Hi guys. At my place of employment there are threats of some redundancies, so I am looking at "variable income" for my wifes application for FLR(M) I would hope to have a job prior to the application as that is critical. I am really trying to get my head around this section. My main question is "If I start a job say within a month from now which would be about 2 months prior application, could I use cash savings with variable income????
My main point of confusion is highlighted bold at the bottom of this quote.
QUOTE"
5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK
5.3.1. This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.
5.3.2. Where the applicant wishes to rely on their own employment income (where they are in the UK with permission to work) as well as that of their partner, the employment and
non-employment income of both parties must be calculated under Category A or Category B; those categories cannot be used in combination. See example (d) below.
5.3.3. Under Category B, the financial requirement must be met and evidenced in two parts.
5.3.4. First, 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, or earning the amount relied upon, for less than the last 6 months, they can count the gross annual salary at the date of application towards the financial requirement. There is no required minimum period for this current employment, provided that the requirements for specified evidence under paragraph 2 of Appendix FM-SE can be met in respect of it.
5.3.5. Gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer, or earning the amount relied upon, for less than 6 months at the date of application.
5.3.6. 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. Salaried employment includes that paid at a minimum fixed rate (usually annual) which is usually subject to a contractual minimum number of hours to be worked.
5.3.7. The only difference in Category B between salaried and non-salaried employment is how gross annual salary or employment income at the date of application is calculated:
Where the person is in salaried employment – the level of gross annual salary will be as at the date of application. This must be evidenced by the latest payslip or the signed contract of employment (if a payslip does not provide this information).
Where the person is in non-salaried employment – the level of gross annual employment income relied upon in the application can be no greater than 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, regardless of whether that employment was held throughout that period. The calculation will include all non-salaried employment undertaken during that 6 month period, and will be calculated over that 6 month period regardless of how much of that period was spent in employment.
To calculate this annualised average for non-salaried employment in Category B the following calculation should be used:
(Total gross income from non-salaried employment undertaken during the 6 month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.
5.3.8. If necessary to meet the level of the financial requirement applicable to the application, the applicant can add to this:
The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly in the 12 months prior to the application, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application;
An amount based on the cash savings above £16,000 held by the applicant’s partner, the applicant or both jointly for at least the 6 months prior to the date of application and under their control. At the entry clearance/initial leave to remain stage and the further leave stage, the amount above £16,000 must be divided by 2.5 (to reflect the 2.5 year or 30-month period before the applicant will have to make a further application) to give the amount which can be added to income. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be added to income; and/or
The gross annual income from any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.
5.3.9. Second, the person must in addition have received in the 12 months prior to the date of application the level of income required to meet the financial requirement, based on:
The gross amount of salaried or non-salaried employment income of the applicant’s partner (in the UK or overseas) and/or the applicant (if they are in the UK with permission to work);
The gross amount of any specified non-employment income received by the applicant’s partner, the applicant or both jointly, provided they continue to own the relevant asset (e.g. property, interest from shares) at the date of application; and/or
The gross amount of any State (UK or foreign) or private pension received by the applicant’s partner or the applicant.
5.3.10. So, under Category B, the assessment of the financial requirement is based on:
(1) The gross annual salary or income from salaried or non-salaried employment at the date of application. This source can be combined with Category C: non-employment income, Category D: cash savings and Category E: pension; and
(2) The actual amount of gross income received from any salaried or non-salaried employment in the 12 months prior to the application. This can be combined with the actual gross income received from Category C: non-employment income and Category E: pension over the same 12-month period. Category D: cash savings cannot be used under (2).
Many thanks for your help.
Take care John