Salary Calculations- Can someone check this for me?

Or maybe not...

I just found this on the Uk.gov website.

https://www.gov.uk/minimum-wage-different-types-work/paid-an-annual-salary

This sounds more like how he gets paid.

So then, if he is salaried, we definitely can't use any of the overtime and bonuses because the employment letter doesn't state he is entitled to work overtime and earn bonuses?

The key here is the 'annual salary in equal weekly or monthly amounts' - are his payslips equal every month? Does he have a set monthly payslip? Salaried employees do not have a specified hourly wage - they are paid by the year or month only.

For example, I am a salaried employee. When I joined the company my annual salary was £18,000 per year and I was paid for 37 hours per week. My base income on my payslip was £1,500 before tax every single month, regardless of the number of hours I actually worked each week (I work shifts so my hours change all the time, but I still get paid for 37 hours per week).

On top of that monthly £1,500, I may have received expenses and weekend hours, but they were not part of my base salary of £18,000 (£1,500 per month), they were extra. I never got paid less than the minimum of £1,500.

If your husband is salaried, he will receive a fixed monthly or weekly amount, with the overtime on top. The monthly amount he should receive, based on a salary of £16,120, is:
£16,120 / 12 = £1343.33

If this is not what he receives and he is paid for the number of hours worked (which may differ each week/month), he is not salaried.

For the visa, the definitions of non-salaried and salaried employments are:

5.1.3.
Non-salaried employment includes that paid at an hourly or other rate (and the number
and/or pattern of hours required to be worked may vary) or paid an amount which varies
according to the work undertaken. Salaried employment includes that paid at a minimum
fixed rate (usually annual) which is usually subject to a contractual minimum number of
hours to be worked.

Ksand24,

Yes, that is how he gets paid. His monthly base pay is exactly the same each month. Then his bonuses and overtime are paid on top of that.

It is so confusing because they list his hourly rate. You don't see salary pay written like that in the US.

Ksand24,

Yes, that is how he gets paid. His monthly base pay is exactly the same each month. Then his bonuses and overtime are paid on top of that.

It is so confusing because they list his hourly rate. You don't see salary pay written like that in the US.

Okay... in that case, I have no idea how they will calculate his income, as I'm not sure whether he is would be considered salaried or non-salaried.

You said you had savings put aside? How much do you have?

Can you meet the full requirement without using his income at all (£62,500 held in your account in full for at least 6 months)?

That would be much, much easier than using his salary and risking the calculation being based on salaried rather than non-salaried income.

Alternatively, if you don't have the full amount of £62,500, do you have the amount required to make up the difference between £16,120 and £18,600? You would need £22,200 in savings, held in your account in full for at least 6 months.

For your savings to count, they cannot have dipped below the minimum required amount at all during the 6 months.

His last 5 payslips have been paid at his new rate. Each month he earned exactly what you calculated £1343.33.

And I have $37,500 in cash savings, held in a US bank savings account for the past 7 months, solely in my name. So I have enough to also apply under the Cash Savings route.

His last 5 payslips have been paid at his new rate. Each month he earned exactly what you calculated £1343.33.

And I have $37,500 in cash savings, held in a US bank savings account for the past 7 months, solely in my name. So I have enough to also apply under the Cash Savings route.

In that case, I would apply under both Category A and Category D and use your savings to make up the difference between £16,120 and £18,600.