FLR M - Financial Requirement - Four weekly pay

Dear All,

I am switching my Mrs spouse visa from 10 year route to 5 years.
Bit confused with financial requirement as to what category I would go for.

I have been working at the same job for years - I work on the shift pattern of 4 on and 4 off and get paid four weekly (paid hourly rate) - so I do 156 hours in one pay period of four weeks and 180 hours in the other (plus any overtime and holiday entitlement etc) and this rotates in the same way until end of the year I get 13 payslips.
Now I am not sure how can I use the payslips?

If I am using the last 6 payslips - they would cover 24weeks not 26!?
and If I am using 7 payslips - they would cover 28weeks not 26!? not sure what to do 

Can I use my holiday pay as the part of my salary - I had 12 days booked in February and got paid for it - Also I get paid double on public holidays - wonder if that can be used in the salary.

Another question I have is if I am not sending my original passport with her application - do I have to send copies of all the pages of my passport including any blank pages?

I am looking forward to hear from you guys.

Cheers

You need to send 7 payslips, as you MUST cover 6 months.  It's okay that it's slightly over. 

How are you switching from the 10 year path to the 5 year path though...  is she currently on a different type of visa?

Yes, your holiday pay will be used in the calculation.  The double time should be used as well. 

Yes, you must send a copy of each and every page of your passport with the application. 

Thank you for the quick reply KFdancer

What category should I use A or B?

Just need little more clarification with letter from the employer - would they need to calculate the gross income from 7 payslips or If I specifically ask them to calculate the gross income for the exact period of 26 weeks that I am claiming for 20/092016 - 19/03/2017
 
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and

Her current leave to remain was granted on the basis of partner on 10-year route after her appeal was allowed by the judge in the tribunal. Now that her visa is due to expire end of the next month I am applying for her leave to remain on 5 year route.

The amount you are relying on is your ANNUAL salary, so you want your employment letter to state your total annual salary - not your salary for six months.   

For example, "Bob has been a permanent employee of xx company since June 1, 2015.  His current salary is £25,000 base per annum (plus overtime and shift differentials) as of January 1, 2017.  Prior to this, he was earning £24,000 base per annum."  Something like that.

Are you salaried or non-salaried?

You'll use Category A, as you've been with the same employer for longer than 6 months.  Category B is if you've changed employers.

Honestly, I don't think she can switch back to the 5 year path after having been placed on the 10 year path.  But she needs to do her renewal regardless, so you'll still want to provide all the documentation.  Ksand or Sirius, do you know if you can switch back?

Honestly, I don't think she can switch back to the 5 year path after having been placed on the 10 year path.  But she needs to do her renewal regardless, so you'll still want to provide all the documentation.  Ksand or Sirius, do you know if you can switch back?

Yes, you can switch back, if you can meet the requirements. However, your time to ILR will reset and none of the time on the 10-year path will count... you start from scratch on the 5-year qualification period.

From the 10-year route policy guidance:

An applicant under the 10-year partner, parent or private life routes may be able to qualify for settlement (Indefinite Leave to Remain) after they have completed a continuous period of 120 months with leave under that route. They may, however, be able to qualify for settlement more quickly if they subsequently make a valid application for, and qualify for, the 5-year partner or 5-year parent route under Appendix FM. Their previous leave under the 10-year partner, parent or private life route would not count towards the continuous period of 60 months with leave under that 5-year route required before the applicant may be able to qualify for settlement under that route.

(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452912/Family_Life__as_a_Partner_or_Parent__and_Private_Life_-_10-year_routes_guidance_August_2015.pdf)

Thank you for the rapid responses.

I am on non-salaried employment I believe as I get paid at an hourly rate.

My Mrs will be able to complete her 10 year legal stay in the UK sometime in 2021 so we would be able to apply for her ILR then.

Yes, you can switch back, if you can meet the requirements. However, your time to ILR will reset and none of the time on the 10-year path will count... you start from scratch on the 5-year qualification period.

From the 10-year route policy guidance:
(https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452912/Family_Life__as_a_Partner_or_Parent__and_Private_Life_-_10-year_routes_guidance_August_2015.pdf)

Awesome!