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Thread: Non-salaried employment question
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1st December 2013 #1
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Non-salaried employment question
Hello.
I'm here again to ask some questions regarding the income threshold.
We will be applying under category A, non-salaried employment, as my husband is paid hourly and work time varies. He has done his six months with his recent job and we are now gathering all documents for the application. My question is, since he is in a non-salaried employment,we don't need that 1,550 gross monthly in his payslips as that is for the salaried employment right? His gross income for 6 months is 12k and based on the calculation for annualised average for non-salaried employment, he has passed the 18,600 income threshold. (12k divided by 6 then multiplied by 12 giving us 24k).Correct me if i'm wong guys.
Any inputs will be highly appreciated.Thank you!
Marga
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2nd December 2013 #2
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Look here at post#7 for my previous reply to you.
It's always important to validate for yourself any technical advice you receive in a forum so please do take time to review the links that get provided and in particlar the Immigration Directorate Instructions - Family Members under Appendix FM of the Immigration Rules - Annex FM Section FM 1.7: Financial Requirement
Which can be found here.
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2nd December 2013 #3
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hi Terpe. Thanks for always taking time to reply in my queries.
I have read those links but tbh i wanted to make sure if my husband needs to meet the 1,550 gross per month. From what i understood,there is no need for those in a non-salaried employment. Am i right?
Marga
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2nd December 2013 #4
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Hi marga,
Yes, you are right in your understanding.
I can only help you based on the information you divulge.
I cannot give you a definitive answer on exactly how you must make your application.
The UKBA rules DO allow for applications under Category A for those folks who have sponsors in non-salaried employment to use the UKBA annualised average for non-salaried employment. This is based on having gaps or shortfalls in pay or having variance in their regular pay.
This is fully explained in the link I gave for the Immigration Directorate Instructions - Family Members under Appendix FM of the Immigration Rules - Annex FM Section FM 1.7: Financial Requirement
Which can be found here.
Please refer to section 5 and review the various examples given.
Your sponsors specific circumstances will indicate that application under Category A or Category B is possible. Here again the very same UKBA annualised average for non-salaried employment is used.
So, yes, it can be confirmed that UKBA now allows applications with supporting payslips that do not meet or exceed a monthly minimum of £1550. But that do meet their calculation of annualised average for non-salaried employment in both Category A and Category B
Please please do read the rules as I have indicated in the links.
It's imperative that both you and your sponsor fully understand the basis of your own application.
May I additionally suggest that you state the basis of your compliance together with you calculation of the annualised average for non-salaried employment showing that the income threshold is met in Part 5 - Continuation and Additional Information of the application form Appendix 2 Financial Requirement.
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2nd December 2013 #5
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Thanks again Terpe.
Please dont get tired in answering my queries as i go along with the link you have provided
Marga
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15th December 2013 #6
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Your sponsors specific circumstances will indicate that application under Category A or Category B is possible.
Hi Terpe.
To be honest i am a bit confused which category my husband belong. He is paid at an hourly rate, there are times they don't ring him to drive. so his monthly income depends on the work he does and the hours he worked for.He has been with his job for 6 months now. Is he under Cat A non-salaried or Cat B?
Thanks again.
marga
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15th December 2013 #7
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Hi marga, I think you've got a pretty good understanding of the needed documents.
As far as I'm aware the application forms have not yet been updated to reflect the Cat A
sub-sections of 'salaried' and 'non-salaried' and that can often cause some anxiety. (Not surprisingly really).
To be honest though I haven't yet reviewed the new online forms since they've been updated to the latest system.......I've got that on my 'To-Do' list
If you intending to apply under Category A with 6 months payslips/bank statements as 'non-salaried' then personally I'd feel more comfortable to add an explanatory not to that effect and also add your own calculation of the annualised average.
Just as I mentioned in my post #4
May I additionally suggest that you state the basis of your compliance together with you calculation of the annualised average for non-salaried employment showing that the income threshold is met in Part 5 - Continuation and Additional Information of the application form Appendix 2Financial Requirement.
Good luck
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15th December 2013 #8
Another tip Marga make sure your husbands boss puts all the correct details down in his supporting letter. I think this makes a difference.
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15th December 2013 #9
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16th December 2013 #10
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16th December 2013 #11
Good luck marga.
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