Clarification on Income requirements for spouse visa?
#1
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Joined: Mar 2014
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Clarification on Income requirements for spouse visa?
Hi, I wanted clarification on the income requirements so I can sponsor my wife (American Citizen). We have been married for 6 years living in the US. We moved to the UK in Sept 2013. She was here on a visitor visa and has now gone back to the US.
I am a British Citizen, and am trying to figure out when is the earliest we can apply for her spouse visa. I have been working from 2nd Jan 2014 and my annual income exceeds the income requirements. I was contracting from 2nd Jan -14th Feb and then taken on permanently with the company on 17th Feb.
I can provide a letter from the company confirming I started on the 2nd Jan but was contracting until they gave me a permanent contract.
Could I apply at the end of June as I would have been working at the company 6 months although 6 weeks of that was on a contract? Or should I wait until I have 6 months with the company as a permanent employee?
Also do I have to provide evidence that I have made 18,600 in the past year and can this be part contract and part permanent employment?
Thanks for your time.
I am a British Citizen, and am trying to figure out when is the earliest we can apply for her spouse visa. I have been working from 2nd Jan 2014 and my annual income exceeds the income requirements. I was contracting from 2nd Jan -14th Feb and then taken on permanently with the company on 17th Feb.
I can provide a letter from the company confirming I started on the 2nd Jan but was contracting until they gave me a permanent contract.
Could I apply at the end of June as I would have been working at the company 6 months although 6 weeks of that was on a contract? Or should I wait until I have 6 months with the company as a permanent employee?
Also do I have to provide evidence that I have made 18,600 in the past year and can this be part contract and part permanent employment?
Thanks for your time.
#2
Re: Clarification on Income requirements for spouse visa?
Providing you were earning over the threshold before you were made permanent then it shouldn't matter whether you were on a permanent or temporary contract. Just provide six months worth of payslips from the same employer showing that you have been earning over the threshold.
#3
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Re: Clarification on Income requirements for spouse visa?
Hi BritInParis thanks for your reply. There is one question I have. My payslips from the time I contracted are from an umbrella company and not the company I get paid directly from now. Would that make a difference? As I said the company I work for would verify I started there on the 2nd Jan but the way they paid me had to go through an umbrella company as I was hired by the day until I received the permanent contract on the 17th Feb. Thank you for your advice.
#4
Re: Clarification on Income requirements for spouse visa?
Hi BritInParis thanks for your reply. There is one question I have. My payslips from the time I contracted are from an umbrella company and not the company I get paid directly from now. Would that make a difference? As I said the company I work for would verify I started there on the 2nd Jan but the way they paid me had to go through an umbrella company as I was hired by the day until I received the permanent contract on the 17th Feb. Thank you for your advice.
This is the evidence required:
2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person is a director of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
(d) Where the person is a director of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.
https://www.gov.uk/government/upload...5/IDI6.doc.pdf
#5
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Joined: Mar 2014
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Re: Clarification on Income requirements for spouse visa?
Hi BritInParis, thanks for your advice and the pdf. I really appreciate your help.
#6
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Re: Clarification on Income requirements for spouse visa?
If you total up your GROSS (pre-tax) earnings for the past 12 months (from any employment), do they come to over 18600 [should be the case if you are/were on 75k annual / 350GBP daily or above]? If so you can apply to have your gross earnings calculated according to FM-SE 13(b) (I think - from memory) which means you can probably apply now.
Last edited by englishguygoinghome; Mar 20th 2014 at 7:01 am. Reason: added some extra figures