Appendix FM Visa Financial Requirement – Salaried Employment – Category A

In our recent blog, we gave you an introduction to the Spouse, Unmarried Partner, and Fiancé visa including how the financial requirement can be met via relying on cash savings.

In our previous blog, we discussed key issues, such as how much cash savings you need, what counts as cash savings, and requirements for cash savings deriving from assets disposed within 6 months of the date of application.

In this blog, we will provide you with an introduction to Category A Income. More specifically, we will address the scenario where you and your partner have a job in the UK and that job has been held down by you or your partner with the same employer for at least 6 months. The Rules are different if you or your partner work overseas and are now returning to the UK. We will address the latter scenario in our next blog, including how the rules will be further complicated by the advent of the remote working revolution.

1) How much do I have to earn?

In our first blog introducing the financial requirement, we explained that you must show that you or your partner earn specified annual income of at least £18,600. Note that the required income will be more if any dependant children will be included with the application.

When relying on Category A Income, your gross annual income (i.e. before tax is applied) will be considered.

2) What type of job do I need to have?

If you are relying on Category A income, you must have been employed with the same employer in the UK (or overseas – different rules apply) for at least 6 months. You must be 18 or over and lawfully working at your job. The way the income is derived in this case must also be lawful.

The job in this case must not be prospective (different rules apply for those returning overseas with offers of employment in the UK). Depending on how you are remunerated for your job, the way you must meet the above threshold will differ (discussed below).

3) What is salaried employment?

If you work in a job which has a fixed salary and your contract stipulates a minimum number of hours which you must work, then you will likely fall within the salaried employment category.

If you fall within the category of salaried employment, you meet what might be referred to as the “lowest payslip test”. This means that in the 6-month period of employment before the date of application, the lowest figure for your salary is the figure that can be relied on. If your salary fluctuated for whatever reason, e.g. you received a pay increase or pay cut), this may affect you in being able to meet the financial requirements, as only the lowest figure (i.e. multiplied by 12 if paid monthly) will be taken into account.

4) What is non-salaried employment?

If you work at a job that is paid hourly and/or the number or pattern of hours you work vary (e.g. zero-hour contracts), or where your compensation varies according to work undertaken, then your job will be considered non-salaried employment.

If you fall within this category, you must meet the “average gross monthly income test”. This would mean you must rely on the average of your last 6 months of pay to meet the threshold. In cases where your pay fluctuates, this test may actually be more beneficial compared to the test for salaried employment.

This raises an interesting question with regards to the line dividing salaried employment and non-salaried employment. Some jobs may involve a more complex remuneration structure and be in practice a hybrid of the two. In those cases, we would encourage you to obtain legal advice as to the best way to proceed.

5) What type of evidence do I need to provide?

For Category A (excluding those returning from overseas), you would usually need to provide evidence such as:

• Payslips for the last 6 months;
• Letter from your employer confirming your employment, gross annual salary, length of employment, period over which you were paid the level relied on for the application, and type of employment (permanent, fixed contract, or agency);
• Personal Bank Statements confirming receipt of your full salary, which is in your name, your partner’s name or is jointly.

Where there are complexities to your application, for example if you were on maternity leave, sick leave, adoption leave, etc. you may be required to provide further evidence.

The evidential requirements will be problematic for those who are paid in cash or in kind (e.g. share options, crypto-currency, etc.). In those cases, again, we would encourage you to obtain legal advice on how best to proceed.

6) Can I combine my Category A income with any other forms of income?

If your/your partner’s Category A income is not sufficient, you may be able to combine this income with you/your partner’s non-employment income, cash savings, or pension income.

How Gherson can assist

Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2022

View all news & Insights