jagger2018

Hi,

I wonder if someone could help me with a couple of questions regarding the Spouse visa.

I am a British national living in Vietnam with my partner and child( child has a British passport).

I have been in my current job for just over 3 years and haven't meet the £18,600 in any of the previous tax years ( Vietnam tax years run from Jan-Dec). This wasnt a particular problem because I was planning on staying in Vietnam. However, I have decided that I want to relocate back to the UK and have been offered a job in the UK.

I am currently paid a fixed salary and then any additional hours I work I receive an overtime rate. My payslip shows the fixed amount and the overtime rate.After reading through the guide and rules I believe I calculate my annual fixed salary on my lowest payslip in the last 6 months. My lowest fixed monthly salary is £1261 ( converted on Oanda) so £1261 x 12 =15132. My additional hours/overtime ( these change and are not fixed ) are then calculated on the average of the last 6 months so if I receive £3600 in the 6 month period then £ 3600/6 x12 =£ 7200. This will give me an annual fiqure of £22,432. Is this correct?

My other concern is I didnt do any additional hours and took some unpaid leave in the first 6 months of the year because I was spending time with my new born baby so over the 12 months I havent meet the £18,600. I note you have to have a letter signed by the employer stating how long you have worked there and salary. What should my employer say in relation to my fixed salary and overtime?

Obviously my 12 month earnings will be less than the £18,600 but the 6 month previous to the application they will be above the £18,600( based on my calculation) Can I still apply for the spouse visa?

Sorry for all the questions

SanDiegogirl

Presuming you are applying under Cat A 5.2. Category A: With current employer for 6 months or more – overseas sponsor returning to the UK. then your above calculations are correct. You can apply with these figures.

Your job in the UK must also be earning over 18,600 GBP and starting within 3 months of your return.
Your employer's letter must state your base salary and any overtime rates you are eligible for.

jagger2018

Thanks for the prompt reply.

Yes, its under Cat A 5.2 and the job offer is over £18,600.

Can I just clarify one point, if my base pay and overtime in one of the six months prior to the application is below the 1550 would the visa be rejected? I have read several times that this is the case but obviously my income includes both salaried and non salaried income so I'm not sure. The case study in the guide at 5.5.9 seems to suggest that one month can go below the 1550 ie base salary of £15,000 but in one month only £200 commission so only £1450. The case study involves commission but I assume the same applies to overtime.

Any help is most appreciated.

SanDiegogirl

If you want to work out the average monthly income over the 6 month period in this example, you take the monthly income 1,250 (15,000/12) and add the AVERAGE monthly overtime (3,150/6 = 525 GBP). So the Applicant over the 6 month period has earned an average of 1,775 GBP per month.

jagger2018

Thanks, yes, I can see how that works in that example now and in my case the average of my overtime should mean each month over £1550.

Assume its best to attached a calculation showing how I arrived at the figures?

SanDiegogirl

Yes..... although each of your payslips must show your base income plus overtime for each month.

Your average monthly income MUST show an average of 1,550 per month, not should.