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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I'm a South African and currently residing in the UK, and would

Customer Question

I'm a South African and currently residing in the UK, and would like to apply for a Spouse visa for my wife and another visa for a dependent child. I earn at least £1900 every month and fully understand that I should be earning at least £1866.67 per month in order to meet the financial requirement for both.
However, an error in payment was made by my employer in one of my wage slips that the gross pay was £1211. Although my employer acknowledges that I was underpaid by nearly £700 gross they promised the error will be rectified by having the amount be paid into my next salary.
Since I'm need to make an application for my wife and child, would it be appropriate to submit a letter with the application informing the ECO about the the error in question?
My salaries are as follows:
May, £1900
June, £1900
July, £1900
August, £1900
September, £1211
And for October, it surely will be £2600
Looking forward to hearing from you.
Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Could you confirm if you have indefinite leave to remain in the UK?
Kind regards
Customer: replied 2 years ago.

Yes, I have an Indefinite leave to remain in the UK.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
In respect of meeting the financial requirements you need to show that you are earning £18,600. However, where the application includes sponsorship of a child at the same time (or at any time before the applicant reaches settlement), the minimum income threshold increases and there is a higher financial requirement to be met.
The level of the financial requirement to be met in cases involving dependent children varies and is determined by the number of children applying. An additional gross annual income of £3,800 is required for the first child sponsored in addition to the Partner and an additional £2,400 for each further child.
The level of the financial requirement will therefore be for example:
 Partner with no children – £18,600.
 1 child in addition to the partner – £22,400.
 2 children in addition to the partner – £24,800.
 3 children in addition to the partner – £27,200
So in your case the gross amount you need to show you are earning will be £22,400 and not £18,600.
In your case it seems that if you are earning £1900.00 per month then you would have an income of around £22,800 and would meet the financial requirement.
In respect of you question, yes I would either recommend that your employer provides you with an amended payslip or a letter confirming the error made in your payslip and confirm that it has been rectified.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

That is helpful.

Here's another question, if one were to earn £1750 on four-weekly basis, would one still meet the financial requirements - bearing in mind that four-weekly salary equals 13 payments a year and not 12?

Looking forward to hearing from you.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Yes, they would, but this would need to be made clear to the immigration officer and then they would be able to work out that you do meet the requirement. It is not the sponsor's fault how they are paid, provided they earn the required amount, it would be sufficient.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly provide a rating so i can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi there, thanks for replying to scenarios I've given.

Now, here's a situation which applies to me personally and I intend to make an application very soon:

I'm a UK resident on an Indefinite Leave to remain and I would like to make a spouse Visa application for my wife and another one for dependent child. It is to my knowledge that as a sponsor, I'm required to be earning at least £22400 gross per year to meet the financial requirements to cover both of them.
My employment contract states that my gross annual income is £17500, however, with overtime and night-shift premium I certainly earn more than £24000 per annum. I get paid on a four-weekly basis (13 times a year) and my pay has always been 'variable'.

My payslips' gross show as follow in the last 12 months:
£2005
£2359
£2584
£2353
£2068
£1837
£1398
£1356
£1298
£2126
£1867
£1971
£1848

Now, I would like to know under which Category I should apply since my pay is variable mainly as a result of overtime - Category A or B?

Looking forward to hearing from you,

Thanks...

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Kindly rate my previous answer positively and I will be happy to answer your follow up question,
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply,
In your case, you should apply under category A, as you have earned the required amount of income over 6 months and have been with the same employer for over 6 months.
You may just need to clarify why the income in varied and why it is higher in some months than others.
I apologise for the delay in reverting back to you.
Kind regards

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