Can applicant (with sponsor help) apply through Cat B?

[Kadian]

Can someone please clarify and not direct me to Annex 1.7 as I've seen it numerous times.

Applicant has been in a job for almost 12 months though not meeting requirement. (It was a agency job first 4 months then was a permanent direct job with employer)

I, the sponsor have been working less than 6 months part time.

Could I support the applicant with the first part of the Cat B financial requirement and he support his application in the second part of it.

5.3.2. Under Category B, the financial requirement must be
met and evidenced in two parts.

5.3.3. First, 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.

5.3.7. Second, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:

The gross amount of salaried or non-salaried employment income of the applicant‟s partner (in the UK or overseas) and/or the applicant (if they are in the UK with permission to work);

I may be reading too much into it but I'm just wary that both parts are suppose to met by one person and that a sponsor can not help with one part as the second quote says "second, the person must in addition...". Which would suggest the same person covering the first part?

Thanks for reading, would be so grateful for clarification. Thanks

[MPH80]

Is the 'and/or' in the second line of 5.3.7 clear enough?

M.

[Kadian]

Ok, I feel silly now but thank you for responding to me!

5.3.5 Where the person is in non-salaried employment– the level of gross annual employment income relied upon in the application can be no greater than the annual equivalent of the person‟s average gross monthly income from non-salaried employment in the 6 months
prior to the date of application, regardless of whether that employment was held throughout that period. The calculation will include all non-
salaried employment undertaken during that 6 month period, and will be calculated over that 6 month period regardless of how much of
that period was spent in employment.

I couldn't quite understand it. Does this mean for instance if I was making £12,000 gross annually that none of my wage slips should show an income of more than £1000 in one month?

Thanks

[MPH80]

No - it's saying that if you earn 1500 one month ... and 1000 another month ... that's an average of 1250. So you can't claim more than 15,000 as a gross salary.

That's simplified down to 2 months - but you should average that from the 6 months prior to application.

[Kadian]

I have been holding down a non-salaried part-time job for a few months but have just been offered a full time salaried job to start 2 months prior to the month we intend on applying for the spouse visa.

For the purpose of meeting the first part of the financial requirement, is taking into account I left one job for another within the 6 month period allowed? And how is the total income calculated if one is salaried and one is non-salaried during that 6 month period?

As I will have done 2 months in salaried employment is it possible to add the actual 2 months wage on top of the calculated gross annual salary of the non-salaried income ?

Any help greatly appreciated, thank you



Original topic link: http://www.immigrationboards.com/viewtopic.php?t=140654[/url]

[Kadian]

Can anyone help me please with the above post?

Can I have held 2 employments (Not at the same time) within the 6 month period?

Thanks

[Amber]

Yes, will the new job be salaried or non-salaried?

[Kadian]

The new job is salaried. Does this mean it doesn't matter I am not with the same employer for the whole duration?

I also read that the specific evidence required are:

- Bank statements showing income in the account;
- Wage slips on company headed paper;
- and a letter from employer stating my employment, gross annual salary, annual salary after income tax and NI, how long my employment has been held and the type of employment.

I am wary as I've read on Annex FM 1.7, pg 8, 3.3.8 :

Where Appendix FM-SE requires the applicant to provide specified
evidence relating to a period which ends with the date of application,
that evidence must be dated no earlier than 28 days before the date of application.

I will be leaving my current non-salaried job start of November and start my new (salaried) job then too, we do not intend on applying for the visa until January which means 2 months after leaving my job I will have to go back and 'beg' for a letter of income from a company which doesn't seem to take requests from ex-employees very well. Does anyone has a suggestion for this situation?

[Amber]

The new job in the UK as salaried will require two tests under Cat B:

1 - Have you actually earned the required amount (financial requirement) Gross in the preceding 12 months prior to your application? and

2 - Does your current annual salary meet or exceed the financial requirement.

If both are yes, then you can apply supplying the necessary specified evidence including the wage slips that should suffice for cat b.

[Shondra Sharma]

@D4109125 please check in your inbox.

[Kadian]

D4109125,

I have sent you a PM, really grateful for your responses already and would appreciate a little further assistance if possible.

Thank you