Income threshold

[sheldon1]

FIRSTLY I MUST SAY HOW SORRY I AM FOR RAICHARD AND PARTNER REGARDING THEIR VISA REFUSAL LETTER. IF I WAS IN THEIR SHOES I WOULD IMMEDIATELY CONTACT MY M.P. AND GET THEM TO WRITE TO THE HOME OFFICE MINISTER AND ASK FOR AN EXPLANATION.

I WAS CHECKING BACK MY PAYSLIPS FOR MAY AND NOTICED THAT I WAS IN THE PHILIPPINES MOST OF APRIL AND MAY. MY MAY PAYSLIP SHOWS MAINLY HOLIDAY PAY FOR THIS PERIOD AND IS JUST LESS THAT THE £1550 GROSS A MONTH THAT I AM COMFORTABLE WITH. THIS NOW BREAKS MY CONTINUED 6 MONTHS PAYSLIPS SHOWING MY EARNINGS ABOVE THE 18600 THRESHOLD. I AM WORKING ON AT LEAST £1550 A MONTH GROSS JUST BASIC PAY NO OVERTIME. MY ACTUAL MONTHLY FLAT RATE EVERY MONTH IS £1560 GROSS WITHOUT OVERTIME ETC A LOT MORE WITH OVERTIME OF COURSE. BUT NOW I AM SCARED TO INCLUDE THAT(MAYBE NOW I AM GETTING PARANOID)

MY QUESTION TO THE WISE IS.... HOW WOULD THE IMMIGRATION OFFICER DEAL WITH A PAYSLIP THAT MOSTLY CONSISTS OF HOLIDAY PAY FOR ONE MONTH? WHICH SHOWED JUST LESS THAT THE ACTUAL MONTHLY REQUIREMENT. I AM SURE OUR MEMBERS WOULD BE MOST INTERESTED IN THIS. AND WE ARE NOW PRAYING FOR RAICHARD AND PARTNER FOR THE DECISION TO BE OVERTURNED AS SOON AS POSSIBLE.

SHELDON

[jehzroblenida]

Hi,

Try to email: info.ukph@vfshelpline.com

[andy222]

Just add your payslips up. Looks like £18600. £15500 x 12. BUT they say at least £18600. I dont know. It could go eiither way.

[Terpe]

Sheldon,

The specifics for this are:-

Category A: salaried employment for the last 6 months
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 point of application and has been with the same employer for at least the last 6 months, the applicant can count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement.

There is no discretion or flexibility on this.

[sheldon1]

so should i count that wageslip then terpe?

[Terpe]

so should i count that wageslip then terpe?

The rules state that you must submit 6 months payslips and the corresponding 6 months bank statements.
The rules then go on to say that the income will be based upon the payslip with the lowest gross amount.

Strictly this seems to mean:-
1 payslip at £1551 + 5 payslips at £1560 = pass
1 payslip at £1520 + 5 payslips at £2000 = fail

Sheldon, if the payslip with the lowest amount will satisfy the threshold of £18600 then it's OK to include it. Otherwise don't.
Appears totally illogical but that's what is written in the rules and my guess is that's what UKBA will follow

[sheldon1]

Terpe it will be 5x gross @ £1950 . = £1537 net. And may will be 1 @ £1456 = £1201 net. Its just one payslip whilst i was on holiday. But i have more than made up for it on the other months. I am required by my company to cover other peoples holidays which i do. This at the moment (classed as overtime) is in question as the eco is making his own rules. I think this has to clarified once and for all before you can truly answer my question.

Could any members show the transcript about overtime and bonuses in the appendix so i can print it off and get verified by my m.p. Or damien green. Maybe then we will be out of our misery.

Thanks terpe
thanks all
sheldon

[Terpe]

Terpe it will be 5x gross @ £1950 . = £1537 net. And may will be 1 @ £1456 = £1201 net. Its just one payslip whilst i was on holiday. But i have more than made up for it on the other months. I am required by my company to cover other peoples holidays which i do. This at the moment (classed as overtime) is in question as the eco is making his own rules. I think this has to clarified once and for all before you can truly answer my question.

Could any members show the transcript about overtime and bonuses in the appendix so i can print it off and get verified by my m.p. Or damien green. Maybe then we will be out of our misery.

Thanks terpe
thanks all
sheldon

Sheldon, the point is that you cannot reach the £18600 threshold if you include a payslip at £1456.
That is the one the UKBA will use for their counting. Doesn't matter what the other 5 payslips say.
At the end of the day it's up to you.


Once again, here is what the rule says:-

Category A: salaried employment for the last 6 months
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 point of application and has been with the same employer for at least the last 6 months, the applicant can count the gross annual salary (at its lowest level in those 6 months) towards the financial requirement.

The way the rules are written, you cannot 'make up' shortfalls in other payslips. UKBA use the lowest amount in the 6 months sequence.

......This at the moment (classed as overtime) is in question as the eco is making his own rules. I think this has to clarified once and for all before you can truly answer my question....

In connection with bonuses and overtime, again here is the transcript of the rules:-

Overtime, commission-based pay and bonuses will be counted as earnings from salaried employment.

This is on the top of page 13 of the Immigration Directorate Instructions -Family Members - Appendix FM 1.7 - Financial Requirement

For me this statement is clear and concise.
I feel that your MP will understand it the same as me, you and almost everyone else except one specific ECO.

But you do have a point in that this ECO has now issued a refusal against allowing bonuses and overtime and also commission-based pay.


For your information and reference here is the whole document.

Please do review it carefully.
Show the relevant parts to your MP and ask him for his understanding of the issues you raise.

Please do let us know what responses he gives you.

[lastlid]

The rules state that you must submit 6 months payslips and the corresponding 6 months bank statements.
The rules then go on to say that the income will be based upon the payslip with the lowest gross amount.

Strictly this seems to mean:-
1 payslip at £1551 + 5 payslips at £1560 = pass
1 payslip at £1520 + 5 payslips at £2000 = fail

Sheldon, if the payslip with the lowest amount will satisfy the threshold of £18600 then it's OK to include it. Otherwise don't.
Appears totally illogical but that's what is written in the rules and my guess is that's what UKBA will follow

Again, when I was working offshore, some months I would be earning considerably less than others, even though over a 6 month or 12 month period my aggregate might easily have been significantly more than the £18600 minimum. This was down to the number of days I might work in any month. If I took a 3 week holiday in a calendar month then I might not have met the requirement in the illustration above. I suppose one way around it might have been to take no holiday during the 6 months lead up to the visa application.

A way round it, Sheldon, might be to work that low month out of your series of 6 monthly consecutive payslips. If you see what I mean. So something like a November or December application.....

[joebloggs]

how long would you have to wait til the low wage slips was no longer in the last 6 months payslips ?
i dont think you have an option but to wait

[joebloggs]

Again, when I was working offshore, some months I would be earning considerably less than others, even though over a 6 month or 12 month period my aggregate might easily have been significantly more than the £18600 minimum. This was down to the number of days I might work in any month. If I took a 3 week holiday in a calendar month then I might not have met the requirement in the illustration above. I suppose one way around it might have been to take no holiday during the 6 months lead up to the visa application.

i think they will have to change or scrap the (at its lowest level in those 6 months) i wonder if it will be seen as unfair if this is challenged in court, if you earn £18.6k in the last yr that should be good enough.

[andy222]

I think I will write my supporting document in 6" high letters so they can see the damn thing. Then again they might lose it.

[andy222]

Earnings?, Gross?, with or without overtime?, Bonuses?. Allowances?. This is doing my head in.

[sheldon1]

Ok many thanks. i can apply in december i will have 6 months payslips that show at least £1900 gross for each consecutive month. Or maybe jan better because of xmas. Funny thing is i have worked out that i will of surpassed the £18600 threshold by jan 15 as that will include xmas double time pay etc. But i know its my salaried pay of £20280 a year that floats their boat. I will chase this overtime and bonuses issue on monday with my M.P and get total clarification. I am sure Rhaichard will be also.

I will get it ironed out for sure.

sheldon

[lastlid]