# Spouse Visa -Financial Requirements



## Guest (Dec 27, 2012)

Dear all,

I was reading this forum for a while and benefitting from advices. However, today in total frustration and confusion with my husband, I thought to post it here, maybe someone can help us.

My husband is British and we recently got married (2 weeks a go). I am on tier 4 student visa with validity till end Jan 2013. 

While reviewing the FLR(M) form and guideline regarding the financial requirements, we became confused if we are meeting the requirements or not as follows:

My husband's gross annual salary is 16,400. He recently started his consultancy work (last month) but we realised that we cannot include that as he doesn't have 12 month financial evidence for that. I was receiving post-grad monthly stipend till Sept 2012, and the Jan-Aug total is around 7,000. so I guess we meet the financial requirement for the past 12 months. 

My question is now, does the fact that my stipend ended in Sept and the fact that I'm unemployed (was a full time student till last week), would affect our application as it's not continued? What if, My husband or I get a job offer within the next few weeks which meets the threshold? (as we are in the process of job application)...

I would really appreciate your advices!


----------



## Joppa (Sep 7, 2009)

Jeh said:


> Dear all,
> 
> I was reading this forum for a while and benefitting from advices. However, today in total frustration and confusion with my husband, I thought to post it here, maybe someone can help us.
> 
> ...


Category B is evidenced in two parts.
First part is on the day of application, the sponsor (and applicant as you are in UK with the right to work) is in employment earning £18,600. So your husband has to get another job that meets the salary level or get a pay rise.
Second part is income during the previous 12 months, which you meet through your husband's salary and your uni stipend.


----------



## Guest (Dec 27, 2012)

Thanks Joppa for your quick response! That's what makes me more confused as we are applying under category A complemented by Category C, not category B... my other question is that if he gets a job offer within the next week or two or even a raise to be affected from Jan, would that help our case? (we are opting for premium service through an agent)


----------



## Joppa (Sep 7, 2009)

Jeh said:


> Thanks Joppa for your quick response! That's what makes me more confused as we are applying under category A complemented by Category C, not category B... my other question is that if he gets a job offer within the next week or two or even a raise to be affected from Jan, would that help our case? (we are opting for premium service through an agent)


You cannot go with A + C as A is only concerned with current employment, and C in your case refers to previous stipend you used to get. So B is the only possible way as far as I can see.

If your husband gets a new job or a rise in January, then you can apply at the end of June or start of July. But by then you may not have earned a combined total of £18,600 in the previous 12 months as your stipend has ended in September, though your husband's consultancy fees from 2012-13 may come to your rescue (F). There is a stringent evidential requirement for self-employment income.
Or if he earns consistenly £1550 for 6 months (A) from a new job or a rise, then you can apply at the ned of the period without any further financial requirement.


----------



## Guest (Dec 27, 2012)

Thank you Joppa! I will sit to read the guideline again. Unfortunately applying in June/July is not an option as that means I have to go back home and there are no UK embassies back home which would make it further complicated... 

As far as i understood, we could not apply under Category B as he was with his current employer for more than 6 months (exactly 8 months)... we have assets that unfortunately wont come to count such as pension or boat insurance worth of 25000 as they are not source of income! it's so frustrating to demonstrate the requirements they way they have put it though in practice we meet it...January is our chance now to apply... 

one question: if we apply and for any reason we get rejected, given that my visa expires by end Jan, would I be able to stay and appeal or do I have to leave?


----------



## Guest (Dec 27, 2012)

Hubby here...

Current job is contracted for 40hr/wk 
If I take the avg hourly rate of income i am earning and pro rata this over 52 weeks (ie as a projection based on my current earnings and demonstrable via my payslips) then I exceed the required contractual income per year. However my contract is for a lower rate, as my income includes a tronc (service charge) likely to be any consideration of this actual gross rate or just the contract agreement?

If I include my self-employed income then I am well in excess of the threshold, however I have only 3-4months history and no contract to demonstrate this income. 

With kind thanks for your support thus far 
A


----------



## Guest (Dec 27, 2012)

Just to save you from confusion, the above post is written by my husband... he jumped to the tread to ask his question... 

we both really appreciate Joppa's support so far and everyone else.


----------



## Joppa (Sep 7, 2009)

The guidance says:

_(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:
(i) They are contractual; and (ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.
(b) Overtime, commission-based pay and bonuses will be counted as income.
(c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
d) Gross income from employment income paid at an hourly rate will be counted on the same basis as income from salaried employment and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from employment paid at an hourly rate._

If your pay structure complies with above and your income is above £1550 a month gross for every months for 6 months, you can apply under Category A.


----------



## Guest (Dec 28, 2012)

Dear Joppa et al!

Many thanks for your reply. We sat down and re-calculated everything! It seems that since his salary is variable, we can apply under cat B although he is with his employer for more than 6 months. This allows us to add the whole 12 months payslips together and not just taking the lowest paid * 12. That means for the past 12 months, together with my stipend, we have a total of 22K!

Now the question is with regard to the part one for the current salary at the time of application. How shall we calculate that since it is variable? he is entitled to commissions and they vary depending on how much work he finishes on top of his paid-by-hour salary (which is again variable!!). 
If he takes an average of how much he is paid by hour times 40 hours per week time 52 weeks together with the maximum amount of commission (5200) he earns 24K... it just doesn't sound logical to take one month earning as one month he has received 1000 and another month 2200! 

Can anyone comment if we are calculating correctly? If his employer writes a letter confirming this calculation and we add an excel chart based on his previous payslips, would that be ok? 

Many many thanks! we have a few stressful weeks to face...


----------



## 2farapart (Aug 18, 2011)

Under Category B, UKBA will calculate whether you were able to earn a total £18,600 gross per annum for the most recent 12 months from your date of application. It's an overall total for the year (it's not like Category A where they take a monthly amount and multiply it), so it's quite simple.

It sounds to me that there is more burden in proving how you will continue to earn this amount in the subsequent years for the visa. Your stipend will have ended, and you're not using the self-employment categories so this won't be taken into account either, therefore your essential evidence will rest with his current salaried job. Commission and overtime are both taken into account, but commission must be contractual (so do ensure it is mentioned in his contract of employment otherwise there is a danger that UKBA will ignore this element). If his employer can put in writing (in addition to his current pay and terms) a projection for his commission based on a year's employment (ie what his employer reasonably expects him to make), it could help.

I'm not sure whether it will be taken into account, but if your husband has already registered with HMRC for self-employment and actually has some records (bank statements and possibly any accounts) showing regular earnings from his self-employment, it might also help to add this as additional documentation with a letter explaining that he is newly self-employed and he projects to make a further [.....] in income based on his work to date. As Joppa said, the evidential requirements for self-employment are extensive and your husband won't have all required documents yet (so this might be ignored), but it might not hurt to mention it as part of your plans to shore up your future income and ensure you continue to meet the £18,600 requirement.


----------



## Newforestcat (Mar 14, 2012)

Hello Joppa,

I am trying to gather some info for a friend. Please could you give me the link that contains the info below. I have been trying to find it without any success. Thanks a lot for your help in anticipation. 



Joppa said:


> The guidance says:
> 
> _(a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:
> (i) They are contractual; and (ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.
> ...


----------



## Altair (Mar 21, 2013)

Hi, I have similar question too using the above scenario i.e. my pay structure is under £1550, its £1543.3 however doing overtime in DEC, JAN, FEB, MAR, APR has covered the shortfall, my overtime is payed in the following month . So I am covered in May as well and that's a total of 6 months of payslips way above the threshold of £1550. Can I definately apply using CAT A. Plus I have current account and isa account which at the moment just increased to £16,787. 

I would be grateful for any help.


----------



## Leanna (Oct 22, 2012)

Newforestcat said:


> Hello Joppa,
> 
> I am trying to gather some info for a friend. Please could you give me the link that contains the info below. I have been trying to find it without any success. Thanks a lot for your help in anticipation.


UK Border Agency | Appendix FM-SE - Family members - specified evidence

Just Google a sentence in that post and it brought it up straight away. It is the Appendix FM-SE.


----------



## Joppa (Sep 7, 2009)

Altair said:


> Hi, I have similar question too using the above scenario i.e. my pay structure is under £1550, its £1543.3 however doing overtime in DEC, JAN, FEB, MAR, APR has covered the shortfall, my overtime is paid in the following month . So I am covered in May as well and that's a total of 6 months of payslips way above the threshold of £1550. Can I definately apply using CAT A. Plus I have current account and isa account which at the moment just increased to £16,787.


You should be able to , provided your letter of employment states you are eligible for overtime, and you have pay slips covering full 6 months, each showing at least £1,550 gross, so you have to wait till you get your May pay slip. Plus P60 when issued (by end of May).


----------

