# UK Spouse Visa - Financial requirement moving from permanent to contracting



## stickyfingers (Jun 23, 2014)

Hello

My wife and I will be applying for her UK spouse visa in early January, with an plan to make the move in March.

I have worked for the same company for the past 9 years, earning well over the minimum financial requirement for the visa, and would apply under category A.

However, I am looking to start IT Contracting within the next month and will move to a daily rate as opposed to an annual salary. I will be going through an umbrella company and therefore I believe will be technically a full time employee under them, including compliant with PAYE.

Would anyone have any knowledge and/or advice on which category I would apply under for the financial requirement? 

I was thinking it might come under category B and I would have to supply my most recent pay slip, along with the past 12 months from my last full time employment.

Thanks in advance


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## OrganisedChaos (Mar 26, 2013)

Yes, Cat B to avoid waiting 6 months to apply using Cat A.


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## stickyfingers (Jun 23, 2014)

But would that work?

I don't think you can combine Category A with B, and I would be providing my salary at time of application, having been employed for less than 6 months, and then the last 11 months from Category A of full time employment.


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## zakmuh (Aug 18, 2014)

stickyfingers said:


> But would that work?
> 
> I don't think you can combine Category A with B, and I would be providing my salary at time of application, having been employed for less than 6 months, and then the last 11 months from Category A of full time employment.


Youre right, you cant combine A with B, but can combine A with C/D/E.

Annex_FM_1_7_Financial_Requirement...page 18


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## stickyfingers (Jun 23, 2014)

So its best not to start contracting before we apply for the visa?

If we want to apply in January, but i start contracting in November, and say i earned gross wage of £4500 in November, and £4500 in December giving me a total of £9000.

Under category B I would not meet the requirements because:

a)

£9000 / 6 = £1500
£1500 * 12 = £18000 - which is less than the minimum requirement

b) my total earnings in the pass 12 months would only be £9000 because I can't include any salary from my previous full time employment as this would be under category A


Have I worked that out correctly?

From what i can see I would have to work for 5 months at £4500 gross in order to meet the requirement?


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## OrganisedChaos (Mar 26, 2013)

You misunderstood what I said. Using Cat B would allow you to apply straight away, instead of waiting until you have 6 months of financial information for your new employment required for Cat A. This is going by what you said in your original post...



stickyfingers said:


> Hello
> 
> I have worked for the same company for the past 9 years, earning well over the minimum financial requirement for the visa, and would apply under category A.


Cat B uses exact earnings not an average. 
So what are your exact earnings for the last 12 months?


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## stickyfingers (Jun 23, 2014)

As it stands, still in full time employment with the same company for 9 years but had a rise in April:

October 2013 to March 2014 Gross: 1833 * 6 = £10998
April 2014 to September 2014 Gross: 2667 * 6 = £16002

Total earnings for the past 12 months are £27000 Gross


Under the above I could apply straight away under category A.

*****

However, if I start contracting, i might earn £4500 in November, and £4500 in December, and so when we apply for the Visa in January my earnings would look like the following for the previous 12 months:

January to March: £5499
March to October: £18669
November to December: £9000

Total earnings from past 12 months is £33198


So to work out if i meet the requirements of category B, would the following make sense?


Part 1 - Total for most recent 6 months meets requirement

((2667 + 2667 + 2667 + 2667 + 4500 + 4500) /6) * 12 = £39336


Part 2 - Total earnings for the past 12 months meets requirements 

£33198


If the above is correct, I'm still confused how I can apply under category B, but i'm using earnings that would come under category A? Does that make sense?

The example i'm using is Example C from the documentation because as a contractor I might earn £4500 one month and only £3000 another month, and even £0 one month if i can't find work


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## stickyfingers (Jun 23, 2014)

Also, would it make a different being paid weekly? I would just provide the weekly pay slips for the past 2 months, and monthly pay slips for the previous 10 months?


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## OrganisedChaos (Mar 26, 2013)

You are over thinking this and confusing yourself LOL. 
You definitely meet the requirements using Cat B or even Cat A if you were to apply now...

Conditions:
Cat A - Last 6 months payslips no less than £1550 per month salaried (set pay) or an average of £9300+ if non salaried (per hour, day, etc). 
Cat B - £18600+ earned in the last 12 months with no 'rule' on how much was earned per month as long as that amount was earned in the year. In addition to that, current employment must be equivalent to £18,600 annually also. 

Cat B is basically to offer sponsors the flexibility for situations such as yours; change of job or fluctuating pay. 

The new rules are ultimately about proving consistent and adequate employment so that the government are satisfied you can financially support your spouse for the duration of their visa(s).


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## OrganisedChaos (Mar 26, 2013)

And no... having monthly and weekly payslips wouldn't matter as long as they coincide with your bank statements.


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## stickyfingers (Jun 23, 2014)

Thanks for the help, really appreciate it.

So as I understand it, if I were to apply now it would be under Category A.

If I apply in January, after changing roles I would apply under Category B because:

Total income for past 12 months is greater than £18,600 and the amount i earned in December (£4500) when multiplied by 12 to work out my current annual salary is greater than £18,600

Is that correct? How can they work out my current annual salary when i would only have 2 months of pay slips to show as evidence?


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## OrganisedChaos (Mar 26, 2013)

....


stickyfingers said:


> Thanks for the help, really appreciate it.
> 
> So as I understand it, if I were to apply now it would be under Category A.
> 
> ...


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## stickyfingers (Jun 23, 2014)

Many many thanks for helping me to understand this

However, the more I think about it the more we have decided to wait until after her applicaiton before I change jobs. Its just easier to apply under category A

Thanks again


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## OrganisedChaos (Mar 26, 2013)

Glad you got your head around it 
Good luck!


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## Crawford (Jan 23, 2011)

stickyfingers said:


> Many many thanks for helping me to understand this
> 
> However, the more I think about it the more we have decided to wait until after her applicaiton before I change jobs. Its just easier to apply under category A
> 
> Thanks again


Quite agree....... why change now and get your figures all confused with salaried, contracted income etc. etc.

Apply now under Cat A with your current company and continue thinking about moving to a contracting job in the future.


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## DevSupport (Nov 14, 2014)

Hi,

Can anyone help me? I am in similar situation as mentioned in this thread. 

I am not sure under which category shall we application for my wife spouse visa and what are the documents we need to submit for supporting financial requirement. My situation is that I started working as a IT Contractor in February 2014 before that I was a permanent employee. I have setup my own company and I am the sole directory of the company while my wife is in my home country.

As per the AnnexFM_Section_FM_1_7_Financial_Requirement.pdf I have to provide assessment for full financial year and I should be on same work at the time of applying. I started contract job in Feb 2014 and had my first invoice in end of march. I didn't have assessment for year 2013/4 as most of the time I was in permanent employment and not sure whether I can apply for the assessment of 2014/5 as the financial year is not finish yet. So can anyone explain that under which category shall we apply and what are the documents would required?

Thanks 
Dev


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## DevSupport (Nov 14, 2014)

Hi,

Any help on above??

Thanks


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