Pay slips question

1. We were going to apply mid-March after I receive my February pay slip as that'll be six pay slips (September 2019 to February 2020). I just read it has to be exactly six months to the day or something?

I got paid September 30 2019, does this mean we have to wait until March 30 2020? Or can we do it mid-March 2020 after I receive my February pay slip on the 28th Feb 2020 as I'll still have the six pay slips from Sep 19 to Feb 20.

2. I am on an annual salary of 14,000 per year working 20 hours a week part-time. From Sep 2019 to present, I have been doing overtime in work to meet the financial requirement and each pay slip for the past six months has been at least 1,550. Do I still meet the financial requirement? I'm confused because although I am salaried, over time is paid based on how many hours of overtime I've worked that week, so each pay slips varies. E.g my highest pay slip is 2400 and my lowest is 1620.

We were going to apply under Category A salaried employment. Is this right?

Thanks.

1. We were going to apply mid-March after I receive my February pay slip as that'll be six pay slips (September 2019 to February 2020). I just read it has to be exactly six months to the day or something?

I got paid September 30 2019, does this mean we have to wait until March 30 2020? Or can we do it mid-March 2020 after I receive my February pay slip on the 28th Feb 2020 as I'll still have the six pay slips from Sep 19 to Feb 20.

Yes, that’s correct, it has to be a full 6 months, covered by the dates on the payslips. If you are even 1 day short of 6 months, the visa can be refused.

It’s not about 6 payslips, it’s about 6 MONTHS of payslips... so if you were paid weekly that would mean sending something like 25 or 26 payslips.

So, if your first payslip is dated 30th September, then your 6 months are:
September 30th to March 31st... which means that your first payslip must explicitly cover the date of September 30th and your final payslip must explicitly cover the date of March 31st.

Your bank statements must show the deposit of every single payslip.

This will likely mean sending the following payslips:
1. Sept 30
2. Oct 31
3. Nov 30
4. Dec 31
5. Jan 31
6. Feb 29
7. Mar 31

And the following bank statements:
1. Sep 1-30 (assuming they start and end on the first and last of the month)
2. Oct 1-31
3. Nov 1-30
4. Dec 1-30
5. Jan 1-31
6. Feb 1-29
7. Mar 1-31

So the earliest you will be able to apply is sometime in April.

2. I am on an annual salary of 14,000 per year working 20 hours a week part-time. From Sep 2019 to present, I have been doing overtime in work to meet the financial requirement and each pay slip for the past six months has been at least 1,550. Do I still meet the financial requirement? I'm confused because although I am salaried, over time is paid based on how many hours of overtime I've worked that week, so each pay slips varies. E.g my highest pay slip is 2400 and my lowest is 1620.

They will take the lowest payslip from the 6 months and multiply it by 12 to get your total annual salary. So, they will use:
£1620 x 12 = £19,440

HOWEVER, overtime can only count towards PREVIOUS income and cannot count towards your future income, which must be at least £18,600 each year.

So unless your employer can guarantee in writing that you will earn at least £383.33 in overtime every single month in the future (making each payslip at least £1550), only your salary of £14,000 can be considered for the visa.

Which means that unless you can prove you will earn at least £18,600 between March 2020 and March 2021, and between March 2021 and March 2022, and so on, you will not qualify for the visa.

We were going to apply under Category A salaried employment. Is this right?

Yes, as long as you have been with the company for at least 6 months, earning at least £1550 per month for each of those 6 months AND you can prove a future annual salary of at least £18,600 every year.

For Category B you would need to prove:
- you have earned at least £18,600 in total before tax in the last 12 months (I.e you add up every payslip from the last 12 months and it must come to at least £18,600 before tax)
AND
- your current job pays a guaranteed annual salary of at least £18,600 per year and you can prove it will continue to pay at least £18,600 per year every year.


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They will take the lowest payslip from the 6 months and multiply it by 12 to get your total annual salary. So, they will use:
£1620 x 12 = £19,440

HOWEVER, overtime can only count towards PREVIOUS income and cannot count towards your future income, which must be at least £18,600 each year.

So unless your employer can guarantee in writing that you will earn at least £383.33 in overtime every single month in the future (making each payslip at least £1550), only your salary of £14,000 can be considered for the visa.

Which means that unless you can prove you will earn at least £18,600 between March 2020 and March 2021, and between March 2021 and March 2022, and so on, you will not qualify for the visa.

How come overtime needs to be counted for the future too? Would it be sufficient if I get a letter confirming overtime is not likely to be stopped anytime in the future? (although they likely can't give a time frame as that's too vague)

I just thought it was 6 months of payslips to meet the requirement and as long as I'm still employed at time of application it should be good.

Everywhere I am reading just says you can use overtime to meet the requirement but none of it mentions having specifically to need overtime to continue on in the future otherwise the visa will be refused.

How come overtime needs to be counted for the future too? Would it be sufficient if I get a letter confirming overtime is not likely to be stopped anytime in the future? (although they likely can't give a time frame as that's too vague)

I just thought it was 6 months of payslips to meet the requirement and as long as I'm still employed at time of application it should be good.

Everywhere I am reading just says you can use overtime to meet the requirement but none of it mentions having specifically to need overtime to continue on in the future otherwise the visa will be refused.

They need assurance that your income is going to remain above the threshold in the future.  The point of the past payslips and bank statements is to show stable gainful employment.  Home Office also want that level of income to continue after the visa is granted, and if your employer can't guarantee the overtime, HO won't be assured that you'll continue to meet the threshold.

How come overtime needs to be counted for the future too? Would it be sufficient if I get a letter confirming overtime is not likely to be stopped anytime in the future? (although they likely can't give a time frame as that's too vague)

It needs to be counted because you have to prove that you will continue to earn a minimum annual salary of £18,600 per year and that it is GUARANTEED you will earn it.

Your employer has to confirm in their letter that you will earn a minimum of £18,600 every single year while working for them... this means they must be able to guarantee that you will definitely earn AT LEAST £4,600 in overtime each year.

I just thought it was 6 months of payslips to meet the requirement and as long as I'm still employed at time of application it should be good.

Everywhere I am reading just says you can use overtime to meet the requirement but none of it mentions having specifically to need overtime to continue on in the future otherwise the visa will be refused.

The financial requirements are very specific and have to be met exactly. It's not just about the last 6 months of income, but your FUTURE income as well... and both have to be at least £18,600. Because if they can't guarantee that you will continue to earn the minimum requirement for the next 2.5 years, then they can't be sure you can afford to support your spouse without claiming public funds. And they have determined that the minimum income you need in order to be able to support your spouse is £18,600 per year.

See the official guidance from the UKVI website, Appendix FM 1.7.

From page 30:

5.5.7. Overtime, payments to cover travel time (e.g. for a care worker travelling between appointments), 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 relevant period(s)prior to the date of application. 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.

5.5.8. However, any future earnings that a person may earn by way of overtime, payments to cover travel time, commission-based pay or bonuses will not count as income towards the financial requirement . This exclusion also applies where an applicant’s partner seeks to rely on a job offer in the UK that will start within three months of their return. There is one exception to this: in respect of such a job offer in the UK, gross “on-target” earnings which may be expected from satisfactory performance in the standard or core hours of work can be included. This must be evidenced in the letter from the employer or signed contract of employment which must be submitted.

It's a requirement that your employer provides a letter stating ALL of the following:

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application;
and
(iv) the type of employment (permanent, fixed-term contract or agency).

And the gross annual salary they state must be at least £18,600, either by way of a contracted salary of at least that amount, or a guarantee that the contracted salary plus overtime will always equal £18,600 or more.

Deleted.

Basically I earn 14k per year. Overtime past 6 months has let me earn at least 1,550. I plan for this to be my employer's letter.

--

To the Entry Clearance Officer,

X is employed by XX as a XXX as permanent staff. His gross annual salary is 11200 as well as receiving a night premium of 2800 per year, making his gross annual salary 14000 . He has been employed since May 2019. He has received a total income of 9,600 from September 2019 to February 2020 due to overtime, which is reflected on his payslips. This overtime is expected to continue at the same rate of pay.

Please contact myself on XXX if you require any further information.

Kind regards,
XX

--

Would this suffice? In place of '9600' I will add up the amount of gross pay from my Sep 19 to Feb 20 payslips.  Instead of saying total income for past 6 months has been 9600, would it be better if the letter says something like..

"He has received from overtime between September 2019 to February 2020 an average amount of 680.53" (that way the ECO can do 680.53*12 and add that on top of my base pay of 1166 per month. Also how do they know what my base pay is per month? Should I also throw that in the letter too, or will they just do 14000/12? I'm guessing they'll do 14000/12!

Does this address the four points needed, as well as the confirmation that overtime will continue in the future? This has been a very difficult process with HR so hopefully I can just give them this template.

In addition, this point here..

iii) the period over which they have been or were paid the level of salary relied upon in the application;

Does this mean the employer's letter needs to state I've been earning 14k since May 2019 (which might confuse them due to the 6 payslips showing 1550 or more), or was I right the first time by having them include in the employer's letter "He has received a total income of 9,600 from September 2019 to February 2020 due to overtime, which is reflected on his payslips"

I'm interpreting (iii) as them basically saying employer's letter needs to confirm how long I've earned 1550 for, right? Which is from Sep 2019 to Feb 20.

Yes, that’s correct, it has to be a full 6 months, covered by the dates on the payslips. If you are even 1 day short of 6 months, the visa can be refused.

It’s not about 6 payslips, it’s about 6 MONTHS of payslips... so if you were paid weekly that would mean sending something like 25 or 26 payslips.

So, if your first payslip is dated 30th September, then your 6 months are:
September 30th to March 31st... which means that your first payslip must explicitly cover the date of September 30th and your final payslip must explicitly cover the date of March 31st.

Your bank statements must show the deposit of every single payslip.

This will likely mean sending the following payslips:
1. Sept 30
2. Oct 31
3. Nov 30
4. Dec 31
5. Jan 31
6. Feb 29
7. Mar 31

And the following bank statements:
1. Sep 1-30 (assuming they start and end on the first and last of the month)
2. Oct 1-31
3. Nov 1-30
4. Dec 1-30
5. Jan 1-31
6. Feb 1-29
7. Mar 1-31

So the earliest you will be able to apply is sometime in April.

They will take the lowest payslip from the 6 months and multiply it by 12 to get your total annual salary. So, they will use:
£1620 x 12 = £19,440

HOWEVER, overtime can only count towards PREVIOUS income and cannot count towards your future income, which must be at least £18,600 each year.

So unless your employer can guarantee in writing that you will earn at least £383.33 in overtime every single month in the future (making each payslip at least £1550), only your salary of £14,000 can be considered for the visa.

Which means that unless you can prove you will earn at least £18,600 between March 2020 and March 2021, and between March 2021 and March 2022, and so on, you will not qualify for the visa.

Yes, as long as you have been with the company for at least 6 months, earning at least £1550 per month for each of those 6 months AND you can prove a future annual salary of at least £18,600 every year.

For Category B you would need to prove:
- you have earned at least £18,600 in total before tax in the last 12 months (I.e you add up every payslip from the last 12 months and it must come to at least £18,600 before tax)
AND
- your current job pays a guaranteed annual salary of at least £18,600 per year and you can prove it will continue to pay at least £18,600 per year every year.


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In regards to this, my payslips are dated 1-31/30.

For September it's dated Sep 1 - Sep 30. Same for each month. In fact they just say "pay period September 1 to September 30" (same for each month). If we apply in mid-March, the six pay slips are:

Sep 1 - 30
Oct 1 - 31
Nov 1 -  30
Dec 1 - 31
Jan 1 - 31
Feb 1 - 29

This is correct that I only need to provide six right? And not seven