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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10262
Experience:  Barrister 17 years experience
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I work on hourly wage, hence variable income. I get

Customer Question

Hi, I work on hourly wage, hence variable income. I get different salary every month, depending upon how much overtime i do each month.
I understand, I should be earning £18,600 per year to sponsor my spouse.
In my case, If I put up my last 6month payslips together, I am over £9,300.
but there is variation in my hourly wage rate.
For the first 3 months, i earned 7.20/hour. Then I got promoted and got pay-rise as well. So for, the last 3 months, i have been earning £8.70 per hour.
so of my last 6month payslips, my first 3 payslips state £7.20 per hour, and my last 3 payslips state £8.70 per hour.
Will this variation in the hourly rate have any effect. I mean can apply with these 6 payslips
Submitted: 3 months ago.
Category: Law
Expert:  Buachaill replied 3 months ago.

1. Dear Adnan, yes you can apply with these six payslips. The Home Office realise that many people are in a fluid working situation and they take account of things such as promotion and change in the variable rate you are being paid per hour. So long as your annual earnings are more than GBP 18,600, then you can sponsor your wife to come to the UK.

Expert:  Buachaill replied 3 months ago.

2. Be aware that you can include overtime. So, if you are slightly short the necessary GBP 18,600 you can work additional hours overtime to ensure you reach the GBP 18,600 threshold. It is your overall cumulative earnings which count.

Expert:  Buachaill replied 3 months ago.

3. Please Accept or Rate the answer as unless you do so your Expert will not receive payment for answering your question.

Customer: replied 3 months ago.
Thank you very much for your answer. I am satisfied, but how can I cancell the My call" option, as i do not want to be contacted over the phone, please. I do not want to pay additional charges. Thank you
Expert:  Buachaill replied 3 months ago.

4. You need to contact Customer Services in order to get the Phone Call Request Service cancelled. I don't provide the Phone Call Service. However, please Rate the answer given.

Customer: replied 3 months ago.
Thanks. i have a question on the rental income as well. The Home office takes into account the gross rental income or the net rental profit(after management fee, letting fee and all other expenses). Thank you
Expert:  Buachaill replied 3 months ago.

5. The Home Office takes into account the net rental profit, not the gross amount of rent earned. So, you will have to deduct management fee, letting fee and other expenses before you arrive at a figure which can be taken into account, as part of your income.

Customer: replied 3 months ago.
Thank you Buachail. I really appreciate your co-operation.
Actually, it says in the immigration rules that rent received from property rental before any management fee will be counted towards financial requirement. Can you please clarify it. Thank you!
Expert:  Buachaill replied 3 months ago.

6. I am surprised that the Guidance states this view. Be aware that these guidelines are not binding on the Home Office so they may be departed from. They are merely published to assist people but they don't bind the Home Office in what they do. So, my own view is that in so far as the Guidelines appear to suggest that gross income is allowed, this cannot be correct as only the taxable figure is counted as income in the generally accepted sense.

Customer: replied 3 months ago.
Thank you so muchCustomer
So, it means, one has to wait untill April for tax return on his net rental profit. After that, he can combine his net rental profit with his gross employment income; and if the combined figure is £18,600 or above, then it should be fine.However, tax return copy, submission receipt, and other letters from the account will be essential to submit to the Home Office to evidence that tax has been paid on the rental profit
Is it so?Secondly, can you apply anytime after April(tax return) in that year with the rental income combining to your employment income?Thirdly, Is it necessary to complete 12 months on the rental income before making application for the UK spouse visa.I would really appreciate, if you could, please respond to my above mentioned queries. Thanks
Expert:  Buachaill replied 3 months ago.

7. One does not have to wait until April for his tax return. One can simply apply based on the figures to hand. There is no need to wait. You can simply do an accounting today. Secondly, you can apply at any time combining the rental income with your employment income. Thirdly, it is not necessary to complete 12 month rental income before making the application for a UK spouse visa.

Customer: replied 3 months ago.
Thank you very muchCustomerfor your help.Can I ask you last 2 questions Please?Employment letter is required from the employer as well.What important points the employer has to mention on the employment letter, as per Home Office Requirement.suppose, if there is variation/increment in the hourly pay rate(as in my case), and those who work on hourly wage get slight increment in their hourly pay rate every year in April. Does this varition in the hourly pay rate on the payslips over the last 6 months has to be mentioned on the letter by the employer?Secondly, from 6-month payslips (in case of hourly wage/variable income), how does the Home Office calculate the gross earnings towards financial requirements?I will honestly appreciate, if you could, please respond to my these two questions. Thank you!
Expert:  Buachaill replied 3 months ago.

8. The employer simply mentions that the employee is employed on a continuing contract and states what the pay has been over the last six months. Secondly, there is no need to mention variation in payslips. Thirdly, you should include what the gross earnings are - don't leave it to guesswork by the Home Office.

Expert:  Buachaill replied 3 months ago.

9. Please Accept or Rate the answer as unless you do so your Expert will not receive payment for answering your many questions.

Customer: replied 3 months ago.
Thank you Buachail. How Can I rate your answer, as I am highly satisfied with your answers.If I give you an example of variable income from hourly wage, how the Home Office will take these into account towards financial requirement;April= £1900
May= £2100
June= £900
July= £1750
August= £2300
September= £1700Either, the Home Office will add these up, divide by 6, and multiply by 12 to get the gross annual income, or will take the lowest figure i.e £900, and multiply it by 12 to get the gross annual income; as you can see there is substantial fluctuations in these 6-month gross earnings. ?Thank you very much
Expert:  Buachaill replied 3 months ago.

10. You are making a mountain out of a molehill! The Home Office will simply double the six months figures and get a final yearly figure. Finally, there should be a Rating system at the top of the page where you can rate the answer. Please Rate the answer and finish the questions.

Customer: replied 3 months ago.
Thank youCustomerfor your valuable concernI am sorry to bother you through my questions.
But if you, please respond to my this last question, I will be highly thankful to you. I will definitely rate the answer, as this is my final question, please.If I put up my last 6-month payslips together; on the first 3 payslips, my hourly wage rate was different, so the calculated/estimated gross monthly and annual salary is different based on that old hourly wage rateOn my last 3 payslips, my hourly wage is different, as I got increment in my hourly wage rate. Hence, the calculated/estimated gross monthly and annual salary is different and higher based on that new hourly wage rate during the last 3 months.How can my employer, mention this on my employment letter, the variation and increment in my estimated gross monthly and annual salaries on my 6 payslips, because of increment in my hourly wage rate over the last 6 months.
Although, the Home Office will reflect back to the payslips to calculate earnings towards the financial requirements, yet the Home office has to be satisfied with the employment letter as well.Thank youCustomer
Expert:  Buachaill replied 3 months ago.

11. The variation in the hourly rate is not an important issue as there will merely be a doubling of your income over six months to get the annual amount you have earned. I don't understand why you are labouring the point. The actual variation in the hourly rate is of little difference and it won't make any difference when the decision is made on your visa. I appreciate the point that in theory your annual salary should be higher if you take only the last three months earnings and that hourly rate. However, that is not done. You would have to wait another three months to use this new hourly rate as the basis for your annual salary. However, to get your annual salary, the Home Office will merely double what you earned over the last six months. So, the difference in hourly rate is neither here nor there.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10262
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Brilliant. Thank youCustomer
You got my point of difference in the annual salary because of the increased hourly rate over the last 3 months. However, if my employer clarifies this in the employment letter; can I apply with these 6 payslips.
Sorry, for labouring that point. Can you, please answer this. Thank you
Expert:  Buachaill replied 3 months ago.

12. I don't know what you mean by "can I apply with these 6 payslips". What 6 payslips???? The bot***** *****ne is that you have to use six months payments. They are not limited to three months payments or any change in hourly rate.

Customer: replied 3 months ago.
ThanksCustomer So, i have to apply with 6-month payslips, regardless of the fact that these state variation/increment in my hourly rate. My employer can mention on the employment letter that I have been paid that level of eastimated gross monthly salary for the last 3 months, based on the new increased hourly rate(as my hourly rate went up 3 months ago).However, the Home Office will reflect back to my payslips for calculations.Thank you so much for you patience.
Expert:  Buachaill replied 3 months ago.

13. You are welcome. Best wishes with your application. I hope you meet with success.

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