is within the financial year.

You can also opt for CAT B variable income as long as you can fulfill 2 conditions if you want.

In orde

[khalife23]

she is a salaried employee whose income varies a lot each month because she gets paid for extra hours that vary a lot each month.

What do you mean by "extra hours"? Overtime can be considered separate from and added to salary, see Section 5.5.24 (page 35) of the guidance document.

It doesn't sound like it will matter in your case if you are applying immediately after the end of the last financial year, but keep in mind that if you are combining income from salaried employment with self-employment that only the income applicable to the last full financial year can be included.

Thank you for the response.
We are calculating the income she got from both employment and self-employment from April 6th 2019 to April 5th 2020. We would be applying after April 5th. That would be the right financial year, correct?

[khalife23]

Hello,

My British wife is a musician. She has had 2 salaried jobs at 2 schools for over 6 months and she also does private tutoring where she gets most of her income from.

We are applying for a Spouse Visa after April 5th 2020 so we can include the financial year 2018-2019 for the financial requirement part.
We need to combine categories A/B (not sure which one we should go for) and F.

She is expecting to make just over the required 18,600 in total come the end of the financial year, but the problem is she is a salaried employee whose income varies a lot each month because she gets paid for extra hours that vary a lot each month.

So if we go for Category A, would they use the lowest salary she got last 6 months of time of the application and multiply it by 12? (which wouldn't be enough) Or would they take the average of the last 6 months and multiply by 12 (which in our case would be good).

Also, if we choose Category B, do we still have to satisfy the 2 tests, one of which says at the time of the application the gross salary has to be more than 18,600? Or does combining it with Category F mean we don't need to satisfy those tests?

Please help us, as even our immigration lawyer seems confused by this and it's becoming very stressful.

You can apply under CAT A salaried and combine your overtime since they are calculated differently.

Take the lowest and multiply by 12 under CAT A salaried
Add all overtime received in the period of 6 months divide it by 6 x 12.

Add the total of both together and as long as it is £18,600, you will meet the financial requirement easily and this can be combine with CAT F as long as it is within the financial year.

You can also opt for CAT B variable income as long as you can fulfill 2 conditions if you want.

In orde

Thank you for clarifying this.
I think this would work well for us!

[geoeng]

We are calculating the income she got from both employment and self-employment from April 6th 2019 to April 5th 2020. We would be applying after April 5th. That would be the right financial year, correct?

Yes, per the guidance, "the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year", so April 2019 to April 2020 would be the last full financial year.

[khalife23]

Hello,

I was going over Appendix FM-SE and there is something I'm not sure I understand.
I was in the UK before my Visa expired last month and worked for 4 months for a company. The company is willing to have me back once/if my Spouse Visa is granted and the salary would be £32,750.
Can I count this future job (would start as soon as I arrive in the UK) towards the financial requirement for the application? I am currently unemployed and live outside the UK.

Thanks.

[CR001]

Topics Merged (click to read forum rule)

[CR001]

Hello,

I was going over Appendix FM-SE and there is something I'm not sure I understand.
I was in the UK before my Visa expired last month and worked for 4 months for a company. The company is willing to have me back once/if my Spouse Visa is granted and the salary would be £32,750.
Can I count this future job (would start as soon as I arrive in the UK) towards the financial requirement for the application? I am currently unemployed and live outside the UK.

Thanks.

If you are the spouse visa applicant, then no, your income is irrelevant and does not count for an initial entry clearance spouse visa.

[khalife23]

Topics Merged (click to read forum rule)

Sorry I thought I was creating a separate post but it merged with an old thread I created..Could you tell me how to post without merging? Thanks.

[khalife23]

Hello,

I was going over Appendix FM-SE and there is something I'm not sure I understand.
I was in the UK before my Visa expired last month and worked for 4 months for a company. The company is willing to have me back once/if my Spouse Visa is granted and the salary would be £32,750.
Can I count this future job (would start as soon as I arrive in the UK) towards the financial requirement for the application? I am currently unemployed and live outside the UK.

Thanks.

If you are the spouse visa applicant, then no, your income is irrelevant and does not count for an initial entry clearance spouse visa.

I understand, thank you.

[CR001]

Topics Merged (click to read forum rule)

Sorry I thought I was creating a separate post but it merged with an old thread I created..Could you tell me how to post without merging? Thanks.

I merged your topics. Stick to ONE topic for all questions on the same application and requirements please.

[khalife23]

Hi CR001,

How about if I (the applicant) worked in the UK 4/5 months prior to the application date and before my Tier 4 Visa expired, is it possible to count that towards what my British partner makes in that case?

Thank you.

Topics Merged (click to read forum rule)

Sorry I thought I was creating a separate post but it merged with an old thread I created..Could you tell me how to post without merging? Thanks.

I merged your topics. Stick to ONE topic for all questions on the same application and requirements please.

[CR001]

Hi CR001,

How about if I (the applicant) worked in the UK 4/5 months prior to the application date and before my Tier 4 Visa expired, is it possible to count that towards what my British partner makes in that case?

Thank you.

Your salary income does not count, at all, for a spouse visa from outside the uk. It only counts if you are applying within the UK, which you are not.

[khalife23]

Hello,

I have one concern regarding accommodation requirements and would appreciate your help.
I need to provide a No Objection Letter from the landlord for the place my wife and I are going to rent.
The agency we booked the flat through cannot give us the contact details of the landlord, but they offered to write the letter themselves. Would that be okay or does it have to be written by the landlord?

Thank you.

[khalife23]

I want to add that the tenancy agreement has both our names on it.
Would we need a No Objection Letter in that case?

Hello,

I have one concern regarding accommodation requirements and would appreciate your help.
I need to provide a No Objection Letter from the landlord for the place my wife and I are going to rent.
The agency we booked the flat through cannot give us the contact details of the landlord, but they offered to write the letter themselves. Would that be okay or does it have to be written by the landlord?

Thank you.

[seagul]

I want to add that the tenancy agreement has both our names on it.
Would we need a No Objection Letter in that case

Usually noc letter isn't needed if the tenancy agreement is in joint names but since you are not in UK so your name on tenancy agreement might not be considered due to right of rent reasons. Better to add noc letter as well.

[AmazonianX]

Hello,

I have one concern regarding accommodation requirements and would appreciate your help.
I need to provide a No Objection Letter from the landlord for the place my wife and I are going to rent.
The agency we booked the flat through cannot give us the contact details of the landlord, but they offered to write the letter themselves. Would that be okay or does it have to be written by the landlord?

Thank you.

Does not have to be written by landlord. The agent is appointed by and operates on landlord's authority hence agent write for you.