HALG

We are wanting to apply for spouse visa via the 12 month prior earnings route as follows.

1. My current job is paying £18600, so that satisfies.

2. Combination of two jobs in last 12 months exceeds £18600.

Current job is paid in advance, previous job was paid in arrears.
Example.
For the 12 months Nov-Nov,
Nov 2015 payslip and bank deposit include earnings for time worked in October 2015
Nov 2016 payslip and bank deposit include earnings in advance for Dec 2016.
So effectively, the bank deposits run For 12 months, but the actual time worked to earn this money is approx 13 months.

My question is:
How is the 12months determined? Is it bank deposits/payslips? Or time worked?

Thanks

SanDiegogirl

The 12 month is determined as the 12 months immediately preceding your application.

So you need to show 12 months of payslips/bank statements amounting to a total of 18,600 GBP per annum.

What category are you applying under? What are your circumstances?

HALG

Thanks for the reply Sandiegogirl.

We will be applying under Category B.
I understand the 12 months is calculated immediately prior to application. But am unsure if this time is taken from Payslip date, or Bank Statement Date.

For example:
If we were to apply on 17th Oct 2016, I have bank deposits for wages exceeding £18600 for the period 17th Oct 2015 to 17th Oct 2016.

These deposits however relate to work paid in arrears (Oct 2015) and work paid in advance (Oct 2016). i.e. Deposit on 24th October 2015 has Payslip date fortnight commencing 10/10/2015.
Deposit on 17th October 2016 has Payslip date for the calendar month to 31/10/2016.

Therefore, the Bank deposits fall within the 12 months. But the payslips are out by a few weeks either side.

SanDiegogirl

Present payslips and bank accounts and explain disparity between bank statement dates and payslips.

HALG

Is there a risk that the visa could be declined, if they go with Payslip dates..?

SanDiegogirl

Sorry, but I can't suggest what else you could send. You HAVE to present the payslips and bank statements and unless you have anything else which describes your situation (being paid in advance is unusual) you have to go with what you have.

There is always a risk of refusal but if your figures add up, and everything else (relationship, accommodation) is OK, I don't think there is too much to worry about.

HALG

Thank You SanDiegogirl. You are very knowledgeable. Appreciate your help