Payslip query for UK settlement.

[BIGJIMMY]

Hi, we'll be applying for a UK settlement visa shortly, my query is regarding pay slips, I read somewhere that they will look at the last 6 months worth and multiply the lowest by 12 to get a figure, will this only happen if your earnings to date don't total the required amount, I have so far earnt more than the figure required (wife and son) by UKBA to meet the financial requirements for this year but my last pay slip was pretty low but on that pay slip tthe total to date for the year is on there - will that be sufficient??

Thanks in advance

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[7by7]

I admit to not being totally au fait with these requirements, but I fear that they will take your lowest monthly income during the 6 months prior to the application and multiply it by 12.

I base this on para 5.1.4 of Annex FM Section FM 1.7 Financial Requirement

Where the person is in salaried employment – they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application. Therefore the figure used towards the requirement will be the lowest level of annual salary received during the six month period.

(My emphasis)

Hopefully someone more knowledgeable than I in this area will be along soon to comment.

[hotwinter]

it looks like they have changed the requirements since i last looked.

it now says, they take the gross income from 6 months divide that by 6 and times it by 12

(Total gross income from employment held throughout the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.

[Tony M]

it looks like they have changed the requirements since i last looked.

it now says, they take the gross income from 6 months divide that by 6 and times it by 12

(Total gross income from employment held throughout the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.

Correct. It is the monthly average of the previous 6 months, multiplied by 12.

Edited October 31, 2013 by Tony M

[BIGJIMMY]

Thanks, thats not a problem then.

[7by7]

My apologies; I was looking at the requirements for salaried employment, not non salaried.

[Tony M]

My apologies; I was looking at the requirements for salaried employment, not non salaried.

Actually, it is not clear if the OP is in salaried or non-salaried employment. He does receive payslips, so he may well be salaried. The difference between the two requirements is very unclear, and we have established that if he is in non-salaried employment then it will be the average monthly salary x 12.

If he is in salaried employment, then the requirement is that the lowest annual salary during the previous 6 months is what the ECO will consider to be the annual wage, even if the sponsor has had a wage rise during those 6 months. If the sponsor has earned more than 18,600 for the whole of the 6 month period, he will be okay. Here is the example given in the guidance :

Example (a).

In an application for entry clearance the applicant‟s partner is in salaried employment at the date of application and has been working for the same employer for 7 months prior to the date of application. For the first three months of the 6 months prior to the date of application his gross annual salary was £15,500. Then he was promoted by his employer so that for the next three months (those being the three months immediately prior to the date of application) his gross annual salary was £18,700. The applicant‟s partner is relying on Category A and so must have earned a level of gross annual salary which equals or exceeds the level relied upon in the 6 months prior to the date of application. Therefore the figure that can be used towards the requirement will be the lowest level of annual salary received during this 6 month period prior to the date of application which is £15,500. The couple have no other source of income or savings and so the financial requirement is not met.

Edited October 31, 2013 by Tony M

[Kevin1908]

My apologies; I was looking at the requirements for salaried employment, not non salaried.

Actually, it is not clear if the OP is in salaried or non-salaried employment. He does receive payslips, so he may well be salaried. The difference between the two requirements is very unclear, and we have established that if he is in non-salaried employment then it will be the average monthly salary x 12.

If he is in salaried employment, then the requirement is that the lowest annual salary during the previous 6 months is what the ECO will consider to be the annual wage, even if the sponsor has had a wage rise during those 6 months. If the sponsor has earned more than 18,600 for the whole of the 6 month period, he will be okay. Here is the example given in the guidance :

Example (a).

In an application for entry clearance the applicant‟s partner is in salaried employment at the date of application and has been working for the same employer for 7 months prior to the date of application. For the first three months of the 6 months prior to the date of application his gross annual salary was £15,500. Then he was promoted by his employer so that for the next three months (those being the three months immediately prior to the date of application) his gross annual salary was £18,700. The applicant‟s partner is relying on Category A and so must have earned a level of gross annual salary which equals or exceeds the level relied upon in the 6 months prior to the date of application. Therefore the figure that can be used towards the requirement will be the lowest level of annual salary received during this 6 month period prior to the date of application which is £15,500. The couple have no other source of income or savings and so the financial requirement is not met.

Wouldn't simply looking at the P60 or the Contract of Employment give the same answer. Assuming that theyare not using overtime to boost the salary figure.

I assume that the only reason that they want to see pay slips is to see that you are still receiving wages since the last P60.

[BIGJIMMY]

I've been with this company since last October and this tax year I've earnt more than I need for the requirements, this is of course shown on my payslips, because I work 28 days on/off my monthly pay varies so the lowest in the last 6 months x 12 might not meet the amount but the overall for the year does and then the next month x 12 will be more than enough again!!

I've mailed UKBA so I'll see what they say, I'm sure it's fine.

Thanks

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[7by7]

From Annex FM

5.1.3 Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary) or paid an amount which varies according to the work undertaken. Salaried employment includes that paid at a minimum fixed rate (usually annual) which is usually subject to a contractual minimum number of hours to be worked.

So which applies to you?

From what you have said, you are paid each month for the hours you actually worked that month, not a fixed annual amount divided by 12. So it sounds like non-salaried.

In which case, as hotwinter and TonyM said earlier, they will take your average monthly income over the last 6 months and multiply it by 12. If this is over the required amount, you meet the requirement.

[BIGJIMMY]

Thanks, so the average for the last 6 months x 12. No dramas.

Thanks chaps.

Big Jimmy

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[BIGJIMMY]

Thanks, so the average for the last 6 months x 12. No dramas.

Thanks chaps.

Big Jimmy

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[Crossy]

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