Hi Paul as I see it if you are paid 4 weekly like us then this section is quite important.
(d) A letter from the employer(s) who issued the wage slips at paragraph 2(c) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment for employment currently held.
(f) Monthly personal bank statements corresponding to the same period(s) as the wage slips at paragraph
If you also mention your salary arrangements in your supporting letter then the message should hopefully register with the ECO.
Judging by the timescale you have mentioned in earlier posts, in the unfortunate event that they refuse you solely on financial grounds then this would be about the time you actually receive your P60 which would of course prove your annual earnings.
Paul,
As you can see there are many views.
In principle there is no stipulated requirement for 6 monthly payslips.
Under category A the requirement is to provide wageslips "covering a period of 6 months prior to the date of application"
Also, and importantly,
However, rather than going into the precise details of how best to present these details under existing rules I would strongly suggest you wait for a few days until the latest changes have been implemented on 13th December 2012A letter from the employer(s) who issued the wage slips at paragraph 2(c) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
It appears that the need to make special and precise statements of compliance may no longer be necessary and that evidence of earned income may be allowed over a period of 12 months.
The objective is to enhance evidential flexibility by the caseworker exercising discretion.
The complete wording still remains convoluted but will hopefully become clearer following further study.
Please be patient for a short while.![]()
Paul, I would be very surprised if you got any helpful advice from UKBA.
They will at best only cut and paste immigration rules for you, then suggest you seek specialist advice if you cannot understand.
I really couldn't give any time so far to fully understand the usual UKBA civil service gobbledegook, but see what you make of the 'proposed' newly worded FM-SE (Family Members - Specified Evidence) Annex
I think it's better to hang on until the final wording is published before making a final decision.In Appendix FM-SE delete paragraph 2 and substitute
2. In respect of salaried employment in the UK, all of the following evidence must be provided:
(a) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months
(and where paragraph 13(b) of this Appendix does not apply);
or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the applicant has been employed by their current
employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix),
or in the financial year(s) relied upon by a self-employed person.
(b) A letter from the employer(s) who issued the wage slips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(c) Personal bank statements corresponding to the same period(s) as the wage slips at paragraph 2(a), showing that the salary has been paid into an
account in the name of the person or in the name of the person and their partner jointly.”
Even in the worst case scenario your 13 annual payslips can be explained.
Don't ever give up!
I have some friends who are also trying to comply with the requirement for employer letter confirmations but are now employed under 'zero-hours' contracts. (NHS)
Its a nightmare.![]()
Duplicate error. Sorry.
Check out this link for the changes on December 13th
Statements of changes in Immigration Rules
http://www.ukba.homeoffice.gov.uk/si...entsofchanges/
The link to the Statement of Changes to Immigration Rules.
Currently for the months of November and September Etc. But will also list new changes on December 13th, the content of which will be revealed then. Any such changes will no doubt apply to those applying for visas to the UK. And may well be of interest to the OP, Paul.
Watch that space. Click on the link on Dec 13th.![]()
hello lastlid, do u mean everything will be changes? about rules and applying visa spouse or settlement? is that possible?? they cut out the income into lowest one???
maybe as long as you earned £18.k in the last 12 months, that would be fairer than what they are doing now.
Thinking here, there's more than one way of confirming your annual salary of course. Yes one method they use is to take 6 months and make that up to an "in theory" 12, however the other way is to state you are using as evidence pay in the last 12 month period.
For that, I think you provide 12 months worth of payslips (Yes it's every 28 days, but use 12 calendar months and I'm certain this would be fine, and if not, then it clearly says this would not be grounds for refusal, but they would request an extra payslip or two), along with your P60 which although not essential, can't do any harm (As long as its over £18,600), and this way you should meet the requirement.
I don't think they use the last 6 months wageslips to make some sort of projected income, if you are submitting slips for the last years earnings option.
Unfortunately, thus far, these strategies have led only to refusals.
Despite rights and wrongs and logics, UKBA have been stubbornly adhering to the letter of the current law.
Anyone who does not fully understand the requirements for full compliance or believes they may be marginal on the income side (especially concerning wage slip details) should seek experienced advice before spending money on a risky application.
Changes on the cards for December implementation may offer less complex requirements and much needed caseworker flexibility.
Let's hope so anyway.
I sincerely hope that for those that are on marginal or irregular incomes that they do refine the detail of the regulations.
Anyone can be down on their monthly pay for the odd month or two for that matter, regardless of their gross income, e.g. jury service, illness etc etc.
Righty, with you. Well, it seems as already said, if there is chance that something may change in the evidence criteria - AND happening so soon from now, it's best to frankly forget any thoughts of trying to work it out under the current rules, in favour of waiting those few more days and seeing if anything does change.
Yes. Of course. Clink on the link on Dec 13th.![]()
Caseworkers will be able to refuse the application if they have evidence that the applicant or partner has deceived them as to the level and/or source of income, has tried to do so, or has withheld relevant information, e.g. that the cash savings relied upon are a loan. Caseworkers will also be able to refuse an application if they are told by the applicant, or establish,that the applicant’s or applicant’s partner’s circumstances have changed materially since the point of application, such that the applicant does not meet the requirements.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
cash savings can't be a loan, if you become unemployed or you loose one of your jobs, ovetime etc you could be refused, this isRyna asked this question in another post, so if it takes them 8 months to process your app and you've just lost your job , they could refuse you a visa
![]()
i'm sure anyone refused because of this, challenged the decision by judicial review would have to win, its ridiculous that they are taking 8 months to process an application, also the bad publicity UKBA has had and with the recession many being made redundant , they should base the decision on when you applied, not when they were bothered to process your application![]()
I've read that a woman from another forum applied on February this year (only a few days before the expiration of her Tier 4 visa), had an error in the payment details so have to resend the application after her visa already expired when UKBA told her about the error. Then UKBA contacted her for more recent documents on October. And by November/December, she got refused of visa and was told not eligible for appeal. According to the refusal letter, her and her sponsor's income didn't comply with the new financial requirements, which the caseworker had based from as she submitted the application after her Tier 4 visa expired. I'm not sure whether that should be the case knowing she submitted the application under the old rules and UKBA processed her application so late.![]()
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
well that's why its best to apply for a visa ASAP and not leave it to the last minute in case problems like this occur, also it depends on who's fault it was, whether it was the banks, UKBA or her fault ( not enough funds in the bank, wrong bank details, etc) .
I'm sure i remember cases where there was a problem with payment but they allowed the person to send the payment again, i suppose it depends on how quick you were to resend it, if it was weeks later and you notice they haven't taken the payment then you have to have some blame, you need to keep your eye on your bank account and make sure payment has been in taken within days or a week or so and not weeks and do nothing
also some people have filled in the payment details incorrectly on purpose to buy more time or dont have the funds in their account, all delaying tactics and UKBA know about this.
it all depends on when they resent the application, was it straight away, or more than 30 days,,
Rayna, your FLR(M) application will be assessed under 'old rules'
I have not encountered any refusal due solely to financials under this regime.
Please believe that I understand such situations and please be strong and expect the best outcome.
God Bless all there (meant in the best possible way)![]()
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