The UK Spouse and Partner Visa financial requirement can be met through the employment income of a sponsor with six months or more with the same employer. This income category is known as Category A, and it applies whether the sponsor is working in the UK or returning from abroad along with the applicant. Appendix FM-SE of the Immigration Rules sets the rules for this income, and the sponsor must demonstrate a gross annual income of at least £29,000. This post provides an overview of how Category A employment income is calculated and evidenced for a UK Spouse Visa.
Key overviews
- Category A applies where the sponsor has worked for the same employer for at least six months. The sponsor must still be in that job on the date of application.
- For salaried work, the figure used is the lowest gross annual salary paid across the whole six-month period.
- For non-salaried work, the gross income over the six months is divided by six and multiplied by twelve to give an annual figure.
- Overtime, commission and bonuses are included where already received, averaged over the six months. Future or expected payments are not counted.
- Category A can be combined with non-employment income, pension income and cash savings, but not with Category B.
What is Category A of the spouse visa financial requirement?
Category A is the income category for a person who has been with the same employer for at least six months. That person must still be in the job when the application is made. The financial requirement itself is set out at E-ECP.3.1 of Appendix FM of the Immigration Rules. Appendix FM-SE is the part of the rules setting out how income for a partner application is calculated and evidenced.
Under Category A, two conditions must be met. First, the person relied on must have worked for the same employer for at least six months before the date of application. Second, that person must still be employed by that employer on the date of application.
In most cases the sponsor is the person relied on. An applicant’s own income counts only where the applicant is already in the UK with permission to work. Category A has two forms. One is for a sponsor living in the UK. The other is for a sponsor living abroad and returning to the UK with the applicant.
Employment that does not fit Category A is assessed under Category B, and the employment income guide sets the two categories side by side.
Salaried or non-salaried employment: which applies?
Under Category A, a person may receive salaried or non-salaried income and each is calculated in different ways. The first step is to identify which type of work the sponsor does. Salaried employment is paid at a fixed rate, usually a set annual salary, with a contractual minimum number of hours. Non-salaried employment is paid at an hourly or other rate where the hours can vary. It also covers work paid an amount that changes with the task done.
Employment can be full-time or part-time. It can be permanent, a fixed-term contract, or through an agency. None of that changes which type applies. The type depends only on whether the pay is a fixed rate or a variable one.
A sponsor on a £30,000 annual contract is in salaried employment. A sponsor paid an hourly rate for shifts that change each week is in non-salaried employment.
How is Category A salaried income calculated?
Paragraph 13(a) of Appendix FM-SE sets the Category A salaried calculation. The Home Office uses the lowest gross annual salary the sponsor was paid during the six months before the date of application. The sponsor must have been paid at or above the salary relied on for the whole of that period. Every figure in the financial requirement is a gross figure, meaning the amount before tax.
A sponsor paid the same salary throughout the period is assessed on that salary. A sponsor paid £30,000 for the full six months meets the requirement on salary alone, and the Home Office uses £30,000 as the figure.
Basic pay is included in full. Contractual skills-based allowances and UK location-based allowances are also included, as long as they are contractual. Where those allowances make up more than 30% of the total salary, only the amount up to 30% is counted. This treatment is set out at paragraph 18 of Appendix FM-SE.
How is Category A non-salaried income calculated?
The Home Office annualises non-salaried income as an average of the gross pay received in the six months before the date of application. This is set out at paragraphs 13 and 18(d) of Appendix FM-SE. The employment must have been held for the whole of that six-month period. The calculation is:
(total gross income from the employment over the six months, divided by 6) multiplied by 12.
One sponsor paid weekly earned £600 in 25 weeks and £200 during one week of unpaid leave. The six-month total is £15,200. Divided by 6 and multiplied by 12, that gives an annual figure of £30,400. A single low-earning week pulls the average down, because every week in the period is included.
A sponsor who has not held the job for the full six months cannot use Category A. The application is then assessed under Category B instead.
What happens if the sponsor received a pay rise during the six months?
The Home Office uses the lowest gross annual salary the sponsor received during the six months. A recent pay rise does not lift that figure. The sponsor must have been paid at or above the level relied on for the whole period.
One sponsor was paid £28,000 for the first three months and, after a pay rise, £31,000 for the final three months. That sponsor is assessed on £28,000. The £28,000 figure is below £29,000, so Category A is not met on salary alone. A pay cut during the period works the same way, capping the figure at the lower amount.
A sponsor who needs the higher salary to meet the requirement has two options. The first is to wait until six full months have been paid at the higher rate, then apply under Category A. The application can instead be made under Category B, set out in the Category B guide. Category B uses the annual salary at the date of application together with the total earned from the same employer over the previous 12 months. Whytecroft Ford’s immigration team can advise on the timing of an application where a pay rise is recent.
Do overtime, commission and bonuses count under Category A?
Overtime, commission and bonuses are included where the sponsor received them during the six months before the date of application. Each is averaged over the six months and annualised, then added to the base salary. The calculation is the same as for non-salaried income: (total received over the six months, divided by 6) multiplied by 12.
This covers overtime, payments for travel time, commission-based pay, and bonuses. It also covers tips and gratuities paid through a tronc scheme registered with HMRC. One sponsor on a £15,000 salary received commission of £500, £1,000, £400, £200, £250 and £800 across the six months. The total commission is £3,150. Divided by 6 and multiplied by 12, that adds £6,300, giving a gross annual figure of £21,300.
Future or expected overtime, commission and bonuses are not counted, even where a contract sets them out. Payments for travel, relocation, subsistence, accommodation or the cost of living overseas are also excluded. These rules are at paragraph 18 of Appendix FM-SE. Whytecroft Ford’s immigration team can identify which elements of variable pay can be included.
What if the sponsor was on maternity, paternity or sick leave during the six months?
A sponsor who was on maternity, paternity, adoption or sick leave during the six months is assessed on the period before the leave began. The Home Office measures both the length of employment and the income to the date the leave started, not the date of application. This is set out at paragraphs 5, 6 and 16 of Appendix FM-SE.
The sponsor still needs to have held the job for at least six months, counted to the date the leave commenced. Statutory or contractual maternity, paternity, adoption and sick pay can be counted as income. The employer letter must confirm the entitlement to the leave and its start and end dates. Payslips must cover the six months before the leave began.
Category A where an overseas sponsor is returning to the UK
An overseas sponsor returning to the UK with the applicant must meet two separate requirements. The first is the overseas job. The sponsor must have been employed by the same employer for at least six months before the date of application. That sponsor must have been paid throughout the period at or above the level relied on. Salaried income is the lowest gross annual salary in the period. Non-salaried income is the annualised six-month average, calculated as it is for a sponsor in the UK.
The second requirement is a confirmed job offer in the UK. The sponsor must have a written offer of salaried or non-salaried employment in the UK. It must start within three months of the return. The gross annual starting salary must be enough to meet the financial requirement. It can stand alone or be combined with non-employment income, cash savings or pension income. Future overtime, commission and bonuses from the UK job are not counted. Where the UK job is non-salaried, on-target earnings can be included if the employer letter or the signed contract sets them out.
Both requirements must be met. A sponsor who was unemployed abroad, or not earning at the required level for six months, cannot use Category A. This holds even with a strong UK job offer. Where the sponsor is self-employed abroad, the first requirement is met through self-employment income, covered in the self-employment and director income guide. Where the sponsor transfers to the UK with the same employer, that one job can satisfy both requirements. The returning sponsors income guide sets out the returning-sponsor position in more detail.
Can Category A income be combined with other sources?
Category A income can be combined with non-employment income, cash savings and pension income. It cannot be combined with Category B.
Where both partners’ incomes are used together, both must be assessed under Category A, or both under Category B.
Cash savings are counted where the amount above £16,000 has been held for at least six months. The savings must be under the couple’s control. At the entry clearance and extension stages, the amount above £16,000 is divided by 2.5 before it is added to income. At the indefinite leave to remain stage, the whole amount above £16,000 is added. The cash savings guide works through the figures.
Non-employment income is the gross amount received in the 12 months before the application. The couple must still own the asset that produced it, such as a rental property or shares. The non-employment income guide covers the qualifying sources. Whytecroft Ford’s immigration team can model a combined application and confirm the total that can be counted.
Pension income is the gross annual income from a UK or overseas state pension, or an occupational or private pension. The pension income guide sets out how it is counted.
What specified evidence is required for Category A?
Appendix FM-SE sets a defined list of documents for Category A. All of the items on it must be provided. For salaried or non-salaried employment in the UK, the sponsor must provide:
- payslips covering the six months before the date of application;
- a letter from the employer confirming the sponsor’s employment and gross annual salary, the length of employment, the period over which the salary relied on has been paid, and the type of employment; and
- personal bank statements covering the same period as the payslips, showing the salary paid into an account in the sponsor’s name, or a joint account with the applicant.
A P60 and a signed contract of employment should usually be provided. The Home Office may ask for them if they are not included. A sponsor who is a director of a UK limited company, or is employed by one in which their family holds shares, may need to demonstrate their income via Category F or G.
For a returning overseas sponsor, the UK employer must confirm the job offer, the gross annual salary and the start date. This is done by an employer letter or a signed contract of employment. The start date must be within three months of the sponsor’s return. Overseas employment is evidenced with the reasonable equivalent of the UK document list.
Any document covering a period that ends on the date of application must be dated no earlier than 28 days before the application is made. Payslips must be originals, or copies with a letter from the employer on headed paper, signed by a senior official, confirming they are authentic.
Frequently asked questions
How many payslips are needed for Category A?
Six. The payslips must cover the six months before the date of application. Each must be an original, or be confirmed as authentic in the employer’s letter.
Is Category A income assessed before or after tax?
Before tax. Every figure is assessed at its gross, pre-tax value. Where the gross amount of an income cannot be properly evidenced, the Home Office uses the net amount instead, even towards a gross requirement.
Can a sponsor use Category A after changing jobs in the last six months?
No. Category A needs at least six months with the current employer. A sponsor with shorter job duration is assessed under Category B, which has no minimum period for the current job.
Does an annual bonus count under Category A?
Only if it was paid within the six months before the date of application. It is then averaged over the six months and annualised. A bonus that is expected but has not been paid does not count.
Can both partners’ salaries be added together under Category A?
Yes, where both are in Category A employment and the applicant is in the UK with permission to work. The two incomes cannot be split across Category A and Category B.
What is the 28-day rule for Category A documents?
Any document covering a period that ends on the date of application must be dated no earlier than 28 days before the application is made. This applies to payslips, the employer letter and the bank statements.
How Whytecroft Ford can help
The financial requirement is strict, and Category A leaves little room for error. Income is counted using a fixed method. A figure that does not match the payslips and the employer letter can undermine the application. Every document has to fall inside the 28-day window. A small gap in the evidence can lead to a refusal and a lost fee.
Whytecroft Ford’s IAA-regulated immigration team prepares Category A spouse visa applications every week. The team runs the calculation, checks the employer letter and bank statements against the payslips, and confirms the timing before submission. For a sponsor returning from abroad, the team advises on both the overseas income and the UK job offer.
To discuss a spouse visa financial requirement with our team, call 0208 757 5751 or use the contact form.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. UK Immigration Rules are subject to change. Please do contact the Whytecroft Ford team if you require further advice.
