Please help ,spouse visa with 6 month payslips .

[Minaluong6]

Hello everyone.

I’m Vietnamese visa expires in the end of this month, my husband is BRITISH.
I’m applying for my spouse visa soon, in the employment contract of my husband, the annual salary is £ 18813,contract was started in April however the salary of April, May, June, July was 499.25 each month ( part time) , salary of August and September was £1568 Each Month ( full time and rate rises) , in the contract states that after 6 months he is promoted to be manager, now he is a manager full time and salary increases to £2280 each month. I’m really worried if we submit these six months payslips, whether my husband qualifies for finance threshold or not, (he got saving account but just under £10000). So there is any chance for my spouse visa, and if in the case of rejecting then what can we do ? Can anyone please give me an advice, I hope to hear from you guys soon, I really appreciate that. Thank you very much for reading

[CR001]

Are you currently on a spouse visa? Is this the visa that is expiring and you are applying for an extension?

You need to meet the requirements for the full 6 months. If you submit 3 payslips with less that is the figure HO will use to calculate the financial requirement.

Do you work?

[Minaluong6]

Thank you for replying, I have been here with student visa. I started to work part time from this August.

So if the finance requirements is not qualified for these 6 months, HO will allow us to appeal like do I have any chance to submit 3 others months in January? At that time we cover enough 6 months payslips.


Thank you.

[Minaluong6]

Also if I submit 3 months, August, September and Oct then salary is 1568+1568+2280=5416. Then is it OK to qualified for 3 months?

[MobeenSaeed]

Hello everyone.

I’m Vietnamese visa expires in the end of this month, my husband is BRITISH.
I’m applying for my spouse visa soon, in the employment contract of my husband, the annual salary is £ 18813,contract was started in April however the salary of April, May, June, July was 499.25 each month ( part time) , salary of August and September was £1568 Each Month ( full time and rate rises) , in the contract states that after 6 months he is promoted to be manager, now he is a manager full time and salary increases to £2280 each month. I’m really worried if we submit these six months payslips, whether my husband qualifies for finance threshold or not, (he got saving account but just under £10000). So there is any chance for my spouse visa, and if in the case of rejecting then what can we do ? Can anyone please give me an advice, I hope to hear from you guys soon, I really appreciate that. Thank you very much for reading

In regards to submitting your current six months of payslips, the following excerpt from the following link by HO should assuage your concerns:

"Where the person is in salaried employment they must have been paid throughout
the period of 6 months prior to the date of application at a level of gross annual salary
which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period."

https://www.gov.uk/government/uploads/s ... rement.pdf

So, you can see, your lowest monthly salary will be used, and, in that case, it will be rejected if you don't have a job yourself! If you have a job, then you can submit your monthly earnings as well!
Or, you can start your six months from August, where you do meet the requirements!

[CR001]

If you/partner don't meet the financial requirement, you should apply on FLR(FP) partner route and not on FLR(M).

[Minaluong6]

Thank you for suggesting. But can you please make it clear about FLR(FP)?

Thank you.

[Minaluong6]

Hello everyone.

I’m Vietnamese visa expires in the end of this month, my husband is BRITISH.
I’m applying for my spouse visa soon, in the employment contract of my husband, the annual salary is £ 18813,contract was started in April however the salary of April, May, June, July was 499.25 each month ( part time) , salary of August and September was £1568 Each Month ( full time and rate rises) , in the contract states that after 6 months he is promoted to be manager, now he is a manager full time and salary increases to £2280 each month. I’m really worried if we submit these six months payslips, whether my husband qualifies for finance threshold or not, (he got saving account but just under £10000). So there is any chance for my spouse visa, and if in the case of rejecting then what can we do ? Can anyone please give me an advice, I hope to hear from you guys soon, I really appreciate that. Thank you very much for reading

In regards to submitting your current six months of payslips, the following excerpt from the following link by HO should assuage your concerns:

"Where the person is in salaried employment they must have been paid throughout
the period of 6 months prior to the date of application at a level of gross annual salary
which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the 6 month period."

https://www.gov.uk/government/uploads/s ... rement.pdf

So, you can see, your lowest monthly salary will be used, and, in that case, it will be rejected if you don't have a job yourself! If you have a job, then you can submit your monthly earnings as well!
Or, you can start your six months from August, where you do meet the requirements!

Thank you for replying . But my salary is very little because this is part time . Is there any requirements relating to my earning level

[MobeenSaeed]

Thank you for replying . But my salary is very little because this is part time . Is there any requirements relating to my earning level

In regards to your question about being a requirement on your salary. If you have the right to work in the UK and have been doing so for the past 6 months prior to your application, this following example, from page 27 should help answer your question:

"Example (d)
The applicant (with permission to work) and his partner are both in employment in the UK at the date of application. The applicant earns £12,000 a year and has been earning that level of income with the same employer for 17 months. The applicant’s partner has recently moved to a new job
earning £10,000 a year and has only been in her current employment for 3 months.
However, she has received £12,000 in employment income in the 12 months prior to the
date of application.
If the applicant’s partner had been in her current job at that level of annual earnings for at
least 6 months, the applicant could have combined their current levels of annual earnings
under Category A: £12,000 + £10,000 = £22,000. Instead, the applicant must
use Category
B: under part (1) their combined level of current earnings is £22,000; under part (2) their
combined income from employment over the last 12 months is £12,000 + £12,000 =
£24,000.
So both part (1) and part (2) of Category B are met"

https://www.gov.uk/government/uploads/s ... rement.pdf

Pay close attention to the text that is in bold! Hopefully that answers your question!

[Minaluong6]

Thank you for replying . But my salary is very little because this is part time . Is there any requirements relating to my earning level

In regards to your question about being a requirement on your salary. If you have the right to work in the UK and have been doing so for the past 6 months prior to your application, this following example, from page 27 should help answer your question:

"Example (d)
The applicant (with permission to work) and his partner are both in employment in the UK at the date of application. The applicant earns £12,000 a year and has been earning that level of income with the same employer for 17 months. The applicant’s partner has recently moved to a new job
earning £10,000 a year and has only been in her current employment for 3 months.
However, she has received £12,000 in employment income in the 12 months prior to the
date of application.
If the applicant’s partner had been in her current job at that level of annual earnings for at
least 6 months, the applicant could have combined their current levels of annual earnings
under Category A: £12,000 + £10,000 = £22,000. Instead, the applicant must
use Category
B: under part (1) their combined level of current earnings is £22,000; under part (2) their
combined income from employment over the last 12 months is £12,000 + £12,000 =
£24,000.
So both part (1) and part (2) of Category B are met"

https://www.gov.uk/government/uploads/s ... rement.pdf

Pay close attention to the text that is in bold! Hopefully that answers your question!

Thank you for replying.
In this case does my saving account help anything ? I'm a student, I have a saving account which is supported from my parent.

[CR001]

Only savings of more than £16,000 will be counted.

[MobeenSaeed]

Thank you for replying.
In this case does my saving account help anything ? I'm a student, I have a saving account which is supported from my parent.

On page 20 of the same link I sent you, this following excerpt should help answer your specific question:

"An amount based on the cash savings above £16,000 held by the applicant’s partner, the applicant or both jointly for at least the 6 months prior to the date of application and under their control. At the entryclearance/initial leave to remain stage and the further leave stage, the amount above £16,000 mustbe divided by 2.5 (to reflect the 2.5 year or 30month period before the applicant will have to make a
further application) to give the amount which can be added to income. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be added to income"

https://www.gov.uk/government/uploads/s ... rement.pdf

[Minaluong6]

Thank you for replying.
In this case does my saving account help anything ? I'm a student, I have a saving account which is supported from my parent.

On page 20 of the same link I sent you, this following excerpt should help answer your specific question:

"An amount based on the cash savings above £16,000 held by the applicant’s partner, the applicant or both jointly for at least the 6 months prior to the date of application and under their control. At the entryclearance/initial leave to remain stage and the further leave stage, the amount above £16,000 mustbe divided by 2.5 (to reflect the 2.5 year or 30month period before the applicant will have to make a
further application) to give the amount which can be added to income. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be added to income"

https://www.gov.uk/government/uploads/s ... rement.pdf

Thank you very much.

I got 9500 in my saving account and my husband have 7000, my part time work salary is 325 per month, my husband annual salary is 18800, his employment contract started from April, in the contract first four months he worked part time, and full time job started from Aug with higher pay, Aug and Sep salary is 1568, from Oct he is promoted as manager then salary is 2280 per month until March 2017, So if in the case HO reject because of financial requirement for 6 months ( May to Oct) , then do we have a chance to appeal ? Because the visa process takes 3 months
, then if we have a chance to appeal , can we use the payslip of Nov, Dec, Jan to cover the requirement?



Thank you .

[MobeenSaeed]

Thank you very much.

I got 9500 in my saving account and my husband have 7000, my part time work salary is 325 per month, my husband annual salary is 18800, his employment contract started from April, in the contract first four months he worked part time, and full time job started from Aug with higher pay, Aug and Sep salary is 1568, from Oct he is promoted as manager then salary is 2280 per month until March 2017, So if in the case HO reject because of financial requirement for 6 months ( May to Oct) , then do we have a chance to appeal ? Because the visa process takes 3 months
, then if we have a chance to appeal , can we use the payslip of Nov, Dec, Jan to cover the requirement?



Thank you .

Ok. So you have £16,500 in your bank account and for this to be taken into account, it has to be in your account 6 months prior to your application. But, also, remember, you can only use £200 of that to add to your income (see page 20/21, example b, of the link I sent you to see why that is the case). Given the information you have provided on your monthly salary and your husband's lowest monthly salary and £200 added in, you won't meet the financial requirement £18,600.

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, moving onto your next question, if you submit the payslips you have mentioned, your application will get rejected and you won't get a chance to appeal because only payslips prior to your application will be taken into account. And, the payslips you're referring to are after your application because you want to submit payslips from May-October.

If it was myself, I would submit payslips from August-January, and make your application after that because you will have met the financial requirements. This seems like your best option, from what I can see!

[Minaluong6]

Thank you very much.

I got 9500 in my saving account and my husband have 7000, my part time work salary is 325 per month, my husband annual salary is 18800, his employment contract started from April, in the contract first four months he worked part time, and full time job started from Aug with higher pay, Aug and Sep salary is 1568, from Oct he is promoted as manager then salary is 2280 per month until March 2017, So if in the case HO reject because of financial requirement for 6 months ( May to Oct) , then do we have a chance to appeal ? Because the visa process takes 3 months
, then if we have a chance to appeal , can we use the payslip of Nov, Dec, Jan to cover the requirement?



Thank you .

Ok. So you have £16,500 in your bank account and for this to be taken into account, it has to be in your account 6 months prior to your application. But, also, remember, you can only use £200 of that to add to your income (see page 20/21, example b, of the link I sent you to see why that is the case). Given the information you have provided on your monthly salary and your husband's lowest monthly salary and £200 added in, you won't meet the financial requirement £18,600.

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, moving onto your next question, if you submit the payslips you have mentioned, your application will get rejected and you won't get a chance to appeal because only payslips prior to your application will be taken into account. And, the payslips you're referring to are after your application because you want to submit payslips from May-October.

If it was myself, I would submit payslips from August-January, and make your application after that because you will have met the financial requirements. This seems like your best option, from what I can see!

But my visa expires in the end of this month. So that means I have to leave the country ?

[Minaluong6]

Thank you very much.

I got 9500 in my saving account and my husband have 7000, my part time work salary is 325 per month, my husband annual salary is 18800, his employment contract started from April, in the contract first four months he worked part time, and full time job started from Aug with higher pay, Aug and Sep salary is 1568, from Oct he is promoted as manager then salary is 2280 per month until March 2017, So if in the case HO reject because of financial requirement for 6 months ( May to Oct) , then do we have a chance to appeal ? Because the visa process takes 3 months
, then if we have a chance to appeal , can we use the payslip of Nov, Dec, Jan to cover the requirement?



Thank you .

Ok. So you have £16,500 in your bank account and for this to be taken into account, it has to be in your account 6 months prior to your application. But, also, remember, you can only use £200 of that to add to your income (see page 20/21, example b, of the link I sent you to see why that is the case). Given the information you have provided on your monthly salary and your husband's lowest monthly salary and £200 added in, you won't meet the financial requirement £18,600.

https://www.gov.uk/government/uploads/s ... rement.pdf

Now, moving onto your next question, if you submit the payslips you have mentioned, your application will get rejected and you won't get a chance to appeal because only payslips prior to your application will be taken into account. And, the payslips you're referring to are after your application because you want to submit payslips from May-October.

If it was myself, I would submit payslips from August-January, and make your application after that because you will have met the financial requirements. This seems like your best option, from what I can see!

But my visa expires in the end of this month. So that means I have to leave the country ?

Also, in the case the visa is rejected then do we have a chance to reapply in January?

[MobeenSaeed]

But my visa expires in the end of this month. So that means I have to leave the country ?

Also, in the case the visa is rejected then do we have a chance to reapply in January?

As far as I am aware, if you want to apply for spouse visa, you have to travel back to your country and apply as a citizen from your native country, hence the term spouse visa!

If you submit the payslips you are intending to submit, it will no doubt get rejected, and, yes, you can re-apply again, but, that's a waste of money. Just wait until end of January and apply then, would be the best option from what I can observe!

[Casa]

In normal circumstances it is permitted to switch to a spouse visa from Tier 4 from within the UK.

However, if your husband falls short in meeting the £18,600 income level you would have to return to your home country and apply from there once the 6 months of payslips show earnings of £9,300.

As you are now aware, with variable income the HO will take the lowest payslip and multiply it by 12 to give the annual earnings.

Appealing a refusal for a correct decision would be not only very lengthy and expensive, but also pointless. Far better to leave the UK before your current visa expires and apply once you are able to meet the mandatory income level.

The qualifying income level will be assessed as the date of the application, not date that the Case Worker processes it.

[Minaluong6]

Thank you guys for your helpful replies. I appreciate that.

[Minaluong6]

Hi everyone again. I got one more question. I follow the advice and go back home country on 28 Oct, my husband will invite me to come back UK as visitor visa in November, visitor visa will last 6 months, and in January my husband qualifies for 6 months payslips requirement, then can I switch from visitor visa to SPOUSE visa Without going back home country ?




Thank you very much.

[MobeenSaeed]

Hi everyone again. I got one more question. I follow the advice and go back home country on 28 Oct, my husband will invite me to come back UK as visitor visa in November, visitor visa will last 6 months, and in January my husband qualifies for 6 months payslips requirement, then can I switch from visitor visa to SPOUSE visa Without going back home country ?




Thank you very much.

In regards to your question about applying for spouse visa whilst on visitor visa within UK, I am pretty sure this is not allowed. Just to confirm this, did a quick google search and came up on the following thread that was made on this forum, earlier this year. Here's what a few mod's had to say about this matter, confirming what I have just told you:

"No, you can't. A person on a visit visa is not able to switch to any other category from within the UK.

She will have to leave the UK to apply for a spouse visa."

"A Spouse visa falls under the 'Join settled person' category. CR001 is absolutely correct that this can't be applied for from within the UK while on a visitor visa."

http://www.immigrationboards.com/genera ... 04801.html

Hope this answers your question!

[Casa]

No doubt about it. You would have to return to your home country in order to submit a spouse visa application.

Unfortunately, you should also be aware that unless you can submit evidence of strong ties to your home country, a visitor visa application will fail. With your husband living in the UK, this may be difficult to convince the Entry Clearance Officer that you won't overstay.

[Minaluong6]

Hi everyone again. I got one more question. I follow the advice and go back home country on 28 Oct, my husband will invite me to come back UK as visitor visa in November, visitor visa will last 6 months, and in January my husband qualifies for 6 months payslips requirement, then can I switch from visitor visa to SPOUSE visa Without going back home country ?




Thank you very much.

In regards to your question about applying for spouse visa whilst on visitor visa within UK, I am pretty sure this is not allowed. Just to confirm this, did a quick google search and came up on the following thread that was made on this forum, earlier this year. Here's what a few mod's had to say about this matter, confirming what I have just told you:

"No, you can't. A person on a visit visa is not able to switch to any other category from within the UK.

She will have to leave the UK to apply for a spouse visa."

"A Spouse visa falls under the 'Join settled person' category. CR001 is absolutely correct that this can't be applied for from within the UK while on a visitor visa."

http://www.immigrationboards.com/genera ... 04801.html

Hope this answers your question!

Thank you. So best option for me is wait until January and apply for spouse visa?

[Minaluong6]

No doubt about it. You would have to return to your home country in order to submit a spouse visa application.

Unfortunately, you should also be aware that unless you can submit evidence of strong ties to your home country, a visitor visa application will fail. With your husband living in the UK, this may be difficult to convince the Entry Clearance Officer that you won't overstay.

Thank you. So best option for me is wait until January and apply for spouse visa?

[MobeenSaeed]

Thank you. So best option for me is wait until January and apply for spouse visa?

From your home country, yes, that would be your best option, I believe!