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Possible error in the UK income requirements Section 5.4.4

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15850049
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Posts: 4
Joined: Tue Jul 16, 2013 4:43 am
Location: United States

Possible error in the UK income requirements Section 5.4.4

Post by 15850049 » Thu Jul 18, 2013 11:19 pm

Can someone explain to me how the applicant's partner in the case study has income that allows her non british spouse to come in to the UK?
5.4.4. So, under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant‟s partner‟s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant‟s partner‟s salaried or
non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category
C: non-employment income and Category E: pension over the same 12-month period.
Category D: cash savings cannot be used under (2).
5.4.5. Case studies – Category B: Less than 6 months with current employer or variable
income – overseas sponsor returning to the UK

(a) The applicant‟s partner currently lives in China and is returning to the UK with the
applicant. The applicant‟s partner left her job in China 3 months ago to prepare for
the move to the UK. She is not employed at the date of the application. From the
job that she left, she received an income of £19,000 in the 12 months prior to the
application. So part (2) of the Category B calculation for a returning sponsor is
met because she received in the 12 months prior to the application the amount of
income required to meet the level of the financial requirement.
In addition, the applicant‟s partner must also, under part (1) of the Category B
calculation, have a confirmed offer of salaried or non-salaried employment to
return to in the UK (starting within 3 months of her return). This must have an
annual starting salary or income sufficient to meet the financial requirement, alone
or in combination with other sources. She does have a confirmed job offer in the
UK starting within 7 weeks of her return, with an annual starting salary of £24,000.
So part (1) of the Category B calculation for a returning sponsor is also met
because she has a confirmed offer of employment in the UK to return to which
has an annual starting salary sufficient to meet the financial requirement
Her monthly income is 1583.33333 (19,000/12)

She only worked 9 months out of last 12 at the time of application, therefore her income 12 months prior to application was 9*1583.33=14250 not enough to meet 18600 but they say she met the requirements - how?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/quote]

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Possible error in the UK income requirements Section 5.4

Post by physicskate » Fri Jul 19, 2013 12:39 am

15850049 wrote:Can someone explain to me how the applicant's partner in the case study has income that allows her non british spouse to come in to the UK?
5.4.4. So, under Category B, the assessment of the financial requirement will be based on:
(1) The gross annual salary or income of the applicant‟s partner‟s confirmed offer of
salaried or non-salaried employment in the UK. This source can be combined with
Category C: non-employment income, Category D: cash savings and Category E:
pension; and
(2) The actual amount of gross income received from the applicant‟s partner‟s salaried or
non-salaried employment overseas in the 12 months prior to the date of application.
This can be combined with the actual gross income the couple received from Category
C: non-employment income and Category E: pension over the same 12-month period.
Category D: cash savings cannot be used under (2).
5.4.5. Case studies – Category B: Less than 6 months with current employer or variable
income – overseas sponsor returning to the UK

(a) The applicant‟s partner currently lives in China and is returning to the UK with the
applicant. The applicant‟s partner left her job in China 3 months ago to prepare for
the move to the UK. She is not employed at the date of the application. From the
job that she left, she received an income of £19,000 in the 12 months prior to the
application. So part (2) of the Category B calculation for a returning sponsor is
met because she received in the 12 months prior to the application the amount of
income required to meet the level of the financial requirement.
In addition, the applicant‟s partner must also, under part (1) of the Category B
calculation, have a confirmed offer of salaried or non-salaried employment to
return to in the UK (starting within 3 months of her return). This must have an
annual starting salary or income sufficient to meet the financial requirement, alone
or in combination with other sources. She does have a confirmed job offer in the
UK starting within 7 weeks of her return, with an annual starting salary of £24,000.
So part (1) of the Category B calculation for a returning sponsor is also met
because she has a confirmed offer of employment in the UK to return to which
has an annual starting salary sufficient to meet the financial requirement
Her monthly income is 1583.33333 (19,000/12)

She only worked 9 months out of last 12 at the time of application, therefore her income 12 months prior to application was 9*1583.33=14250 not enough to meet 18600 but they say she met the requirements - how?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[/quote]

You're thinking about it all wrong. Her income in the twelve months prior to the application was 19000. Her monthly income could have been 19000/9, as she had only worked 9 of the last twelve months.

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