Hi People, Merry Xmas to all! I was wondering if I can pick your brains. I am due to apply for spouse visa feb and just getting last bits in place for the visa app, Ive held off due to getting a payrise and bonus end of year. Theres just a few things I need to check? Firstly - I have worked out by feb I would of earnt £19000.00 net and £24000.00 gross over 12 months prior to application so I just wanted to double check with the new rules that came into place dec 13th that I would be best applying under cat b and submitting 12 months worth of payslips and bank statements? Secondly - My landlord and 2 housemates are fine with my spouse moving in. Its a 3 bedroom house all rooms double and just the 3 of us living there. Landlord is totally cool with us moving in and I will ask for a new tenancy agreement with my spouse named on it - however thats where I am confused as we dont know when she'd be here as it depends of the processing time. So do I asked for an open eneded tenancy agreement or just get a letter from my landlord confirming that the current tenancy will renew for a min of 6 months when my spouse arrives? Thirdly - Would you submit a housing report or just pictures as the house is 3 bedrooms and looking at the official guidelines having 4 people in a 3 bedroom house is below what is classed as overcrowding. I was just going to go with the tenancy and pictures of my room - which is massive and the living room, kitchen and bathroom? I appreciate any help you can give, im getting nervous as the big day is fast approching and Im doing my application myself. Happy Xmas!!
First of all , Welcome aboard.... In regard to your questions, I don't think you will have much of a problem if any at all with the financial side of the equation. The accomodation part is a bit trickier, as you rightly mention an element of overcrowding. But on the other hand i wouldn't really be too worried, as I know of one other person in the same situation, and his application was accepted, and has been together with his wife in London for quite a few months now. The slight difference is that he went the EU route, and that the ECOs may have used a different set of rules on this occasion. But don't panic, be patient and soon enough, someone with a vaster knowledge and experience on the subject will surface on the board, and answer your query..
I would recommend cat b as it seems most appropriate for your circumstances, seems like they have catered for wage increases hence you can rely on 12 months slips + bank statements. For accomodation I would juts provide your most current tenancy, accompanied with a letter from the landlord explaining he has no objections for your spouse to reside at the property, he can also confirm the number of existing tenants + no of rooms in the property I would recommend a housing report to be on the safe side. As long as you exclusively occupy 1 bedroom this will not cause overcrowding for a couple. Pics could be from anywhere and you are giving the EC officer chance to create doubt, not saying it doesn't work but peace of mind suggests to go for housing survey report
Our site owner (Kuya) fell foul of this as he applied before the changes. He applied under Category 'B' but they appeared to re-classify him as Category 'A' so his application failed. Hopefully, you will not get re-classified in the same manner.
Hello Jessica, hope you enjoying your Christmas celebrations. From what you've said, I would ask, why Category B? Are you unable to comply with Category A? I would always suggest people adopt the simplest compliant path. Try to avoid any complications.Always remember that all visa applications must be fully compliant with immigration rules to avoid falling for refusal. Although caseworkers and ECO's do have discretionary freedom in specific areas, there is no discretion at all on the rules. The Burden of proof lies with the applicant. I'm not trying to put you off applying under Category B, just asking to consider your underlying reasons. Under Category A you need to have worked for the same employer for more than 6 months. You will need to be earning the required amount. You need to submit wage slips covering the past 6 months (immediately prior to the application). None of which should be below the required minimum amount of £1550 gross (based on 12 monthly) Category B is now much more flexiible than iw was before and states:- Under Category B, the financial requirement must be met and evidenced in two parts:- First Part The applicant counts the gross annual salary at the date of application towards the financial requirement. (Means their current salary.) Second Part The couple must in addition have received in the 12 months prior to the application the level of income required to meet the financial requirement applicable to them. The assessment of the financial requirement will therefore be based on:- 1 The gross annual salary from salaried employment at the date of application. 2 The actual gross income received from all salaried employment in the 12 months prior to the application. You will also need to provide:- A letter from the employer(s) who issued the wage slips confirming:- - Your employment and gross annual salary - The length of your employment - The period over which you have been or were paid the level of salary relied upon in your application - The type of employment (permanent, fixed-term contract or agency) Regarding the accommodation side, I would suggest that in cases like yours (Houses of Multiple Occupation) an independent report is the appropriate route for minimum risk. Hope this helps.
I dont meet it in min salary p/m as wages are flexable to change each month with overtime and commision but I can get £5000 in bonus every 3 months. So cat b is the only way and already earnt 5k over the min requirement. I have spoken to the local council and they are doing a property inspection report and are doing it for free! I couldnt believe it when I asked how much and he said tis the season for goodwill! Must of caught him in a good mood! So all is good I hope.
Yet another interesting case where irregular income comes to the fore. Good luck. Shall be interested to see how you get on.
I see. Then it seems that the new operational changes under Category B will be perfect for you. Well done. That's sound great many people spend over £150 on that. John, the new operational changes now include variable income cases under category B. Income over 12 months can be used to meet the income thresholds
Yes, I know what you mean. The wording is so very ambiguous. Anyone who feels that Category B is their best option must, I my opinion, be very careful to follow precisely the written rule and not make any 'logic' assumptions at all. The keys are:- - status and income at the date of application - total taxable income during the previous 12 months
I thought the previous Government had made it a requirement that all documents produced by national and local Government and targeted at the public had to be written using plain English and be unambiguous. Mrs May obviously disagrees.
Now worrying over financial requirment again! As memention I have earnt in excess of the £18600 but I understand I need to evidence this going forward from application date. My base salary is £18180 and I have double checked with the Managing director and hr dept that overtime and comission is contractural. Earning a min of £410 to a max of £1700 extra every month. I just need to make sure the letter they write stipulates that its base pay but whats peoples view on whether this would be ok?
Surely it would be simple in your case as you are so close to the threshold, where your employer simply states your base salary and then stipulates further that you will earn anything between £410 to £1700 per month in overtime and bonuses, particularly if it it is indeed contractual. I used to be on a variable rate consisting of a base salary and a daily bonus, for every day I worked on site on a rig. So I kind of empathise with your predicament. I used to have to go through this sort of thing when I applied for mortgages. The more you can get your employer to write, in a positive way, the better. How about drafting a letter up on their headed paper that includes the detail that you need, then get them to sign it. I did exactly that for my employer's letter for my wifes spouse visa, I typed the letter up and got the director of the company to sign it. As long as it is the truth then why not. If you write it then it will save them the ball ache of doing it and thinking about doing it.
Soooooo, Im applying the 31st Jan and up to that date I would of earrnt in excess of the financial requirment with overtime and commission. Now I understand that to apply under cat b, it has to be evidenced in 2 parts. That you have earnt the min requirement prior to application date and secondly that you are earning it after. So my thoughts are that with my app date being the 31st Jan I can easily evidence the first part for the second part heres my thinking - I will have a letter from my employer confirming amount earnt before and up to 31st Jan then I will have a letter confirming the salary I am on from 1st Feb onwards and also stating that I am contractualy entitled to commission. On the 15th Feb, I know I will be paid my bonus, which if added to the basic salary I will be on already exceeds the £18600 for the 12months after application date. Will this work? Also the date you apply online does that count as the app date or the date you submit your docs? Thankyou in advance for your help!
