Quote Originally Posted by david1478 View Post
Hi Terpe, I have my last 6 months pay statements now.

Here are the figures: April-£1810.15. May-£1521.21. June-£1625.32. July-£1829.02. August-£1748.55. Sept-£1511.46.

The September statement was low because I went to the Philippines so couldn't do much overtime. I think I was also on break in May, so again couldn't do much overtime. Hope you can help with some good advice, I'd be devastated if they turned Sarah's visa down, as we have a 2 year old daughter (who has a British Passport and is currently living with my wife in the Philippines). I miss them both very much.
Hi David,
Based solely on those payslip amounts you cannot submit under Cat A salaried employment since the application would fall for refusal as 2 months are below threshold.

However, if the caseworker and ECO accepted that you should be assessed under Cat A non-salaried employment then you might be OK depending on the level of overtime payments under annualisation

Sorry I can't give a definitive answer based on what you've shared. No one should give you a 'definitive' answer without knowing full facts of your employment and pay structure basis?

Here's what UKVI state about overtime payment:-

5.5.6. Overtime, 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 6 or 12 months prior to the date of application as applicable. 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.
I've highlighted the last sentence. It's not highlighted in the original text.

You really need to think about your options based on your own circumstances.
Personally I always advocate minimising risks.
UKVI ECO's can be unpredictable

For that reason I'd suggest you seriously consider an application under Cat B given that you're in a position to submit the 12 months evidence and given that you'll be able to submit a compliant payslip at the time of application.

If you feel you can fulfil Cat A under the non-salaried definition and you want to ahead on that basis then I'd suggest having it confirmed by an authorised immigration adviser experienced in the interpretation of the Financial Requirement.
You'd need to have a detailed breakdown of your pay and pay structure together with details of the overtime payment level during the past 6 months.
Additionally you need to show the detail of how your employer places your contract.

Overtime can get complicated. You mention compulsory overtime.
Don't forget that you can only be required work overtime if your employment contract says so.
Also, legally your employer can’t usually force you to work more than an average of 48 hours per week unless you've agreed in writing and it's signed by them.
Food for thought.

Hope you'll keep the forum updated