Spouse visa application salary issues

[Smad890]

Hi,

My wife is british.
She gets an hourly wage of £9.78 @ 37 hours = £361.86 per week.
But she don't get paid for bank holidays or any holidays she take.
She is going to take 8 holidays in July for which she will not get paid.
So she will get this much from 11th-15th July week £9.78 x 7.4 hrs (37hrs/5days) x 2days = £144.74
And she will get £0 the week after which is from 18th-22nd July.

My question is that can i add up all gross weekly salary(different in some weeks) from May-Oct which will be £7560 to apply for spouse visa? Or does the weekly salary has to be same every week?

So £7560/6 x 12 = £15120.

She will also earn this from another employment:
May £200
June £600
July £400
August £400
Sept £400
Oct £400

So £2400/6 x 12 = £4800

So £15120 + £4800 = £19,920.

Will they accept the application based on the above wages she will receive?

I am so confused as my lawyer first said no because the wages has to be same but then said yes.

[ILR1980]

Your lawyer seem clueless. If your wife is with current employer for 6 months or more in non salaried i.e earning at hourly rate or pay/hour vary each week then all you need to do is add up all her 6 months earning and divide it by 6 and multiply with with 12 . You are fine if this calculated income equal or exceed £18, 600

[Smad890]

Thanks.

Yes she is earning around £15k from one employment and around £4k from second part time employment.

The only issue is that in one employment she is getting weekly paid depending on the number of hours she worked so it is different every week and sometime £0 if she dont work at all.

In second part time employment she is getting monthly paid for hours she worked in a month.

I hope this will not be an issue as her annual salary gross up to more than £18.6K in a year.

By the time i will make an application she will be with both employers for more than 6 months.

[ILR1980]

Thanks.

Yes she is earning around £15k from one employment and around £4k from second part time employment.

The only issue is that in one employment she is getting weekly paid depending on the number of hours she worked so it is different every week and sometime £0 if she dont work at all.

In second part time employment she is getting monthly paid for hours she worked in a month.

I hope this will not be an issue as her annual salary gross up to more than £18.6K in a year.

By the time i will make an application she will be with both employers for more than 6 months.

It seem to me that boht her employments are non salaried but she need to confirm it from her employer as i dont know the nature of her work contract but you should know that the way they calculate your gross annual salary depend on whether you are in salaried or non salaried and length of your employment

[seagul]

Using the combination of two jobs for meeting spouse visa financial requirements is indeed very confusing because noting in guide about that.

[Smad890]

She is getting an hourly pay of 9.78 for 37hrs every week.
But she dont get pay if she is off or on bank holidays.
That is why her salary is different in few weeks.

What she should ask from employer?
Isnt she on non salaried employment because she is gettig paid on hourly basis with no paid holiday?

[ILR1980]

Using the combination of two jobs for meeting spouse visa financial requirements is indeed very confusing because noting in guide about that.

Its not confusing . If boht employment are non salaried then same formula of non salaried used to calculate gross annual salary

If one employment is non salaried while other is salaried then you need to calculate them as per given formula of salaried and non salaried and then combine them

Only thing need to consider here is whether you are with employers at least 6 months or more before application if you want to apply under CAT A

[ILR1980]

She is getting an hourly pay of 9.78 for 37hrs every week.
But she dont get pay if she is off or on bank holidays.
That is why her salary is different in few weeks.

What she should ask from employer?
Isnt she on non salaried employment because she is gettig paid on hourly basis with no paid holiday?

Well hourly paid is not necessarily non salaried if you have fixed number of hours to work each week or month.Salaried employment is where you have pre-employment contract to work fixed number of hours or where your salary is fixed per annum but you are allowed to work overtime including commission or bonuses
She can contact her HR department to get complete knowledge about nature of her contract or whether she come under salaried or non salaried employment

[seagul]

How about a case where both jobs are non salaried and one of the job is less than 6 months but other is above 6 months??

[ILR1980]

How about a case where both jobs are non salaried and one of the job is less than 6 months but other is above 6 months??

For job to be considered under CAT A you must be with employer for at least 6 months prior to application otherwise you have option to apply Under CAT B

[Smad890]

She is employed through reed and it says that it is a temporary role. So she is a temporary worker.
They said that in contract:

"Reed will endeavour at all times during the currency of this contract to allocate the Employee to suitable Assignments and as a minimum guarantees to the Employee that they will be offered at least 336 hours of work on Assignment with Reed over the course of any full 12 month period commencing on the commencement date of the Employee's first Assignment at a rate of pay at least equivalent to the then current National Minimum Wage".

She asked one of her colleague she said we are non salaried.

Is she non-salaried?