Flr denied... going to tribunal. Please help me!

Basically I came over on an approved fiancé visa in may and got married in October. We applied for a flr spouse visa, and were denied in December.

We have a tribunal hearing next month and I was hoping for some insight.

My husband is a non salaried worker he is payed overtime and bonuses. Which his 6 months worth of pay stubs show. I applied under category A. Was that the reason we were denied? Because category A means salaried employment? I really hope my logic is right!

Also please tell me we did meet the financial requirements, total pay for 6 months were, 1275.00, 1390.38, 1365.38,1492.31,2415.38,1476.92. Non taxable pay is included correct?

I am just praying all this is was a human error on my part and we did make the requirements. I am having extremely bad anxiety over this and am losing sleep over it.

I just want onto another visa board and the mod there told me he is both salaried and non salaried and I calculated the paslips all wrong. I just want to cry 😭

Anyone?

What was his base pay per month?



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I'm sorry, but I just don't know enough about this situation to give guidance. I can only say the general things I do know:

For an appeal, no new evidence will be considered. So if you did indeed submit the wrong payslips, the rejection will be upheld.

This is reallllly old so probably completely unhelpful, but it's one similar post: https://www.whatdotheyknow.com/request/spouse_visa_hourly_wage_category

This is also 3 years old so not much help at all:

https://www.immigrationboards.com/immigration-for-family-members/do-i-need-6-months-wage-slips-or-12-months-spouse-visa-t160884.html



Here's "from the horse's mouth": https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

"Gross income from non-salaried employment will
be counted on the same basis as
income from salaried employment
where the person has been with the same employer
for 6 months or more at the date of application."

and here:

"Where the person is in
non
-
salaried employment
–
the level of gross annual
employment income relied upon in the application will be the annual equivalent
of the
person’s average gross monthly income from non
-
salaried employment in the 6 months
prior to the date of application (where that employment was held throughout that period). "

So...I'm not sure as I don't do math, but unless your calculations were wrong...I think you did the right category?

Also look at this, from the same link as above:

Example (c)
The applic
ant’s partner is in non
-
salaried employment in the UK. He works on a weekly rota
basis and does not receive any paid holidays. He has earned £450 each week in the same
job for the last 7 calendar months, except for the week prior to the date of application
when
he earned £150 owing to a holiday.
Non
-
salaried income = (gross earnings from employment held throughout the 6 month
period, divided by 6) x 12         
= ((25 weeks x 450 + 1 week x 150) ÷ 6) x 12
= (
11,400 ÷ 6) x 12
=
£22,800
So the financial
requirement is met through Category A non
-
salaried employment



But..what was the reason cited in your rejection letter?

Category A is for both salaried and non-salaried employment... the only difference is how they calculate the income. However, if his income varies each month, you can use Category B instead, if you want to.

For non-salaried, they should add up the amounts he was paid over the 6 months, divide by 6 and multiply by 12 to get the total annual income for the visa.

From your figures, the total earned was £9,415.37. Dividing by 6 and multiplying by 12 gives £18,830.74 which meets the requirement using non-salaried income.

However, I seem to remember from your refusal letter that they said you didn't meet it because the lowest payslip was £1,275.

But this is the salaried income calculation, not the non-salaried... so if they used this amount, they would have got your income as:
12 x £1,275 = £15,300.

However, is he definitely non-salaried? As in, he is paid by the hour and does not have a fixed annual salary?

If he is, but they used the £1,275 payslip, UKVI were in the wrong with their calculation.

You need to separate out the salary pay from the overtime pay.

So, base pay x12= yearly salary If the payslip has fluctuated at all over the last 6 months,  you need to use the lowest monthly pay x12.

Next, add up all the overtime for the last 6 months.  Divide by 6, multiply by 12. Then add that number to the yearly salary.  This number is your total yearly salary.

You need to separate out the salary pay from the overtime pay.

So, base pay x12= yearly salary If the patient has fluctuated at all over the last 6 months,  you need to use the lowest monthly pay x12.

This is incorrect advice for the OP's situation.

That calculation only applies to salaried employment income and the OP is using non-salaried employment.

If he is in fact non-salaried, the calculation you've given is incorrect and instead they should add up the total pay from the entire 6 months (including overtime), divide by 6 and multiply by 12.

Follow ksand, she's got you covered.  You've got this!

Category A is for both salaried and non-salaried employment... the only difference is how they calculate the income. However, if his income varies each month, you can use Category B instead, if you want to.

For non-salaried, they should add up the amounts he was paid over the 6 months, divide by 6 and multiply by 12 to get the total annual income for the visa.

From your figures, the total earned was £9,415.37. Dividing by 6 and multiplying by 12 gives £18,830.74 which meets the requirement using non-salaried income.

However, I seem to remember from your refusal letter that they said you didn't meet it because the lowest payslip was £1,275.

But this is the salaried income calculation, not the non-salaried... so if they used this amount, they would have got your income as:
12 x £1,275 = £15,300.

However, is he definitely non-salaried? As in, he is paid by the hour and does not have a fixed annual salary?

If he is, but they used the £1,275 payslip, UKVI were in the wrong with their calculation.

Glad you're still up, ksand!! Hope that the result is good this time.

Yes, that is true. However, I see a lot of confusion over what is and isn't salaried in the UK. Americans use our definition of salary and it isn't the same in the UK.

So she needs to be absolutely sure he is non salary based on the UK.gov definition.

This is incorrect advice for the OP's situation.

That calculation only applies to salaried employment income and the OP is using non-salaried employment.

If he is in fact non-salaried, the calculation you've given is incorrect and instead they should add up the total pay from the entire 6 months (including overtime), divide by 6 and multiply by 12.

Yes he is non salaried, we passed he fiancé visa just last year and his lowest paystub then was around 1100.

I'm having struggles with this bc his paystub says taxable pay 1250 then under that it says total pay 1275

Please help! I'm so sad and confused.. they take taxable pay don't they

He earned an additional 25 in non taxable pay

Yes, that is true. However, I see a lot of confusion over what is and isn't salaried in the UK. Americans use our definition of salary and it isn't the same in the UK.

So she needs to be absolutely sure he is non salary based on the UK.gov definition.

Does his employment letter say he is a salaried employee?

Yes at the time we were running late and the employer only said how much he makes a year.

We now got a updated one stating he's non salaried

Yes at the time we were running late and the employer only said how much he makes a year.

We now got a updated one stating he's non salaried

So your original letter said he was a salaried employee for £ a year?