# Spouse visa: Weekly pay/ housing/ proof/not straightforward!



## safina12 (Dec 3, 2012)

Hi,

I am in the process of preparing documents in order to get my husbands visa to get back to the UK and waiting out the final months of working to meet the 6month of payslips Cat A route to apply.

A bit of bacground. We studied at the same uni 3 yrs ago where we met and our relationship started. We were going to apply back in Feb which got delayed because of a sudden death in my family and then further delayed when he had to go back to Pakistan last minute due to a family member being unwell. Anyway the plan was that we would apply after he came back late May. He left for about a fortnight. His visa expiring in July. On his arrival at Heathrow he was questioned and refused entry. He had told the officer that his recent attendance on his course had been inconsistent and I think the deal breaker was that we were gonna convert visa to spouse. Anyway I haven't seen the papers (being sent at some point) but the gist I got was he was removed, something was stamped on his passport. He returned to Pak on his own cost though. This has understandably left us in a bit of a pickle. Emotions aside, things were up in the air. I was a student so not earning much at all with my weekend job and relied on his income too for the application (pre July changes) and things were a bit of a mess.

Anyway fast forward a few months and with the grace of God and some luck I have found myself a job in which I meet the financial requirement. This is where my first question lies. The first payslip which I received and meets the £1550 a month was as of 1st October (previous two were just short). I however get paid 4 weekly. On March 29th I will receive my 6th payslip. This will be 2 days short of the full 6th month, will the UKBA be that picky that the application will be rejected if I use up to 29th March or will it be better to just wait the extra 4 weeks to the next payslip. I would like to wait and be safe because after having my husband taken away from me so suddenly and horribly I do not want anything to get in the way of the application while I do just wish I could get it sent at the same time. 

Continuing on the financial side, my contract is not salaried. I have no set wage as each rate I am paid depends on the client's care needs. I could get my employer to confirm that my current client is expected to be with us for at least a year easily. It does however state that the minimum I will be paid is £360/ week which itself is actually wrong and should be £420 except I have a out of date contract terms. This however is not guaranteed so don't think it can be called a fixed salary. Will this be a problem applying under Cat A/ 6 months. I can meet all requirements but I am stuck literally on the word salaried as I am not salaried, rather paid for what I do and in this case paid hourly. Please can someone tell me my job is good enough though I don't get a flat rate/ fixed monthly income. I will meet over the 18,600// 9,300 in 6months. I'm so scared after all this that the type of pay I receive will be further delaying my application as I don't want to wait for 12months to show I've earned £18,600.

On housing I will be living with parents for at least the first 6 months or so and live there now so will it being a council property affect me using this address. I will rent if I have to but would rather wait til my husband is back to look for somewhere together and not to mention it is allowing me to save for our future. So will a letter of no objection be ok? Wil this be obtained from a council management office? Will have parents consent letter too as well as property report, a utility bill statement and council tax statement to show its up to date. Is this enough? It is definitely not overcrowded so that fortunately will not pose a problem. Have the house layout plan in a booklet I came across so will send that with pictures too. 

For evidence of relationship I have lots of Skype/ fb history and call records. We have pictures from before he got denied reentry but not many and we never got round to putting his name on our old place so will that be a huge issue? Also we are meant to have our big asian wedding in April in Pakistan but this may not be happening as my grandma is terminally ill we've just found out so wedding plans are in limbo and my possibly not happen. Will this pose much of a problem? I know we have our registry cert but caseworkers will know our customs and traditions and most likely note the gaping hole that is our proper wedding pics/ details. Would a letter from a doc confirming my nans illness be ok or can we give our own word? I say this because her illness is bad enough for me and it feels wrong having to document it just to send for the UKBA, it just doesn't sit well with me though I will have to do it if need be. 


Most obviously as far as my husbands deportation/ removal- how bad is it? I have read varying accounts and it worries me the most as I think everything else can be addressed in one way or another and so scared that this will be the thing that stops everything for us. Would a letter of apology be enough? What does it entail and who is it addressed to? Is this something I should write too or is simply acknowledging it enough as it was my husband technically but I will obviously do it and anything else. I would rather do far more than required than absent mindedly leaving something out. Apart from including acknowledgement on the actual form itself too and the letter is there anything else that needs to be addressed on this matter? 

If someone can help give their insight on this it will be greatly appreciated. I promise you I have read around lots- obsessively in fact as getting my husband back means everything to me, so I'm not being lazy and not looking for answers but I cannot seem to find anything relating to the above. Sorry for the length aswell, summarising was never a strong point for me evidently.


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## 2farapart (Aug 18, 2011)

Hello and welcome to the forum!

Your husband's past refusal will mean his application as spouse will receive extra scrutiny. It would be a good idea that he sets out in writing the full details of what happened and why, and to express his remorse. He must leave nothing out, because UKBA will refuse his application swiftly if he's not seen to be honest about it. It sounds like he was being honest about his college attendance at the time and was simply refused entry rather than being physically deported because of false representation etc (which is a better position).

On the financial side of things, UKBA does seem to be being picky about Category A (it is early days since these new rules were introduced and we're only just receiving the first trickle of decisions being made under these new rules). From the little we've seen so far, it might be a risk to apply under Category A in your current situation because, not being salaried and without a contract stating specifically that you will indeed earn £18,600 or more each year (and with fluctuating monthly pay), there's no absolute guarantee on how UKBA will calculate your pay. As a result, you might be better off applying under the 12-month Category B which is a lot less ambiguous about what qualifies and how it's calculated (it is a much more simple 'did you earn £18,600 pa gross?' test). I realise that it means waiting a further 6 months, but I think it would be better to wait so that you have absolute proof that you did earn more than £18,600 rather than his risking another refusal which could end any chance of him joining you in the UK later.

When it comes to council-owned property, I don't really know all the facts about whether council tenancy allows for additional adults. Others here might know more than me on this so I'll leave this bit. However, if there is no problem with the council tenancy, then this will be satisfactory for the UKBA. It would be worthwhile arranging for a housing inspection report from the council which will declare the number of rooms (and occupants) the property will allow - this will prove to UKBA that there will be no overcrowding. It would also aid your chances by explaining in a letter that this is intended as a temporary arrangement only until your husband can join you in the UK and you can both look for your own property together. That is quite a usual position for couples to be in, and perfectly acceptable.

I'm sorry that I can't give any actual assurances on how UKBA will handle your husband's past refusal. That's very difficult for us to do because UKBA will make their decision based on all the evidence they have before them, and that's why it's most important that your husband is totally honest (so they can check his statement with their records).


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## safina12 (Dec 3, 2012)

Hi 2farapart, thankyou so much for your response and insight. 

I agree on the being completely honest in the application respect and my husband was planning on writing a letter of apology and being honest in our application from the very beginning. Would this be addressed to the UKBA I assume?

On the finance aspect I would like to gather opinion on something. I googled around and found the 'Appropriate salary and allowances' section on the UKBA website for tier 2 general. Now I know this category is totally different and method of deducing independent of the spouse visa category but it states that the standard requirement is £20,000 annual salary. Now underneath it mentions workers who get paid hourly can be included, the method of working out would be based on the salary total of up to 48hrs but no more. So as I work 66hrs only 48 would be counted. If this then meets the £20,000 category then salary is met through equivalent computed salary. Now I think it is fair to assume this could also be the same method of working for spouse financial requirements, would you agree? 

It just seems too finicky to not only set the £18,600 salary requirement then to unfairly dismiss employees on 0 hour contracts or those on similar to mine (which is almost like agency work I guess) altogether from appplying under cat A, whilst overtime etc would still be counted for someone who even had a contract for 5hrs say + overtime would be perfectly acceptable. I don't even think the salary of £18,600 between two people is that unjustified but on one person alone it's a different matter yet if a spouse is in the country and allowed to work there is an advantage. Anyway I digress there. But I only came across the hourly pay page earlier and it seems perfectly reasonable to assume it would be acceptable to assume the same method will be used under Cat A and would like other people's opinion.

As for housing I will be on the case for a housing report in Jan and my Dad told me no housing benefits are being received. I'll be honest, I have no idea how benefits work so will just assume this is better as there is no risk of public funds being needed at all. 

Thankyou again for your kind help.


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## Joppa (Sep 7, 2009)

safina12 said:


> Hi 2farapart, thankyou so much for your response and insight.
> 
> I agree on the being completely honest in the application respect and my husband was planning on writing a letter of apology and being honest in our application from the very beginning. Would this be addressed to the UKBA I assume?
> 
> ...


We just don't know how hourly pay is computed towards meeting the financial requirement. Rules for PBS have nothing to do with family migration route so they are irrelevant. We need official clarification.



> As for housing I will be on the case for a housing report in Jan and my Dad told me no housing benefits are being received. I'll be honest, I have no idea how benefits work so will just assume this is better as there is no risk of public funds being needed at all.


Whether housing benefit is paid or not is irrelevant. The only two criteria are if you are allowed to occupy the property, and overcrowding.


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## 2farapart (Aug 18, 2011)

The replies we make here are based on our own and other people's experiences, and that's the problem we have right now: the finance rules are still very new and as such, very few applicants have been processed as yet. The few that HAVE been processed are reporting just how strictly the rules are being applied, with no flexibility whatsoever. To date, we haven't seen anyone paid hourly post their experiences, so we have no definitive examples to refer to.

As a result, when it comes to a situation such as yours (where there is one refusal already) we have to be absolutely dead certain you'll meet the requirement if we suggest using it. Unfortunately, we can't be that certain because we have no idea how UKBA will calculate hourly pay, given their statement that they will use your pay 'based on its lowest point'. We don't know what that point is. The guidance doesn't state, monthly, weekly or daily - just 'at its lowest point'. That could place you in danger if, for example, they choose to calculate your pay based on what you received each _day_ rather than each month, and if there happens to be one day in the 6-month period where you worked fewer hours (even if you worked double the next day and the day after), UKBA will still use that lowest figure and will possibly fail your husband's application.

So the truthful answer is that we don't actually know what UKBA will do, but we certainly don't want to say "sure - go for Category A" if there is a risk of another refusal. It's something we have to be really careful about, and that's why, until we know for sure how Category A is calculated with hourly pay, we recommend the much safer Category B because that is calculated in one way only - and will be easier to determine whether you qualify or not.


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## 2farapart (Aug 18, 2011)

A bit of an update on hourly rates...

I've just seen the results of another applicant's visa based on hourly pay - see thread: (http://www.expatforum.com/expats/br...ts-every-single-advise-counts.html#post979548). It appears that UKBA wants to calculate what the 'equivalent' figure actually is _per year_, and to do this, they also need (in a contract of employer's letter) your minimum contracted hours per week (ie not what you might actually work, but what you are obliged to work under contract). They will then use this figure with your hourly rate to calculate your annual equivalent that will be assessed to see if it will continue to meet the minimu £18,600 through the visa period.

This still doesn't answer whether Category A can be used (I still lean towards Category B because it is the safer bet), but ensure you have a formal document that clearly states your minimum or contracted hours per week.


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## mark_T (Nov 28, 2012)

I'll make small point about the council housing. 
Having spoken to a lawyer about my own case (wife's been refused entry), he says the council housing does not come under receiving benefits. Benefits only applies when a person is given emergency housing if they were homeless. 

I will also say tho, that you will need a letter from the landlord clearly stating the following :
- That there is enough room in the house for him to live there 
- that they have no issues for him (his name) to stay at the property 

This is what I'm doing now


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## safina12 (Dec 3, 2012)

Thankyou for your replies. I will be getting a letter stating no objectiom to move in my husband and an inspection letter for overcrowding. I do have floor plans of the house from when we moved in clearly showing room sizes and have record from council of voting list also which shows number of people. 

With regards to hourly pay i have since also read that hourly pay is included under the term salaried employment. My only issue is the contracted hours as mines a zero hour contract. I will as long as my current client is with us be doing 66hours as these are my shifts but not guaranteed as client could fall ill or be hospitalised etc. My employer could confirm and with my payslip i receive a separate paper showing my breakdown of hours on a week by week basis. If my client was to no longer need help id be immediately put elsewhere but dont think my employer can guarantee which i worry about. Does this mean my hourly pay is multiplied by 0? It just doesnt hold logic. I earn over £2000 every 4 weekly pay period and will have for 6 months in 3 months so surely this fulfils the £1550/ month earnings that are required? Its just very frustrating having worked so hard to get where I am only to find out my contract type is now holding me back so despite everything i still have to wait to appy under category B. Even if the lowest payslip of the set is used its unlimely to be less than 2000 so I just guess it's frustrating the lack of information given by the UKBA even to clarify their own rules.

Finally a bit separate but me and my local MP has said he'll also write a letter of support and check through our application. Is this likely to help in any way? We were going to ask him if we heard the worst but hes offered his support so Im thinking it cant hurt right. Like everyone here I just want this nightmare over so I can start living my life so I'm trying to do whatever I can. I know things are not in our favour with my husbands past entry refusal and this contract malarky so I need to give it everything.


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## safina12 (Dec 3, 2012)

Hi just wanted to bump to see if any new information has come about zero hour contracts? My final cut off for last payslip (number7)is in 9ish weeks so getting there at last. We can wait just another 4week period and all staying the same I will meet the 18600 earnt the following month in May so might just wait. Just it doesn't make a difference to proving I can continue earning at same level as it would be the same for cat A or B that I'm on a 0 hour contract thats why I just want to apply sooner as it really makes little difference. I have received 4 payslips over £2000 and the cut off for pay next month has passed so I will receive same next month. I would apply with 6 payslips at end of March but its 2 days short of 6 calendar months hence waiting an extra 4 weeks anyway. 

I think what it boils down to apart from whether a 0 hour contract will influence the application is that with variable pay, as long as I'm earning at least £1550 every month is that ok for Cat A? My contract does state the lowest weekly pay will be £420+ forr any given client. I'm a permanent employee and pretty much every company in the care industry offers 0 hour contracts so there's no way around this detail that's giving me so much grief when I think I otherwise clearly meet the financial requirement.


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## 2farapart (Aug 18, 2011)

We have another applicant with the same concerns about a zero-hours contract and we still don't know how UKBA handles these situations.

However, you have a huge advantage in that your contract DOES state a minimum level of pay per week. To meet Category A, you would need to meet £358 per week or greater. Your minimum contractual pay of £420 per week minimum is plenty more than that. If you have continually earnt at least this amount, you should be okay under Category A. As well as the mention of your pay in your contract, it would be helpful if your employer's letter could additionally confirm this fact.


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## safina12 (Dec 3, 2012)

2farapart thankyou so much for your response! What do you think you would do in the situation? Apply under cat A or B? I will most def make sure my manager states each of the points clearly in the letter which is required by the UKBA. I will also be sure to ask her to mention pay rate inc hourly and min. weekly rates. I'm pretty much guaranteed at least 55hrs a week too so will see if my manager willbe happy to cover this too. I'm getting more and more nervous as the time to apply approaches, I thought I'd be happier at least knowing it'll finally be over soon!


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## 2farapart (Aug 18, 2011)

Although you should meet A and your contract now mentions a higher minimum pay per week (that is MOST useful), do you have solid evidence that you earnt at least £18,600 across a full 12 months? If so, I suggest using B instead because it proves_ beyond doubt _that you absolutely did earn £18,600 (ie it doesn't depend on calculations by UKBA). If you don't have 12 months, Category A should be fine too, but B offers a bit more certainty.

We're not UKBA experts so we really can never know how UKBA will look at each specific application (it's why we can rarely say "that will be successful") to applicants. Several applicants have been denied entry in the past and have since been successful in obtaining a family-route visa at a later date. Your husband needs to be honest (and regretful) about the circumstances leading to his being denied entry (he needs to write it in a letter he can attach to his postal application), and then it's just a matter of ensuring that you meet every piece of documentary evidence that you can between you.

Good luck!


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