Financial Threshold Advice

[david1478]

Could someone please tell me if Immigration take into consideration overtime when applying for a spouse visa. I work full time on a 40 hour contract with a salary of £17,000 but, as i work in the care sector, I am obliged to do compulsory overtime, such as residential sleepins. With this overtime, I make in excess of £20,000 which can be proven by my pay statements. I e-mailed Immigration about this and all they said was that the decision would be made by the Clearance Officer after he had received our application.

[Terpe]

Hi David, welcome aboard Filipino UK

[Terpe]

Which Category do you plan on applying under ?

[david1478]

Hi Terpe, firstly thanks for all the advice you have given my wife Sarah in the past. She says you have been very helpful. I believe we will apply for the 5-year tier system, if that makes sense. My wife has already filled out spouse visa form VAF4A. The next step is, I will send the money for her to pay for the visa so she can book an appointment to submit all our papers to the British Embassy in Manila.

Sarah has passed her English test and has recently been screened for TB. I am in the process now of getting all my papers together to send her - including my last 6 months pay statements - hence the question about whether they will take into consideration compulsory overtime I do, which takes me over the £18,600 threshold. Any advice would be appreciated.

[Terpe]

Hi David,
What I meant by my question was which category under the Financial Requirement are you thinking of applying under.

Your specific employment conditions make a significant difference to the category and the documentation needed to be submitted.

In principle UKVI do allow overtime etc
As always there's a number of "if's and but's" for you to validate. Plenty of different employment cases around.

Anyway here's their stated starting point general requirements:-

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.

As there's some detail you must validate to be sure, I'd strongly suggest reviewing the Financial Requirement to see exactly how it sits with your own employment circumstances.

Also you need to be 100% sure of how your employer will present their supporting letter.
We've seen a number of members here let down by the employer statements.

Hope it gives you a good starting point

[Terpe]

David, are you able to provide 6 months of payslips with the lowest gross income at £1550 or more ?

Would any of those 6 months payslips include overtime at more than 30% of the gross income ?

Do you have an idea on what your employer would state relating to your employment contract, basic pay and overtime payments ?

[david1478]

Wow, thanks for your advice Terpe. Sarah's right, you are good! I went into my admin office today and they have assured me they will compose me a letter to send, explaining that I am obliged to do compulsory overtime.

As regards to my last 6 months pay statements (April 2014-Sept 2014) they show a gross total of £10,041 but I don't know what the lowest gross income is on any one pay statement till I look tomorrow, they're in the staff office at my workplace

[Terpe]

It's not a major issue if a payslip drops below the Cat A salaried employment threshold.
Means best option would be either under non-salaried variable or worse case under Cat B showing 12 months payslips to meet £18600

[david1478]

Thanks Terpe, I did notice last night when I was reading through the notes on Cat A that they said that when they check my last 6 months pay statements they would look at the lowest one and X that by 12 which I thought was really unfair as really i think they should take the average of the 6 pay statements. Ok thanks but I don't really understand what non-salaried variable is or even how to apply for the Cat B showing 12 months pay statements. If you have time maybe you could enlighten me, thank you

[david1478]

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.

[Michael Parnham]

Welcome to the Forum David, good luck with your application and hope it's all ok!

[Arthur Little]

from me, David ... I am one of Terpe's fellow Moderators and a close friend of his too.

Wow, thanks for your advice Terpe. Sarah's right, you are good!

Yes, ... the man's a marvel; we're exceptionally lucky to have someone of his calibre on board!

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.

's understandable. But, by my calculations - based on the figures you've provided - you have earned a grand total of *£10,045.71 over the past 6 months. And then, if you multiply *that amount by X 2, it brings you up to £20,091.42 per annum ... which is £1,491.42 ABOVE the minimum threshold.

So, it certainly looks like you're good to go!

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).

Tbh ... ... I can't see they'd have any reason to do that. ... assuming I've "done my sums" correctly. Together, of course, with Terpe's verification as to the Category you should apply under.

I miss them both very much.

Again ... totally understandable. Hopefully, you'll very soon be reunited as a family.

[Terpe]

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

[Arthur Little]

Oh dear, David ... it seems I've made a faux pas - albeit an honest mistake - in genuinely trying to be helpful here. Truth is, I'd thought as long as the £18,600 criteria was met - with or without overtime being taken into account - then that would be all that mattered.

What I wasn't au fait with, were the *Categories A & B since *these did not exist when my wife applied for her Spousal Visa back in January 2009 ... i.e., fully 31/2 years prior to the introduction of the minimum income threshold. Hence I'd left that part for Terpe to advise - as indicated in my penultimate paragraph.

Therefore I can only apologise if I've been responsible for prematurely (albeit unwittingly) building up false hopes. However, I trust you will accept this was done in good faith!

Meanwhile ... please follow Terpe's subsequent guidance.

[david1478]

Ok, thanks again Terpe, you don't realise how much Sarah and I appreciate your time and advice. So to summarize (remembering I am a complete novice at this) I should apply for Cat B and submit my last 12 months' pays statements??

[david1478]

from me, David ... I am one of Terpe's fellow Moderators and a close friend of his too.

Oh dear, David ... it seems I've made a faux pas - albeit an honest mistake - in genuinely trying to be helpful here. Truth is, I'd thought as long as the £18,600 criteria was met - with or without overtime being taken into account - then that would be all that mattered.

What I wasn't au fait with, were the *Categories A & B since *these did not exist when my wife applied for her Spousal Visa back in January 2009 ... i.e., fully 31/2 years prior to the introduction of the minimum income threshold. Hence I'd left that part for Terpe to advise - as indicated in my penultimate paragraph.

Therefore I can only apologise if I've been responsible for prematurely (albeit unwittingly) building up false hopes. However, I trust you will accept this was done in good faith!

Meanwhile ... please follow Terpe's subsequent guidance.

No probs, and thanks for making me feel so welcome

[david1478]

Also Terpe, I have a copy of my original contract from 6 years ago. Because I work in the Care Sector (supporting people with learning disabilities) overtime - such as residential sleepins (I work in a 24-hour project) - is compulsory as stated in my contract, and the residential sleepins are paid at a specific rate which are stated on my monthly pay statements.

[david1478]

Oh dear, David ... it seems I've made a faux pas - albeit an honest mistake - in genuinely trying to be helpful here. Truth is, I'd thought as long as the £18,600 criteria was met - with or without overtime being taken into account - then that would be all that mattered.

What I wasn't au fait with, were the *Categories A & B since *these did not exist when my wife applied for her Spousal Visa back in January 2009 ... i.e., fully 31/2 years prior to the introduction of the minimum income threshold. Hence I'd left that part for Terpe to advise - as indicated in my penultimate paragraph.

Therefore I can only apologise if I've been responsible for prematurely (albeit unwittingly) building up false hopes. However, I trust you will accept this was done in good faith!

Meanwhile ... please follow Terpe's subsequent guidance.

Ok, thanks Arthur - and thank you for making me feel so welcome on the forum.

David

[david1478]

Welcome to the Forum David, good luck with your application and hope it's all ok!

Thanks Michael

[butterfly]

Helloooo, I need some advice. My hubby's salary is only £1400 a month but sometimes when he gets extra calls at work - meaning extra pay - it reaches £1600. His salary depends on how many hours per week are in his rota.

What do you think guys? Which Category for him to sponsor me?

THANK YOU IN ADVANCE