Question about finances Category B

[yusufkhan1987]

Hello

I have a question about the financial requirement for settlement visa.

By the time we apply for my wife's settlement visa I would have been in employment with my current employer for 5 months with 5 wage slips. My gross annual salary is £25k and my employment start date was 01/05/2013 and my wife will apply at around 01/10/2013.

At my previous employment I was there for 7 months between 03/08/2012 to 08/03/2013. I was not working between these 2 employments (approx 6 weeks). My salary before tax with this previous employer was £1,083 per month.

I have cash savings of £40k currently held since June 2013, I had cash savings of £18k from March 2013. The cash was a gift from my parents.

My question is am I still eligible to apply under Category B with cash savings? If yes can I still combine both employment salaries with the cash savings or can I only just combine my cash savings with my current employer's gross annual salary?

Furthermore in my cash savings I have held £18k for over 6 months but this increased to £40k in June 2013, which amount do I used to calculate cash savings? or does it average out e.g an increase of £22k for 3 months is equated to £11k. The UKBA states 6 months in statement of intent.

Thank you for your help.

[Amber]

1. How much gross have you earned in the last 12 months?

2. Only savings over £16k count at x - 16000 / 2.5. Savings unless for example shares must have been held for 6 months, they can be combined.

[yusufkhan1987]

About 17k gross annual salary combined 12 months

[Amber]

About 17k gross annual salary combined 12 months

You need to be accurate, work out how much you have earned gross in the last 12 months, add each wage slip up. If you've earned the threshold then you don't need to worry about the savings. Remember to take account of the next few months as it'll be what you've earned in the 12 months before you apply and we're only in July. So really, work out exactly what you've earned in the last 10 months and then come back.

[yusufkhan1987]

It was exactly £17,100 k gross my current salary is 25k e.g £2083 a month as said from sept 2012 to sept 2013 it will be £17,100. I started this new job in may 1st 2013 and end of sept 2013 I will apply before the October 2013 english test comes into play. I hope this makes sense. If you read my original post there are few questions. Thanks

[Amber]

It was exactly £17,100 k gross my current salary is 25k e.g £2083 a month as said from sept 2012 to sept 2013 it will be £17,100. I started this new job in may 1st 2013 and end of sept 2013 I will apply before the October 2013 english test comes into play. I hope this makes sense. If you read my original post there are few questions. Thanks

The English test is for settlement, is you wife applying to settle as in she is already in the UK with leave to enter/remain as a spouse?

[yusufkhan1987]

No she is in pakistan applying for settlement as my partner. vaf4 form I am her sponsor from uk she will take the city and guilds A1 test. This is not important I am asking a technical question regarding category b please read my original post it will make sense there are a few underlying questions I raise there. Thanks

[Amber]

The amount of savings that can be used will be £800.

So your annual salary threshold needed under cat b part 1 will be £18600 - 800 for a couple with no relevant children, the gross wage you have earned in the 12 months prior to the application must meet the financial threshold (savings cannot be used for this figure), and that you have the specified evidence as per Annex FM.

If you cannot meet the cat b threshold, then you'll have to consider waiting until your last 12 months gross meets the threshold or

After 6 months of employment apply under cat a or

Apply when you can consider more savings.

[yusufkhan1987]

Why cant I use 40k in savings? also in the annex under category b it states section 2 you cant use 12 months earnings with savings E.g if you are employed with your current employer for less than 6 months which I will be prior to the date of application it will be 5 months as stated in the original post. From the annex I read you can combine the jobs e.g previous employment for 12 Month or you can choose current employment with savings but not both unless I misinterpreted. Please google annex fm 1.7- financial requirement it will be on the pdf form first link category b and d. I am confused thanks.

[Amber]

Why cant I use 40k in savings? also in the annex under category b it states section 2 you cant use 12 months earnings with savings E.g if you are employed with your current employer for less than 6 months which I will be prior to the date of application it will be 5 months as stated in the original post. From the annex I read you can combine the jobs e.g previous employment for 12 Month or you can choose current employment with savings but not both unless I misinterpreted. Please google annex fm 1.7- financial requirement it will be on the pdf form first link category b and d. I am confused thanks.

You need to have the savings for 6 months.

Cat b has 2 parts, savings can be combined for part 1 - the annual salary threshold but not part 2, the amount earned in the last 12 months which needs to equal or exceed the financial threshold of £18600.

[yusufkhan1987]

So in my case best not to use savings as part 1 I cant combine them. Also my current salary is 25k so can I meet financial requirement under part (1).

[Amber]

So in my case best not to use savings as part 1 I cant combine them. Also my current salary is 25k so can I meet financial requirement under part (1).

Indeed, the importance is the accuracy of your gross earnings 12 months before the application or waiting another month and applying under cat a.

[yusufkhan1987]

OK so gross is 17,100 I am confused I cant meet criteria then even though I am earning 25k now. If I cant use savings either even though I have 40k. It is stupid if I apply in november I would earn 19K gross.

[Amber]

OK so gross is 17,100 I am confused I cant meet criteria then even though I am earning 25k now. If I cant use savings either even though I have 40k. It is stupid if I apply in november I would earn 19K gross.

It may be stupid but it's the rules. Work some overtime to get your last 12 months gross earning to the threshold or just wait the one month extra, I'm sure that won't be too much of an issue.

[yusufkhan1987]

No the issue is English test October 2013 is difficult. So has to be done beforehand I will use a solicitor my job can only offer overtime if someone takes time off. If on appeal I may have to show more payslips. They may even be lenient as with my current last 5 months pay it equates to £2083×5= £10415 approx and I will have around 40K in savings even though I cant use this towards my case. I will have to use slips and just how savings even though I cant use this towards the case I can still show the savings I think. What do you think?

Kind regards

[Amber]

No the issue is English test October 2013 is difficult. So has to be done beforehand I will use a solicitor my job can only offer overtime if someone takes time off. If on appeal I may have to show more payslips. They may even be lenient as with my current last 5 months pay it equates to £2083×5= £10415 approx and I will have around 40K in savings even though I cant use this towards my case. I will have to use slips and just how savings even though I cant use this towards the case I can still show the savings I think. What do you think?

Kind regards

If you fail to meet the financial requirement, and that's the only thing that causes a fail, as a result of a recent high court case, your application will be stayed (put on hold). There is no discretion at the moment. Sorry, what new Enlish language requirement are you on about? The only one I'm aware of is when applying to settle or naturalise, your spouse is applying for leave to enter as a spouse of a settled/British citizen is she not?

[Amber]

As above.