Part 1 - How to calculate £18,600 income threshold for Spouses and Partners under the New Rules?
As Family visas is one of our main specialities, we had noticed straight away that the 'New Rules', introduced on 9 July 2012, were not clear on how to calculate the income of £18,600. We had contacted the UK Border Agency and have had a clarification in early November. We were also told these clarifications would be added to the next update of the Rules.
Now the UK Border Agency announced on 22 November about some additions (or rather clarification) into the 'new Rules', which come in force on 13 December 2012. We'd like to think we played a part in it (but in reality the wise people at the UKBA probably spotted it themselves!)
Part 1 - Workers who have worked for the same employer for at least 6 months.
Old rule: have to take last 6 months payslips, find a 'lowest payslip' and then multiply that 'lowest month' by 12, thus getting an assumed annual amount. Result must be minimum £18,600. Same applies to weekly payslips (lowest payslip in 6 months multiplied by 52).
Now the UK Border Agency announced on 22 November about some additions (or rather clarification) into the 'new Rules', which come in force on 13 December 2012. We'd like to think we played a part in it (but in reality the wise people at the UKBA probably spotted it themselves!)
Part 1 - Workers who have worked for the same employer for at least 6 months.
Old rule: have to take last 6 months payslips, find a 'lowest payslip' and then multiply that 'lowest month' by 12, thus getting an assumed annual amount. Result must be minimum £18,600. Same applies to weekly payslips (lowest payslip in 6 months multiplied by 52).
Problem: those whose earnings have been fluctuating and changing every month/week. Then one payslip 'spoils' the whole picture.
Clarification from 13 December 2012:
Those who have been with the same employer for at least last 6 months can now choose between so called categories A and B.
In they don't meet the income requirement based on the 'lowest payslip' rule then they can count their total ACTUAL earnings in the last 12 months. In other words, adding the total of the last 12 months payslips (including 'lowest' and 'highest') and if total comes to £18,600 then requirement is met.
Even easier for those who earn more than £18,600 and who could meet the requirement by showing payslips for less than 12 months.
Next posting will be about Self-employed people and the one after that will be about a growing number of 'Contractors'.
Contact us for immigration advice or application, including same-day Premium service in the UKBA: www.1st4immigration.com
Clarification from 13 December 2012:
Those who have been with the same employer for at least last 6 months can now choose between so called categories A and B.
In they don't meet the income requirement based on the 'lowest payslip' rule then they can count their total ACTUAL earnings in the last 12 months. In other words, adding the total of the last 12 months payslips (including 'lowest' and 'highest') and if total comes to £18,600 then requirement is met.
Even easier for those who earn more than £18,600 and who could meet the requirement by showing payslips for less than 12 months.
Next posting will be about Self-employed people and the one after that will be about a growing number of 'Contractors'.
Contact us for immigration advice or application, including same-day Premium service in the UKBA: www.1st4immigration.com