Guidance on financial requirements for spouse visa

[hmo]

Hello everybody,

I would like some advice to see if I meet the financial requirements so that my non-EU spouse can join me in the UK.

About us:
I'm a British citizen, my spouse is a non-EU citizen. We became married in Feb 18. We want to apply for the 2.5year visa to live and work together.

The situation:
I think that I will need to apply under category B.

I was employed until the end of January 2018, earning £3916 per month gross.
I was then unemployed for a period of time.
I will start a new job next week earning £5416 per month gross (£65K / annum).

My questions are:

1) Can I apply under category B (less than 6 months with current employer) once my earnings with that employer are above £18,600? Ie in about 3.5 months I will have earned £18,600 with no other earnings within the previous 12 months.

2) Can salary advances (not a bonus) count towards salaried income that I can use in category B? Could I then use that income in addition to the previous employed in the last 12 months. Ie My new employer advanced me 3 months of salary at the end of this month (~£16K gross) and I combined that with Dec 17 and Jan 18 gross earnings (~£4K)

3) Will any of this be regarded as bending the rules and increase the likelihood of a denial?

Thanks for your help

[Londoner007]

When do you intend to apply?

[hmo]

Thanks for the reply - I intend to apply as soon as possible.

1) If it's possible to apply under category B with less than 6 months employment (but earning over £18,600) I'll apply in mid March once I have earned above the threshold

2) If salary advances count as salaried employment and not loans I'll apply in mid December

[seagul]

Thanks for the reply - I intend to apply as soon as possible.

1) If it's possible to apply under category B with less than 6 months employment (but earning over £18,600) I'll apply in mid March once I have earned above the threshold

2) If salary advances count as salaried employment and not loans I'll apply in mid December

You left your job in January 2018 which is long while ago and how can you earn £18600 in 2-3 months? And whats your mean from salary advances?

[hmo]

You left your job in January 2018 which is long while ago and how can you earn £18600 in 2-3 months? And whats your mean from salary advances?

Thanks for your reply -

At my new employment I will have earned £18600 gross when I get my payslip at the end of February - could I then apply under category B, having met the 12 months income requirement but with less than 6 months employment? My main confusion is with the use of "in addition" in paragraph 5.3.9 of the appendix fm 1.7.

By salary advance I mean that my new employer could pay my first ~3 months salary in the first paycheck and I would pay it back out of the following months. If this is treated as salaried employment I'd be able to combine it with my December 17/January 18 pay and apply for the visa sooner.

[seagul]

February means after 4 months from now. So in that case why not you just wait another 2 more months and apply after 6 months under category A which will make the case more straight.