ashjay

hi all,

First of all i need to say that i was following this board for past few months and really got so much helpful information which helped me a lot & this is the first time i m asking some valuable help from u.

my spouse is a British citizen. she is a salaried plus commissioned based employee. she is earning £18000 basic annual salary. she is a permanent employee. Also she is earning the commission of £1200 in last 6 months prior to application. i.e. from mar2014 to aug2014.

i just wanted to know few things:

1) in which categiory we are falling.??

2) as her pay is variable in that case how ECO will calculate my sponsor gross annual income. means he will add last 6 months payslip gross amount (which is more than £9600 from mar to Aug 2014) or he add all received commission in last 6 month divided by 6 and multiply by 12 and adding to basic annual salary £18000.


please help as m looking forward to apply visa in sep 1st week. also if someone has the same case in past then please guide me.


thanks a lot in advance.
aj

ashjay

Dear all,


Can you please help me on this issue

Please tell me how ECO will calculate income for salaried plus commissioned based payee employee. Based on past experience.


Thanks in advance

Aj

zuluswede

From the details I would say your spouse is in "salaried" employment (likely paid monthly) and would be subject to category "A" of the financial requirements.

Section 5.1.4 of the Annex FM 1.7: financial requirement says,

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 6 month period.

The "gross income" would be salary+commission for each of the 6 months prior to the application. I've not found any clear interpretation of the calculation but I think from what is given above, you have to assume they will take the lowest monthly pay during the 6 month period multiply that by 12 to get the gross annual salary relied upon.

ashjay

dear zuluswede..

i think nowadays they are not considering lowest pay. also in the same PDF of financial annex 1.7. page 28 section 5.5.6. also please see car salesman example which they have shown in same pdf .(see section 5.5.8). that car-salesman is having 15000k annually but with the earned commission in last 6 months . he is meeting the criterion.

so my query is that is there any person who applies as a commissioned based payee and met the financial requirement w/o problem.

thanks in advance.

aj

zuluswede

Yes, you're right, that example does clarify the "gross income" calculation when using salaried+commision based pay for category "A".

ashjay

hi all,

please help me in accommodation issues.

what exactly the documents i must provide to meet accommodation requirement.

just for info: my sponsor is a single tenant in studio flat.

thanks.. ur reply / guidance will really be appreciated.

mikelincs

She isn't really your sponsor, she is your spouse. Surely she would be best placed to sort out accommodation as she already lives in the UK, and knows what is best in the area you will be moving to, I'm assuming you will be living with her..

ashjay

yes sir... u r right.. she is my spouse but sponsoring me to come to uk.. i am in india now.

so i wanted to know what are documents we need to provide for entry clearance. eg, rental contract, council tax etc.


also as my spouse cum sponsor is a single tenant do we need to submit public inspection report with application.

thanks

mikelincs

Is it a rented property?. does the rental contract allow for two people to live there? will the landlords allow you to move in there? those are things you need to address first.

ashjay

yes sir its a rented studio flat. rent contract is on my spouse name. we are in process to take a "permission letter" from landlord having no objection if i stay with my spouse there...

sir.. do we need to give any thing else...??

ashjay

Greets to all...

just a quick question.. today my sponsor in UK asked for the letter from of "permission to stay" with my sponsor in that accommodation. but he (landlord) is not interested in that and said that as he is about to sell the studio flat and he don't want to loose that sell. hence if he give that permission there might be the chances that the new landlord don't agree to that and refuse the sale.

so, i am interested to know whether that "permission to stay" is really required or not.?????

thanks & kind regards,

ashjay

Greets to all...

First of all thanks a lot for helping me out.. As i am very close to apply my fresh application.. i just need to list out the documents which i am going to submit with my application.

Financial requirement:
1)last 6 months payslips. (mar2014 to aug2014) - original
2) letter from employer contains all required information - original
3) my sponsor's employer contract - original
4) bank statement of last 6 months - original

Relationship requirement:
1) our last 2 years Skype/ gmail conversation.
2) marriage certificate - original
3) marriage photographs.
4) our pictures before marriage to show that we met in person before marriage.
5) our wedding card.
6) my sponsor visited me last year so i am providing her air tickets.

Accommodation requirement:
1) my sponsor's rental agreement old & new both.(its a studio flat with 1 bedroom, kitchen & single occupancy)- - original
2) no objection letter from landlord for my stay in the property. - original
3) council tax - original
4) photograph of accommodation.

Moreover i am also submitting SU07/12(undertaking form).

please, let me know if i am missing out anything...

once again thanking you for helping me.

best regards,
ashjay

Missblissbear

You say that they are nowadays not considering lowest pay? Can someone clarify? My husband (sponser) salaried... Gets a pay rise every year on the same date because as a apprentice it increases the annual day he first started.... If I add total income, including his holiday pay which is a part of his annual income we reach over the magic figure that would achieve £18600. But if I take the lowest pay from 26 weeks ago only we fall below, because the first few pays were at the lower figure...if I can only calculate the whole 26 weeks without holiday income, and the pay increase. Hope someone can clarify.

ashjay

hi, i dont know whether they will consider holiday pay. because in financial annex they have mentioned that they will consider commission & OT. also they will consider ur current salary not the starting salary wen he joined the job.

Missblissbear

Not really worried about holiday pay...it bumps it up but it isn't a decider. The problem is if I go back 26 weeks from today he was only earning $646 Aussie a week....then on the 4th July it bumped up to $684 a week as that was when he changed to 4th year apprentice.... So because they say they will take the lowest pay in the documents I have read not the "payrise".... Does that mean they will just x $646 twenty six times to get the six months income.... Or will they factor in the extra $$ from when his pay increased. Seems no one is able to help or had any experience with similar :-( ...and the BHC won't comment by email....and I can't ring them because I work every day in the hours they are open. It's frustrating!