Spouse’s Visa for ILR: working overseas and transfer

[lohith]

Dear Immigration Board,

This is a simple and straight forward question. I have an ILR and was working overseas for an year for same employer and in the same job, I transferred back to UK 3 months ago. I am applying for my spouse’s visa and I have to meet the Appendix FM 1.7 Financial requirement and Maintenance.

I cannot apply under category A as my overseas annual gross salary was £11,00, which is less than the gross annual salary of £18,600. But there is a provision for not opting to be considered under category A even if I have stayed with my employer for atleast 6 months. i.e I can opt to be considered under category B, variable Pay
I need to know if I meet the part (ii) under Category B.
i) Gross annual salary at the time of the application (well above £18600)
ii) From salaried employment, I must have received more than £18600 in the 12 months prior to the date of application

I satisfy Category B(ii) when I add my 9 months overseas salary with the past 3 months UK salary.
Is this a valid way of meeting the financial requirement from the employment in past 12 months? Can we add overseas salary with UK salary?

Thanks,
10hith

[lohith]

I have an ILR and I am applying for spouse visa and have to meet the financial requirement.
I was working for the same employer overseas for 1.5 years, where I was paid annual gross salary below the required minimum (£11,000). 3 months back, I transferred to a job in the UK with the same employer, with a gross annual salary of £50,000.
Going by 5.5.12 below, My job offer in the UK is £50,000 but what will my overseas employment income be? £11,000 or £50,000?

5.5.12. Where the applicant’s partner is working overseas and transfers with the same employer to a job in the UK, that employment may be used to meet both the overseas employment income and the confirmed job offer in the UK required under Category A or Category B.

Can I apply for Category A? will my UK salary be considered for last 6 months?
Or should I apply for Category B?
Or is this applicable only if I am making the application outside of UK and seeking to enter UK with my partner?

Thanks,
10hith