Questions around financial requirement / bank statements

[bigphil]

Hi folks,

I wondered if someone slightly more in the know than myself could give me an opinion on two questions,

I have filled in the new FLR (M) form which was released 2 days ago in case anyone didn't know: https://www.gov.uk/government/uploads/s ... 1-2016.pdf

FLR (M): 7.3A

(iii) Have you/your sponsor been in
employment with the same employer
and earning the amount specified in (xiv)
below continuously for 6 months prior to
the date of the application? (category A)

I (the sponsor) have been in employment for 2 years, however my salary has risen in the last 3 months from £30k to £32k - I understand I would have to answer No. to this and thus go down Category B, and provide 12 months of statements because of this wage change - can someone clarify this?

My next question revolves around timing... the application submission date (in person) is Dec 5th, however we're paid on the last working day of the month, so effectively 30th of November, however I shall not have a statement to reflect this payment date in time unless it is downloaded via the internet or via fax from the bank - they have told me in no way would they be able to get it in the post to me within 2 working days, and First Direct unfortunately has no walk in branches.

Worst case we could reschedule the appointment for submission, but then it pushes us past the VISA expiry date of 05/12/16... (err yeah.. we booked it for the day the VISA expires).

Thanks to anyone spending time thinking about it!

Phil

[Casa]

I'll leave it to someone better placed to advise on the 12 months financial evidence. (As per usual the 'powers that be' could have worded this more clearly).

Regarding your bank statements, the most recent pay slip + the corresponding bank statement must be no older than 28 days on the date you submit the application. Are you able to do this?

Whatever you do, don't submit the application after the visa expiry date. Apart from the fact that an out of time application wouldn't be accepted at the PSC, your spouse would be considered as an overstayer.

EDIT: I suggest you:
1. Try to bring the appointment forward, submitting last month's payslip & corresponding bank statement (within the 28 day date window I've mentioned above).
OR
2. Submit by post, again with last month's payslip/bank statement as 1 above, ensuring it's submitted BEFORE the expiry date on the current visa.

[bigphil]

Thanks Casa,

Will have the 12 payslips, and 11 months of original posted bank statements, but the last one would have to be a faxed copy from the bank which I'm really unsure about,

The alternative I suppose is rescheduling the appointment but then we're on borrowed time...

Thanks:
Ah, noticed your edit, I think the post sounds like a good idea, the 31st of October is effectively now out of that 28 day period though since we're on a weekend now... it'd be like a day over if I did a special delivery for Tuesday

[Casa]

The faxed copy of your bank statement will be rejected.

If you apply by post you need to consider the following:

1. You MUST post the application no later than the 5/12 by recorded delivery (keep the receipt). The date of posting qualifies as the date of application

2. The last payslip & corresponding bank statement must be no older than 28 days on the date of submission. This means that if you don't submit the application until the 5/12 your payslips/bank statement will be out of date. If your last payslip was issued on the 28/10, then by my reckoning you would have to submit the application no later than the 24/11 which has now passed.

3. What date is your last bank statement? The Case Worker may accept the Nov 28 payslip with the last bank statement dated (?) this month.
Unless anyone has another suggestion, I don't think you have any other choice but to submit by post or apply in person with the last bank statement missing.

DO NOT let the visa expire without submitting an application as it could result in your spouse having to submit an application from outside of the UK and starting her path to settlement all over again.

[bigphil]

Thanks Casa,

The last bank statement is dated: 3rd October to November 2nd

EDIT:

If your last payslip was issued on the 28/10

It was issued on this date yep, and paid on the 31st


Hmmm... this is awkward.

[bigphil]

Double post.

[Casa]

In which case, I believe you'll have to apply without the bank statement which you're not expecting until after the visa expiry date.

You're out of the 28 day period to apply relying on October's pay slip.

My suggestion would be to apply after you receive this month's payslip. If you apply by post you should be able include a covering letter and send the missing bank statement as soon as it arrives. The Case Worker won't begin to assess the postal application until after biometrics have been provided.

If you apply in person there is a risk that the PSC Case Worker may either reject the application on the day or defer the decision which will result in it joining the postal queue at the premium fee.

[bigphil]

Thanks again,

OK that seems like a plan of action, typically, would a case worker accept paperwork submitted after the application has been posted? even if they haven't exactly looked at the application that fast? I guess we are talking a matter of 2-3 working days only.

[Casa]

Thanks again,

OK that seems like a plan of action, typically, would a case worker accept paperwork submitted after the application has been posted? even if they haven't exactly looked at the application that fast? I guess we are talking a matter of 2-3 working days only.

Yes, they certainly should do. You can mention in a letter with the application that the relevant bank statement will be following shortly.

As I've mentioned the application won't be assessed until after the notification to provide biometrics and they've been submitted. When the biometric letter has been received, your spouse will have 15 days to provide biometrics.

[bigphil]

We'll hope for the best!

Appreciate your time and thinking on this and I hope this helps the next man as much as it has myself.

Re: the option A/B on the financial requirements, has anyone else got a better understanding on the actual wording / requirement than myself?

I have a feeling it was written more or less for those that may have a fluctuation of wages under/above the threshold / requirement but it doesn't mention this outright, which leaves it open for interpretation, as we certainly have met the requirement over 6 months.. or 12 months which ever way you look at it, but my salary has still been somewhat variable (quarterly bonus, wage increase...) etc.

Thanks,


Phil

[MobeenSaeed]

We'll hope for the best!

Appreciate your time and thinking on this and I hope this helps the next man as much as it has myself.

Re: the option A/B on the financial requirements, has anyone else got a better understanding on the actual wording / requirement than myself?

I have a feeling it was written more or less for those that may have a fluctuation of wages under/above the threshold / requirement but it doesn't mention this outright, which leaves it open for interpretation, as we certainly have met the requirement over 6 months.. or 12 months which ever way you look at it, but my salary has still been somewhat variable (quarterly bonus, wage increase...) etc.

Thanks,


Phil

The definition is pretty clear. You're in Cat A if you meet the financial requirements 6 months continuously, whether you're on salaried or non-salaried employment. There are caveats of course. If your salary fluctuates, it doesn't matter, as long as it fluctuates above the required threshold.
Now, you're only Cat B if your salary fluctuates below the required threshold from month/week to month/week within the 6 month period and, more so, it matters if you're on salaried employment.
When this is the case, then you're looking at 12 months worth of payslips to account for the week/month where your payslip(s) went below the required threshold.

[seagul]

I don't think that CAT B come into play because OP is working from more than 6 months for same employer. He need to choose either he is on salaried or non-salaried wages under category A route.

[Obie]

If a person chooses to apply under CAT B, they are perfectly entitled to, evenue though it may not make sense if they qualified under CAT A.

I accept that this case falla perfectly under CAT a.

However if OP chooses CAT B, it will have no effect. Just that he will provide more unnecessary paperwork .

[bigphil]

We've come to the conclusion to use category A.

The wording can be such a pain,

Many thanks to everyone, and I'll update this on the eventual outcome when it comes around,

Phil

[bigphil]

Quick update: Application delivered to HO on 1st Dec.

I have a quick query on best practice for providing an additional document after the application has been submitted (in my case my final bank statement now that it has arrived through the post) -- should I wait for the acknowledgement letter to come through with our case reference before sending this across?

Thanks

[bigphil]

VISA has been granted today!

Thanks everyone for your input, especially CASA, for your sound advice on not delaying past the expiry date.

To answer my own query above, it seemed the most sensible option was to just wait and obtain the case reference on the acknowledgement letter before sending the additional statement, to try avoid admin errors and all that.

[Casa]

VISA has been granted today!

Thanks everyone for your input, especially CASA, for your sound advice on not delaying past the expiry date.

To answer my own query above, it seemed the most sensible option was to just wait and obtain the case reference on the acknowledgement letter before sending the additional statement, to try avoid admin errors and all that.

You're most welcome. It's always satisfying to know there's been a happy outcome. Thanks for the update