# Spouse visa finance category B



## Ohimso (Feb 4, 2013)

Sorry if this question was asked previously. I'm on tier 4 student visa right now. And my partner is british. His basic salary is £17850 per year. but he does overtime and that brings his total annual income (12month) to £19000. His overtime hours is not stated on his employment contract. And the overtime doesn't not incur every month. So some months of his salary is only £1487. So I can't apply the spouse visa under cats gory A.

However requirement Category B, I read some forum, people saying that category requires that the salary over the past 12 months equal or excess £18600 and you need to show the ability to maintain the same level of salary (£18600) next 12 months. 

Here is the problem.my partner will have over £18600 salary for the past 12 months. But his basic salary is only £17850. And his overtime is not on the contract. How can we demonstrate our ability to earn £18600 next year. I personally read the category B, but it doesn't really state that we need to show the ability of earning £18600 next year. Thank you very much guys.


----------



## 2farapart (Aug 18, 2011)

Overtime doesn't need to be contractual, so past earnings should be fine. Perhaps his employer would be willing to state that overtime is often available? If so, that should help satisfy UKBA that he'll continue to earn the required amount.


----------



## Ohimso (Feb 4, 2013)

2farapart said:


> Overtime doesn't need to be contractual, so past earnings should be fine. Perhaps his employer would be willing to state that overtime is often available? If so, that should help satisfy UKBA that he'll continue to earn the required amount.


Thank you very much for your reply. My partner works in hospitality industry, it is pretty hard to predict the overtime hours. I do not think the employer would write a letter to support that.


----------



## 2farapart (Aug 18, 2011)

It just occurred to me: you are on a student visa - that means your employment will also count towards the requirement if you are also earning and are permitted to work.


----------



## Ohimso (Feb 4, 2013)

2farapart said:


> It just occurred to me: you are on a student visa - that means your employment will also count towards the requirement if you are also earning and are permitted to work.


I just started a part time job 2 weeks ago. I earn about £150 a month.
Do I have to wait for six months to apply the visa? Or my additional salary can be added to my partner's salary to show that we will be able to have over £1550 combination salary, and apply visa now?


----------



## 2farapart (Aug 18, 2011)

Ohimso said:


> I just started a part time job 2 weeks ago. I earn about £150 a month.
> Do I have to wait for six months to apply the visa? Or my additional salary can be added to my partner's salary to show that we will be able to have over £1550 combination salary, and apply visa now?


There is a grey area surronding Category A: the form is designed only to allow ONE job under Category A, so the purpose of the category appears to be for one employer only. However, we know of one applicant who was successful under Category A with more than one job used as part of the evidence. What we DON'T know is whether the hub processing that application made a mistake or not, so we tend to suggest anyone using more than one job to meet the requirement uses Category B instead (safer until we know of more people who've tried this approach).

There is no minimum amount of time you need to work in your job. In order to meet Categpry B, there needs to be 12 months of payslips and bank statements proving that £18,600 was received (before tax). This means that, even if you have only been working two months - if the payslips of both you and your partner exceed £18,600 in the 12 months leading up to the date you intend applying, then you can apply.


----------



## Hello_Christine (Feb 4, 2013)

So, 2farapart, would this be the same case as myself and my fiance?? I started the other thread about usign my employment and my fiances together in CAT B. If he stays at his current job could we still apply, going on the info from the previous 12 months? Or no because my visa is now expired and I cannot work in the uk yet??


----------



## 2farapart (Aug 18, 2011)

Hello_Christine said:


> So, 2farapart, would this be the same case as myself and my fiance?? I started the other thread about usign my employment and my fiances together in CAT B. If he stays at his current job could we still apply, going on the info from the previous 12 months? Or no because my visa is now expired and I cannot work in the uk yet??


If you worked whilst in the UK, then yes, your income could count too towards the past-earnings requirement. However, you still have the problem of proving current and future earnings, which will depend largely on how your partner's freelance work is to be categorised, and whether UKBA can be convinced that there will be an ongoing requirement for him to continue earning this in the future.

A potentially easier scenario, though less desireable, would be if he was willing to take on an additional small job just to cover the remaining £800 per year that he's missing. Or do you have a generous amount of savings held between you? For an £800 shortage on his salary, you would need to possess and keep £18,000 in an instant-access bank account for a minimum 6 months. You could then apply under the combined categories of A (6 months pay based on his basic pay) plus D (savings).


----------



## Hello_Christine (Feb 4, 2013)

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*


----------



## 2farapart (Aug 18, 2011)

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.


----------



## Ohimso (Feb 4, 2013)

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.


Hey farapart. Thank you so much for taking time answering our questions. I'm just really grateful. Hope u have a nice week!


----------



## Ohimso (Feb 4, 2013)

2farapart said:


> There is a grey area surronding Category A: the form is designed only to allow ONE job under Category A, so the purpose of the category appears to be for one employer only. However, we know of one applicant who was successful under Category A with more than one job used as part of the evidence. What we DON'T know is whether the hub processing that application made a mistake or not, so we tend to suggest anyone using more than one job to meet the requirement uses Category B instead (safer until we know of more people who've tried this approach).
> 
> There is no minimum amount of time you need to work in your job. In order to meet Categpry B, there needs to be 12 months of payslips and bank statements proving that £18,600 was received (before tax). This means that, even if you have only been working two months - if the payslips of both you and your partner exceed £18,600 in the 12 months leading up to the date you intend applying, then you can apply.


Hey Farapart. Thank you for the advice. I know it has been a while since the my last post. 
I have some more questions about the spouse visa category B requirements.

Let me explain my situation again. I am on Tier 4 visa, and have bee working part time in a office for 2 month now, getting paid about £300 per month. My partner (British citizen) has a annual salary of £17850 ,but his overtime pay gives him more than £18600 in the past 12 month. because his pay is variable every month , so we are applying under category B.

To show we meet the requirement of salary £18600 at the date of application (My partner alone does not meet the requirement because on his contract the annual salary is £17850),Can I still use my job as an addition to meet the shortfall(Its a few month since your reply, so I am not sure if the rule has changed)? and does it matter that I have only been on the job for 2 month?

I called the UKBA helpline, but the people I spoke to did not know much about it. 

Thank you!


----------



## Joppa (Sep 7, 2009)

Your income shouldn't be needed, if your sponsor has made more than £18,600 with overtime. Despite what his contract says, all that matters under Cat B is he has made the required amount through employment. In his letter of employment, it should be clearly stated he is entitled to overtime. 
If you want to use your income as well, your length of employment doesn't matter. But you still need similar documentary evidence like contract and employment letter.


----------



## Ohimso (Feb 4, 2013)

Joppa said:


> Your income shouldn't be needed, if your sponsor has made more than £18,600 with overtime. Despite what his contract says, all that matters under Cat B is he has made the required amount through employment. In his letter of employment, it should be clearly stated he is entitled to overtime.
> If you want to use your income as well, your length of employment doesn't matter. But you still need similar documentary evidence like contract and employment letter.


I can not express how grateful I am now. I had been so stressed because of this. This made my day! Thank you so much for the prompt reply!


----------



## Ohimso (Feb 4, 2013)

2farapart said:


> It just occurred to me: you are on a student visa - that means your employment will also count towards the requirement if you are also earning and are permitted to work.


hey farapart. I just got my spouse visa today at PEO Liverpool. Thank you very much for the advice. Very very grateful. Hope you have a great week ahead!


----------



## Ohimso (Feb 4, 2013)

Joppa said:


> Your income shouldn't be needed, if your sponsor has made more than £18,600 with overtime. Despite what his contract says, all that matters under Cat B is he has made the required amount through employment. In his letter of employment, it should be clearly stated he is entitled to overtime.
> If you want to use your income as well, your length of employment doesn't matter. But you still need similar documentary evidence like contract and employment letter.


hey Joppa. Thank you for your advice. I got my spouse visa from liverpool PEO today. dont think i would be able to get the visa without the help from this website and especially you and Farapart. Thank you again. hope more people can get help through this website! have a great week!


----------

