# Using my previous UK employment (Spouse visa financial requirement)



## Hello_Christine (Feb 4, 2013)

Hello!

I, like all newbies, am sorry if this has been asked before, but I just couldn't find anything. 

I'm Canadian and will be leaving the UK to go back and work for as long as I have to in Canada before coming back to England. 

My fiancé and I are getting married in June. The only thing we're worried about is the financial requirement. I was on a student visa which expired on January 30th of this year. From July 2012 to January 2013, I was working part-time and earned a little over £4000. My fiancé earns about £16,000 with his salary and freelance work. 

We're not looking to apply for the UK Spouse Visa for myself until late June/July. My question is whether or not we can apply using CAT B for the financial requirement using both of our incomes from the previous 12 month period leading up to the visa, even though from April 2013-June 2013 I'll be working in Canada (I won't be using this income obviously in the application). 

Thank-you so much! x


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## 2farapart (Aug 18, 2011)

You can only use the income that was earned in the UK (anything you have or will continue to earn in Canada won't count). If together that income reaches £18,600, you've met one part of Category B (the past-earnings requirement). However, Category B also requires that your fiancé is earning £18,600 right now and will continue to do so. If his current earnings are only £16,000 this isn't enough, so you'll need to wait until his earnings have been £18,600 in a 12 month period.

One other caution that I'll mention so he can take care of it now: freelance work is classed as self-employment, requiring that he can demonstrate that he's registered with HMRC as self-employed and is able to submit a tax return for a full financial year. This can be combined with other income in the same financial year. The documentary evidence required for self-employment is rather a lot - see Section 9 of http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary for more info on that.

Were any of your grandparents born in the UK? If so, as a Canadian citizen you might be able to apply for an Ancestry visa instead - which avoids the financial requirement. See: UK Border Agency | UK ancestry for info on that route.


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## Hello_Christine (Feb 4, 2013)

I've gone through every possible category for the two of us and the spouse visa is the only one for us. If we can't make this work then he'll move to Canada with me under a work permit. 

My fiancé also has a potential job offer which would start around March. If this pays £18,600, how long would he need to keep this job before we could apply? Would it have to be the 6 months, or could it be less? 

If the new job only paid £18,000 and he still took £600+ in freelance, this would still be adequate under CAT B? 

I don't know if his freelance work counts as self-employment because it's contracted out from the place he works and they are the ones that pay him- it's all on the same wage slip... I'll look into this further though, thank-you!


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## 2farapart (Aug 18, 2011)

Yes, do investigate the contracted-out work. Ordinarily this would still be classed as self-emplyment, but the fact that it's included on his regular pay-slips might mean it could be counted as a type of bonus instead. For this to qualify as salaried employment though, it would need to be mentioned in his contract of emplyment otherwise UKBA might ignore it and look at his base salary only.

Regarding when you can apply: if he earns at least £1,550 every month for six months in his new job, you can apply under Category A at that point and supply 6 months pay slips, bank statements etc. However, if his pay varies and the lowest payments fall below £1,550 a month before tax, you would need to apply under Category B instead, meaning that you'd need to wait a full 12 months before applying.


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## Hello_Christine (Feb 4, 2013)

So, just to clarify, if he earned £1550 a month (including freelance) could we still apply in 6 months under CAT B? Or does CAT B require that you hold the same job for 12 months regardless?


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## Hello_Christine (Feb 4, 2013)

I've been reading back through the replies, and sorry to bother, but again I just want to clarify. If we're applying under CAT B, as long as we can show we've made £18,600+ in the 12 months leading up to our application, that is acceptable to CAT B? Or it's completely irrelevant unless he's making £18,600 right now? And so if he took a new job he'd have to make £18,600 and we could then apply right away under CAT B, or wait 6 months and apply under CAT A, OR have to wait 12 months of him working for his new job with freelance to prove that with his new job he can take in £18,600? 

Sorry, I just need to make sure everything is as I think it is! Huge life decisions and all that. Obviously stressed. 

Thanks all.


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## 2farapart (Aug 18, 2011)

For Category A or B, he must still be earning £18,600 at the point of application. If he's not, then the application won't be successful. For any application based on income (whether employment income or otherwise, the income MUST be £18,600 or greater).

There is the difficulty of his freelance work and how that will be treated. If he is offering his freelance work to his employer as self-employed, and submits his own tax return for the work, then you would be applying under joint categories of B (salaried 12 months) and F (self-employed 12 months), which would then change the 12-month period from the most recent 12 months to the last full financial year (including salary earnt in that timeframe). So how his freelance work will be treated is pivotal to your application.

If this freelance payment appears on his regular pay-slip and his employer deducts that tax as part of PAYE (and he hasn't registered as self-employed with HMRC), would you both be able to convincingly class it as overtime instead to keep it within the most recent 12 month salary window? If so, ask that overtime (amount and frequency would be helpful) is mentioned in his employer's letter. I'm not sure how legitmate this might be, but it could be one way to avoid the more demanding self-employment categories F and G.


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## Hello_Christine (Feb 4, 2013)

So I guess the freelance thing is going to be the key to everything.

My only followup (thus far, sorry!) is about the potential 12 month wait. I'll be honest and say our most likely situation is as follows: CAT B for the previous 12 months using both of our income, then he'll have his new job paying approx £18,000 plus an extra £1000 in freelance. If he has this new job for 6 months would CAT B still be ok? OR ONLY if the first 6 payslips show at least £1550 gross? If not, what is the option? Waiting A FULL YEAR at his new job to average out over a full year £18,600+ using his salary and freelance? (And for the time being I'm saying freelance- but am considering it salaried employment).

Thank-you for your patience. I'm sure you have all this figured out in your head, I'll get there, I just want to be confident we know what we're up against!

I've read the instructions that you linked (I've read them before) but again, just so much jargon and 'grey area'. Just want everything to be clear. 

Thanks sooooo much!


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## 2farapart (Aug 18, 2011)

It's all very complicated. Most people applying under the new rules here have had to come back, clarify, and then reclarify - and what's more, we're all still learning! 

Category A is where UKBA will take your partner's pay at it's lowest point in six months - they're most adamant about that. That technically means that, if he earns less than £1,550 in just one month, it wouldn't matter if he earnt a whole lot more in all the remaining months. They will base your application on his lowest pay and you would fail - so yes, ONLY use Category A if every single pay-slip through 6 months is £1,550 or more.

That means the only other option is to wait until a full 12 months of pay adds up to £18,600 or more (Category B) together with sufficient evidence that he will continue to meet this amount in the foreseeable future (for this he might need to rely on his employer wording a letter to mention that ''extra work' will continue to be available as overtime). This of course all depends on how the freelance work is to be treated, because potentially (if it cannot be construed as overtime for the same employer and the employer is not prepared to class it as overtime) you may need to wait until a complete financial year (typically Apr to Mar of the following year) meets £18,600 if his freelance falls under the self-employed categories - and for this he needs to provide proof of taxation, being registered as self-employed etc.

There is a further option to leave the freelance work out of the equation altogether (and thereby avoid self-employment complexities) and that would be if he was willing to take on a smaller, extra job at weekends or something just to bring his salaried earnings within the £18,600 requirement.


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## Hello_Christine (Feb 4, 2013)

So with both CAT A and CAT B you MUST provide proof that he'll be making £18,600+ regardless of previous earnings, is that right? Regardless if he keeps his current job, or moves onto another one?


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## 2farapart (Aug 18, 2011)

Yes, for the present and future requirement. This actually applies to ALL categories based on income (the self-employed categories F and G, and non-employment income category C - for example: income from property, pension or share dividends).

He can move into another job, though if he he has worked for the new employer for less than 6 months when you apply, you would still need to apply under Category B (Category A only allows application under the same emplyer for all 6 months).


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## Hello_Christine (Feb 4, 2013)

*Gah* Ok, I think it's all starting to come together now. 

Another question- do any potential job offers for me have any effect on the process? I know that I'll have a job offer when I come back- the job is just not likely to pass the Labour Market Test.

I know all the info about applying really only applies to anything I'm doing only if I'm currently legally allowed to work in the UK. 

(Also sorry about the post on the other thread- I'll continue here only!)


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## Hello_Christine (Feb 4, 2013)

This was my post on the other thread so we're not going back and forth:

I thought about the savings, the only issue with that is that, while I have about $25,000-$30,000 in a Canadian account, it's a joint account with my mother. I do remember reading that any savings couldn't be joint with a third party, correct? 

I could always ask him about getting another job- but that's so much work on his account- he already works about 10 hours of unpaid overtime a week so I doubt that would be so feasible- although in reality it might only need to be for 6 months until the application goes through? Possible then! Good to know all the options! *Stress*


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## 2farapart (Aug 18, 2011)

And for completeness, my reply in that same thread copied below: 


2farapart said:


> Ah, yes - a shame. If the account was in your name only, and if it was closer to $30,000, it would have been fine. Even if it was changed now, you would need to hold the account for 6 months in your name - though that might be an easier route if your mother was willing to let you move the money to an account in your own name.
> 
> Although savings can't be used to meet past earnings under Category B, they CAN be used to make up the shortfall in your partner's current and future earnings (which is where you have the problem). If your mother was willing to transfer the funds now, you could move them back after you've applied and been granted your spouse visa because you'd then have a full two years for you both to ensure you are earning enough between you to meet the next visa in 2.5 years time.


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## 2farapart (Aug 18, 2011)

Hello_Christine said:


> *Gah* Ok, I think it's all starting to come together now.
> 
> Another question- do any potential job offers for me have any effect on the process? I know that I'll have a job offer when I come back- the job is just not likely to pass the Labour Market Test.
> 
> ...


Unfortunately, potential job offers for you don't count for this first visa. Once here on the spouse visa, your income will certainly count for the next one, but not for this.


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## Hello_Christine (Feb 4, 2013)

Perfect, thank-you! 

So next comes the call to momma with my *SWEETEST I'M THE BEST DAUGHTER EVER* voice. 

Will keep you updated! 

Thank-you so so so much for everything thus far!


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## 2farapart (Aug 18, 2011)

Hello_Christine said:


> Perfect, thank-you!
> 
> So next comes the call to momma with my *SWEETEST I'M THE BEST DAUGHTER EVER* voice.
> 
> ...


LOL! You will need to sign a declaration that you'll give it back in blood!!! Good luck! 

EDITED to mention that UKBA uses http://www.oanda.com/ for currency conversion, so check with this site that the amount you have saved meets or exceeds £18,000 (better if it exceeds a little to allow for any potential increase in the finance limits due to inflation in the near future).


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## Joppa (Sep 7, 2009)

Under Cat A, the before and after job must be the same (with the same employer). With Cat B, before and after job can be different, provided a) you have earned £18,600 during the past 12 months, and b) you are contracted to earn (with a different employer if needs be) £18,600 on an on-going basis.

There has been at least one successful application to our knowledge where an agency work and the main employment for the same employer was accepted under Cat A, so you may have a chance, but we don't want to give you any assurance or guarantee it will work.


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## Hello_Christine (Feb 4, 2013)

GUYS, it's happening! 

The UPDATE: stress, worry, having to leave the UK (and my then fiance) in April, my fiance coming to Canada, WE GOT MARRIED in June  , but now he's back in the UK... after all this, my mother has been amazing and I now have two savings accounts, in my name only, each with $19,000 Canadian in them to add to my husbands 17,500 (GBP) p.a. salary! 

I just wanted to keep you guys updated, but also would like to ask a question about the letter regarding where the money came from. Between my mother and I we each have close to 6-8 bank accounts each. The money that she gifted me came from bonds in her name; however, much of it was money that she inherited after my father passed away. What would be the best wording for the gifts of money totaling $38,000? And it's pretty essential that I include her current bank balance? She has plenty to live off of, but this is a low amount compared to $19,000+ (ie. approximately $3000-$5000). Do you see any issues with that? Or should she include in her letter the amount she needs to live off of monthly? 

Thanks everyone for the amazing help! xx


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## WestCoastCanadianGirl (Mar 17, 2012)

Just a few short lines to say that the money is a gift and are the proceeds from your late father's will. It would be a good idea to include your Mom's bank statement (bank issued or verified from bank as true copy).

Good luck on your application, Congratulations on your recent wedding and Happy Canada Day next week!


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## Hello_Christine (Feb 4, 2013)

Hello again! Sooooooo, the time is here and I'm currently visiting my husband in the UK and we're getting everything ready to go! One thing about the financial side that I wanted to, again, confirm is whether or not to include my mothers bank statement or not. The bond/accounts that the money came from were pretty much emptied (left with $1000 each). Again, between us both we have about 8 different bank accounts that we consistently use. So what is important for the UKBA? Showing the money leaving her accounts, or all of her other accounts to show that she has money? I don't want to have to go through all my mothers banking information (that's just going to confuse the application and cause more papers for the officer to go through). 

And above where you mention the lines about the money being a gift from my mother via my late father- do I just include this in my introduction letter or a letter attached to the 6 months of bank statements?? 

Applying in January... AHHHHHHH!!!


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## Chathu1 (Jul 17, 2014)

*spouse visa financial requirement please help >>>*

Hi 

I am also having the same problem. 
I worked in uk until march 2014 under student visa and i earned bit over £7000 for the last tax year. 
My husband earned around £17000 for the last tax year and he is a uk citizen. 

I resigned form my job in March 2014 as my new visa does not allow me to work here. My husband got a new job in May which pays him £1700 per calendar month. 
Can we apply under category B spouse visa? 

I am not sure, whether we can use my earnings for the last tax year to show last 12 months earning requirement £18600

please help


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## Pallykin (Mar 30, 2014)

Chathu1 said:


> Hi
> 
> I am also having the same problem.
> I worked in uk until march 2014 under student visa and i earned bit over £7000 for the last tax year.
> ...


Chathu1, you should start a new thread, and include what type of visa you are currently on, as that matters to the answer.


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