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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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I would like to ask about Overtime Calculation under

Resolved Question:

Hi I would like to ask about Overtime Calculation under Category B Salaried Employment - Spouse Visa Financial Requirements.
Under the Two Part calculation mentioned in the guidance:
-Does overtime earned in the month preceding the application count towards the second part of the calculation (the Actual Amount Of Gross Income Recieved in he 12 months prior to the application) ?
-If so is the actual amount of overtime added to the total or using the annualized 6 months average method (overtime in 6 months *6 /12) ??
My situation is:
Employed under Permanent contract at Annual Gross Salary £21600
Started this employment less than 6 months ago.
Sums in the "preceding 12 Months":
-From previous job: £9313.2
-From this job: £8890
-Overtime at this job: £500
-From a concurrent non-salaried job started last month: £300
Am I right in relying on Category B and calculating the 2 parts as follows:
(1) Gross Annual Salary: £21600
(2) Actual Amount of Gross Income in the preceding 12 Months: £19503
( 9313+8890+(500*6/12)+300 = 9313+8890+1000+300 = £19503 )
The guidance states:
So, under Category B, the assessment of the financial requirement is based on:
(1) The gross annual salary or income from salaried or non-salaried employment at the
date of application.
(2) The actual amount of gross income received from any salaried or non-salaried
employment in the 12 months prior to the application.
The guidance also states:
Overtime, commission-based pay and bonuses (which can include tips and gratuities
paid via a tronc scheme registered with HMRC) will be counted as income from
employment where they have been received in the 6 or 12 months prior to the date of
application as applicable. Sometimes the person will receive the same amount of
income from overtime each month; sometimes overtime payments will vary, with
different amounts (if any) each month. All overtime in salaried employment will be
calculated based on the approach to income from non-salaried employment. This will be
an annualised 6-month average for the overtime which will be added to the level of the
gross annual salary.
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question. Yes in essence if you are applying for a spouse visa and are using category B as your route to meeting the financial requirements then yes you would eligible provided your annual income for 12 months preceding the date of application is over £18600.00. From what you have mentioned in your question you would meet the financial requirements for a spouse visa. I hope this answers your question. Kind regards
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