Shervin.nksh

Hi, I hope everyone is doing well . I am writing to ask for your assistance because I'm applying for a UK fiance visa soon.
My fiance , annual salary is £18,600, earned through a salaried employment contract, so she gets paid at least £1550 every month before any overtime is added. However, in one month out of the past six (we are only providing six months of payslips and would like to apply under category A), her pay was slightly lower than the required minimum of £1550 per month (£143 less to be exact). We have included a letter explaining this and how adding the annualised overtime pay to her annual income brings it above the minimum requirement of £18,600.
this is my exact calculations,
1,550 - 143.08 = 1,406.92 lowest salary as a result of illness

1,406.92 x 12 = 16,883.04 annualized minimum pay

83.94+204.60+346.25+299.03+451.17+409.20 = 1,794.19 total overtime payment within 6 months

(1,794.19/6) X 12= 3,588.38 annualised overtime

16,883.04 + 3,588.38 = 20,471.42 final annual income.

1. Are these calculations correct? can we go on with the application process?

2.How common is it to include overtime to meet the requirement? Is it something caseworkers are familiar with and can easily calculate?

3.I have doubts whether my finace is considered to be salaried or non-salaried. Since there was a deduction because she couldn't go to work for 2 days.

also, According to everything mentioned earlier, which option should be indicated on the application form when it asks about my partner's earnings?
1.The same amount continuously, above the financial requirement amount.
2.The same amount continuously, below the financial requirement amount.
3.Not the same amount continuously, above the financial requirement amount.
4.Not the same amount continuously, below the financial requirement amount.

Thank you so much for helping out.

SanDiegogirl

Personally I would say that as your fiance gets monies deducted if she does not work, and gets overtime she is non salaried.
To calculate her equivalent annual salary under non salaried:
Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application will be the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application (where that employment was held throughout that period).
To calculate this annualised average for non-salaried employment in Category A the following calculation should be used: (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.

So, 5 x 1,550 plus 1 x 1406 = 9,156 /6 x 12 = 18,312.00 per annum
Add to this overtime: Annualised at 3,588
Total - Annualised income of $21,900

1. Believe the above is correct
2. Very common
3.Non salaried
4. The same amount continuously above the financial requirement amount

Shervin.nksh

Hi, and thank you so much for replying.
She must be salaried, as her contract states she works 37.5 hours a week and has an annual income of £18,600. Sorry, I forgot to mention that that particular month with the lowest salary was because she got sick, and she was also during her probationary period, so sick leave couldn't cover her. Apart from that month, every other month she's had a constant income of £1,550 per month, excluding the overtime pay, which is also mentioned on the payslip.
considering she is most probably salaried, would my calculations be correct?
And is constant and above the requirement is the right option on the online form?
thank you so much for your help

Pulaski

If you're paid a salary then you don't get paid overtime. If the work isn't done by the end of the day/week then, if you're salaried, you stay until the work is done, without additional pay.

In other words, anyone who's pay is proportional to their hours worked is non-salaried.

Shervin.nksh

well on her contract, she is supposed to work 7.5 hours a day/ 37.5 hours a week, so anything more than that is considered overtime, she also works a few Saturdays a month which exceeds 37.5 hours and counts as overtime. I hope this explains the situation better. Thank you for your reply anyways.

SanDiegogirl

She might have a contract which states minimum hours etc, but if she gets overtime, and gets monies deducted when she does not work, she is not considered salaried.

As per the document https://assets.publishing.service.go...equirement.pdf

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

Personally, as I have always understood that:

- to apply under Cat A (salaried) one has needed to have a minimum income of 1,500 GBP each and every month,
- to go under that minimum amount would mean you do not qualify;
- I have never come across someone on salaried income using overtime to make up a shortfall.
- there is nothing in Appendix FM 1.7 to indicate how you count overtime to reach the financial minimum for salaried employment

In addition, if you apply as unsalaried your annual income looks even better!!

spouse of scouse

I don't know if this helps or hinders, but there's a bit about overtime being able to be included on page 28 of the financial requirements

"Overtime, payments to cover travel time (for example, for a care worker travelling between appointments), commission-based pay and bonuses (which can include tips and gratuities paid via a tronc scheme registered with HMRC) will be counted as income from employment where they have been received in the relevant period(s) prior to the date of application. Sometimes the person will receive the same amount of income from overtime each month; sometimes overtime payments will vary, with different amounts (if any) each month. All overtime in salaried employment will be calculated based on the approach to income from non-salaried employment. This will be an annualised 6-month average for the overtime which will be added to the level of the gross annual salary"
https://assets.publishing.service.go...equirement.pdf

Pulaski

So does my current contract (well 8/40), and numerous others going back almost 30 years, but I have been salaried for the entire time, because I am not paid for any time I work beyond the hours specified.

Prior to that I had several contracts that specified my working hours, in fact they all did*, in the 35-40 hr range, and included provisions for being paid overtime - I was not salaried.

While there have been numerous differences in the details to the various employment contracts I have worked under, by far the biggest one is that all the non-salaried ones had some provision for the payment of overtime, and none of the salaried roles I have had have paid overtime under any circumstances.

* I suspect that you and your fiancée's confusion may come from the current abominable practice in the UK of having "employees" work on "zero hour contracts", which don't guarantee any hours of work at all. They were not a thing when I started my career, and whether you were hourly paid or salaried, you still had regular, documented, expected working hours.

SanDiegogirl

Hi SOS,

Yes I saw this too, but I don't see how this fits in with the following statement from the same document:

Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. In doing so 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.

The OP's fiance did not make the minimum financial requirement throughout the period of 6 months of 18,600 GBP; hence the questions regarding overtime.

Personally, as going the unsalaried route meets the financial requirements easily, I would go with the unsalaried criteria.

Shervin.nksh

thank you for all the information, these are all new to me. My fiance is a permenant and full-time worker. It is really confusing whether she is salaried or non based on what you mentioned. Is there anyways we can find out for sure? Who do we have to ask to get a firm and accurate answer? Would the employer be aware of this?

Shervin.nksh

you're right about the non-salaried route, however how can choose that? We can include the calculations but it really comes down to the caseworker and how they will understand the situation, they might just assume she is salaried regardless.

Shervin.nksh

I've also found this Link which may be useful to the situation as it uses an example of the calculations.
please let me know what do you think about this.
thank you.

Shervin.nksh

exactly what I was referring to as well. Thank you for mentioning this.

Pulaski

It's not confusing. If someone is paid for overtime worked they are not salaried.

Shervin.nksh

I understand your point of view, however it doesn't add up with what's written on the government website.