# Less than 6 months with current employer. Category B



## viri (Apr 27, 2013)

Hello,

I hope someone can help me with a few questions i have regarding my situation:

Mu husband (UK citizen) is about to leave his current job and going to another job. He has been working with his employer since the end of Nov 2012 to current on 19,000 GBP (first 3 months) and then 20,000 to current, he is a contracting employer (6 months at the end of May).

The new job he will start is a permanent role which goes on 23,000 gross.
The break between jobs will be zero.

He plans to start working at this new job immediately (beginning of June) and if the new employer agrees, he will take his first paid holiday in July for 3 weeks to come to visit me.

So, the job will start in June and we plan to apply for the spouse visa in November, by then it will be 5 months of employment with the new employer.

We read that we are able to apply under Category B with LESS than 6 moth of employment as long as WE ACCUMULATE the yearly minimum financial requirement of 18,600. How does this work? 

According to our calculations, my husband will have earned the amount of 19,190 GBP from Nov 2012 - Oct 2013 between the old and new job. I hope we are calculating it right.

My questions are:
1. Am I able to apply under category B as to my situation? (5 months with current employer and 6 months with the previous job). If so, can you please give me advice as to what category for sure i should be applying under?


2. If i cant apply, can you also please advice me about what i should do?

3. The break he plans to take is a paid one. Can that affect the visa application or payslips at all?


The info we referred to is located in Section 5.3 of this link: http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
PLEASE HELP ME UNDERSTAND IT, and let me know if we meet the requirements of that section/ cat B.

Please advice me if we can/should apply under category B. The link says if you apply with less than 6 months of employment, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement. Im very confused with part 5.3.7. of that link too.

If you have any questions or i didn't explain things clearly, please feel free to ask. I thank you in advance for taking your time to help me.


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## Leanna (Oct 22, 2012)

viri said:


> Hello,
> 
> I hope someone can help me with a few questions i have regarding my situation:
> 
> ...


Correct!

Category B is designed for people who, over the past 12 months, have earned at least £18,600 in either 1 job with varying income, or multiple jobs. 

It has to be met in two ways. First, is that over the past 12 months, the sponsor has earned £18,600. Second, that the sponsor is working AND earning an annual salary of £18,600 on the date of application.



> According to our calculations, my husband will have earned the amount of 19,190 GBP from Nov 2012 - Oct 2013 between the old and new job. I hope we are calculating it right..


The easiest way to add it up is to take each payslip from the period (obviously he hasn't got the payslips from now until November, but you know what his monthly wage will be), and add up the GROSS income. Make sure you don't overlap any weeks ie. If you use payslips dated up to November 1st 2013, ensure that the payslips from last year don't overlap and cover more than 12 months or 52 weeks.



> My questions are:
> 1. Am I able to apply under category B as to my situation? (5 months with current employer and 6 months with the previous job). If so, can you please give me advice as to what category for sure i should be applying under?


Yes, you will be using Category B. You will need job contracts from the old job and new job, as well as payslips from both. If the payslips are electronic or simple in their appearance, it is a good idea to get them signed & stamped or accompanied by a letter confirming their authenticity by someone in the company. 

P60s are also good to include, even if they don't show the whole picture ie. the P60 he will have gotten this spring may not be indicative of his annual salary.



> 2. If i cant apply, can you also please advice me about what i should do?
> 
> 3. The break he plans to take is a paid one. Can that affect the visa application or payslips at all?


It shouldn't. As long as his pay won't dip or fluctuate enough while he's on vacation so that he wouldn't meet the requirement, no, a vacation won't affect the application. 



> The info we referred to is located in Section 5.3 of this link: http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
> PLEASE HELP ME UNDERSTAND IT, and let me know if we meet the requirements of that section/ cat B.
> 
> Please advice me if we can/should apply under category B. The link says if you apply with less than 6 months of employment, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement. Im very confused with part 5.3.7. of that link too.


Basically what UKBA are saying is that if you haven't been with the same employer for at least 6 months, the sponsor must have, in the past 12 months leading up to the application, earned at least £18,600, which you have. So you can use Category B. 



> If you have any questions or i didn't explain things clearly, please feel free to ask. I thank you in advance for taking your time to help me.


Hope that helps a bit. I know the financial requirements section can be very complicated, but if you have more questions, just let us know.


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## viri (Apr 27, 2013)

Leanna said:


> Correct!
> 
> Category B is designed for people who, over the past 12 months, have earned at least £18,600 in either 1 job with varying income, or multiple jobs.
> 
> ...




Thank you for your reply Leanna!

The info you have provided is very helpful. Let me see if i understood it correctly


What i understood is that in part (2) of meeting the financial requirement Cat B it is said " the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement" and that means it doesnt necessarily have to be the complete 12 months of employment. Correct? it mainly means TO HAVE WORKED COMPLETELY OR SOME PART OF THE 12 MONTHS PRIOR TO THE APPLICATION as long as you are currently working in a job that pays 18600 yearly and that between the previous job and the current you have earned an amount equal or more than 18600. Right?
So, if my husband worked for 6 months and then 5 months with his current employer, at the date of the application he must prove that he earned/recieve 18600 or more between those 2 jobs (11 months).

In other words you dont have to have worked for 12 months straight over the last 12 months? For example. by November 1st my husband would have worked a total of 11 months (6 months in the previous job and 5 months in the new job) and that makes us meet the requirements for category B, because:

First (part 1): he is in employment for less than 6 months at the date of application making a gross annual of at least 18600.

Second (part 2): He worked for 6 months (only) which is considered to have worked over the last 12 months and he is also currently working making at least 18600. So including his previous and current job (6 and 5 months) he must have received/earned an amount of at least 18600 between the 2 jobs, no matter if it was only 11 months, as long as he received such salaries and combined are 18600 or more in the last 12 months.

It may sound a little too repetitive but i just wanted to be clear. My situation is very similar to one of the examples that appears in the immigration directorate instructions. This is the example:

5.3.9. Case studies

Category B: Less than 6 months with current employer or variable income
–person residing in the UK 

(a) The applicant‟s partner works in the UK. She started a new job 3 months prior to the date of application and her gross annual salary is £22,000. She meets part (1) of the calculation for Category B because she is in salaried employment at the date of application and her gross annual salary at the date of application meets the financial 
requirement. In addition, she must have received in the 12 months prior to the application the level of income required to meet part (2) of the calculation for Category B. Before starting her new job, she worked for another company for 7months during the last 12 months. Including her current and previous job, the total amount she has earned from employment in the last 12 months is £20,000. The financial requirement is met under Category B because the applicant‟s partner is currently in a job paying at least £18,600a year and has earned more than £18,600 
from employment in the last 12 months


The previous example can be found in this link, section 5.3.9

http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Thank you. Please let me know if i understood what the LAST 12 MONTHS MEAN (In addition, she must have received in the 12 months prior to the application the level of income required to meet part (2). Does it have to be 12 moths or it can be less than 12 months between the 2 jobs, as long as the sponsor received 18,600 or more during those 2 job periods in the year?

Thank you a lot! i would really appreciate your help.


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## Leanna (Oct 22, 2012)

You seem to understand it correctly. With Category B, the sponsor does not have to have worked every month in the past 12, as long as they have earned the minimum financial requirement over the past 12 months AND are continuing to earn at least the minimum. 

So, for example, if a sponsor had a spectacular job that pays £9,500 GROSS per month, they could apply using Category B after only two months because they would have met the financial requirement AND still be earning at least the minimum. The other theoretical 10 months aee irrelevant. 

That's an exaggeration but you get the point. It doesn't matter how many jobs or how many months in total someone has worked as long as over the past 12 months they have earned at least £18,600 AND are continuing to earn it. 

Does that make more sense?


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## Joppa (Sep 7, 2009)

Yes, I basically agree with above. So someone with very high income can sponsor an applicant under Category B after only a minimum of earning history, provided their current job(s) pay the minimum required. Needless to say, the actual evidence must be complete and authentic, as UKBA is bound to scrutinise those with a minimum history of employment with extremely high salary, and one can see them checking directly with their employers for verification, and using other trade and credit-rating sources.


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## viri (Apr 27, 2013)

Thank you Leanna and Joppa!

That is awesome news for us, i really appreciate it!

Ok, i did my calculations, and please tell me if i am right or worng:

My husbands started working with a19,000 GBP gross salary= 4,749.99 (for 3 months) then he got a salary increase to 20,000, so the following 3 months made 5,000.
In at the end of the six months he made:
4,749.99 + 5,000 = 9,749.99 (6 months)

In his New Job he is going to make 23,000 (1,916.66 GBP monthly)
We will apply after 5 months of work with his new employer, so
1,916.66 X 5 months = 9,583.30

And adding up the 2 amounts from the 2 jobs: 9,749.99 + 9,583.30 = 19,333.29 That means we meet the requirement as he earned equal or more than 18,600 in the last 12 months (the new job counts towards meeting the minimum required). Correct?

Thank you so much guys for the help. I bet this will not only help me, but it will give hope to other people too!

Good night!


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## Joppa (Sep 7, 2009)

Yep, seems ok.


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## viri (Apr 27, 2013)

Thanks Joppa.
I greatly appreciate your help. I admire your knowledge and your willingness to help people.

Good night.


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## viri (Apr 27, 2013)

Hello Guys,

Just 1 more questions:

Leanna said:
Yes, you will be using Category B. You will need job contracts from the old job and new job, as well as payslips from both. 
My question is:
--- besides the payslips + p60, Does my husband need to get a letter from the old job stating that he worked from them for certain period? if so when does he have to get it, before leaving the old job or get it from them near the application date?

Please advice, thanks a lot. have a nice day.


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