UK Immigration Law
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His payslips will not be changed. We are able to get 1 bank statement showing that the lump sum check was deposited into his account. We have documentation from Human Resources stating the reason for this lump sum check and various contracts and documentation signed by employer and husband regarding the backdated pay.
As his income for the prior months were based on his lower salary, his past wage slips and bank statements will not reflect the new salary. We are only able to obtain the above documentation. Thank you in advance for your help.
Thank you for your prompt reply. I am still a little unclear as to whether my situation makes us eligible to apply for the Spouse visa. I would just like to clarify a couple statements: "If your husband has been paid the required amount for the last 6 months[...]" and "What is important here is that your husband must provide evidence that in the previous 6 months he has earned the required salary".
In your experience, does it greatly matter that the required salary was backdated and paid in 1 check- as opposed to 6 monthly checks? As mentioned earlier, his past wage slips do not reflect the required amount. Thanks again for your time.
This is taken directly from the UKBA Financial Requirement section:
"5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK
5.3.1. This category can be used where the applicant‟s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has
not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at least 6 months but earning a variable income and wish to be considered in this category rather than under Category A".
The plain language seems to indicate that an individual CAN apply under Category B of they have been with their employer for MORE then 6 months BUT has earned a VARIABLE INCOME. All that is required to apply under this section is: 1.) show he is currently earned salary above 18,600, and 2.) that the TOTAL amount of income received by the sponsor in the past 12 months has been 18,600 or more.