The UK Spouse Visa financial requirement can be met by a sponsor in a job for less than six months, or whose pay varies. This income category is referred to as Category B, and it assesses employment income in two parts: current pay, and income over the previous 12 months. Appendix FM-SE of the Immigration Rules sets the rules for both parts, and each must reach a gross annual income of £29,000, or the application may be refused. This post provides an overview of how Category B employment income is calculated and evidenced for a UK Spouse or Partner Visa.
Key overviews
- Category B applies where the sponsor has been with the current employer for less than six months, or has a variable income and prefers Category B to Category A.
- The test has two parts. Part one looks at the current rate of pay. Part two looks at the actual income received in the 12 months before the date of application.
- Part one can be topped up with non-employment income, pension income and cash savings. Part two can use non-employment income and pension income, but not cash savings.
- Category B cannot be combined with Category A. Where both partners’ incomes are used, both must be assessed under the same category.
What is Category B of the spouse visa financial requirement?
Category B is the income category for a sponsor who has not held the current job for six months. It also covers a sponsor whose pay changes from period to period. The spouse visa financial requirement itself is set out at E-ECP.3.1 of Appendix FM. The Category B calculation is set out at paragraph 13(b) of Appendix FM-SE. That Appendix sets out how income for a partner application is calculated and evidenced.
Category B can be used in two situations. The first is where the sponsor has less than six months with the current employer. The second is where the sponsor has six months or more with the same employer but earns a variable income. Category B is then a choice, in place of Category A. The employment income guide sets the two categories side by side.
The person relied on is usually the sponsor. An applicant’s own income counts only where the applicant is already in the UK with permission to work. Category B 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.
How does the two-part Category B test work?
Category B is met only where both parts of the test are satisfied. Paragraph 13(b) and paragraph 15 of Appendix FM-SE set out the two parts. The first part is the sponsor’s gross annual income at the date of application. The second part is the actual gross income the sponsor received from employment in the 12 months before the date of application.
Part one expresses the current rate of pay as an annual figure. There is no minimum period for the current job, provided the specified evidence for it can be produced.
Part two adds up what the sponsor actually earned from employment over the whole of the previous 12 months. This can include income from an earlier job in that period, and salaried income earned overseas. A brand-new salary on its own does not meet Category B. The 12-month total under part two must also reach the required level.
The financial requirement is not met under Category B where part one is satisfied but part two is not.
How is Category B salaried income calculated?
The Home Office calculates Category B salaried income as two separate figures. For part one, it uses the sponsor’s gross annual salary as it stands at the date of application, under paragraph 13(b)(i) of Appendix FM-SE. This is taken from the latest payslip, or from the signed contract of employment where the payslip does not show it. Every figure in the financial requirement is a gross figure, meaning the amount before tax.
For part two, the Home Office adds up the actual gross salary the sponsor received in the 12 months before the date of application. This 12-month figure is assessed under paragraph 15(b)(i). Earnings from a previous employer in that period are included.
One sponsor started a new job four months ago on a gross annual salary of £31,000, which satisfies part one. In the 12 months before the application, the sponsor earned £20,000 in a previous job and £10,000 in the new one. The 12-month total is £30,000, so part two is also satisfied and the requirement is met.
How is Category B non-salaried or variable income calculated?
The Home Office annualises non-salaried Category B income from the sponsor’s average gross monthly pay in the current job. This is set out at paragraph 18(f) of Appendix FM-SE. For part one, the calculation is:
(total gross income from the job over the period it has been held, divided by the number of months) multiplied by 12.
Weekly pay is divided by the number of weeks and multiplied by 52. Daily pay is divided by the number of days and multiplied by 365. A job held for one month or less is treated differently for part one. The calculation then uses the gross pay received in the period immediately before the application, under paragraph 18(f)(aa).
For part two, the Home Office adds up the actual gross income the sponsor received from non-salaried work in the previous 12 months.
One sponsor works on short contracts through an agency and has gaps between them. Over the most recent six months the gross earnings were £2,500, £0, £3,000, £4,200, £0 and £5,000, a total of £14,700. Divided by 6 and multiplied by 12, that gives an annual figure of £29,400 for part one. The sponsor earned £30,000 in total over the 12 months, which satisfies part two.
Can a sponsor use Category B after just starting a job?
A sponsor who has just started a job can rely on part one straight away. Category B sets no minimum period for the current job, so the new gross annual salary is the part one figure.
Part two still applies. The sponsor must also have received a total income at the required level from employment over the 12 months before the date of application.
One sponsor started a job three weeks ago on a gross annual salary of £30,000. That satisfies part one. The sponsor spent the earlier part of the year travelling and had no other employment, so the 12-month total is close to nil. Part two is not met, and the requirement cannot be met under Category B. The couple may then need to wait for the income history to build, or look at cash savings held over six months.
Should a sponsor with a variable income use Category B or Category A?
A sponsor with the same employer for six months or more, but whose pay varies, can choose Category B rather than Category A. The decision can change the figure that counts.
Category A takes the lowest gross annual salary paid across the whole six-month period. Where a sponsor’s pay has recently risen, or varies month to month, that lowest figure can sit below the current rate.
Category B part one uses the current rate at the date of application, and part two uses the actual total over 12 months. For a sponsor whose income has grown during the year, both Category B figures can beat the single Category A figure.
Category B where an overseas sponsor is returning to the UK
An overseas sponsor returning to the UK does not need to be employed at the date of application to use Category B. The two-part test still applies in a modified form. It is set out at paragraph 13(d) of Appendix FM-SE, with the 12-month limb at paragraph 15(b). A sponsor who is still in the overseas job at the date of application uses the similar basis at paragraph 13(c).
Part one is a confirmed job offer in the UK. The sponsor must have a written offer of salaried or non-salaried employment. It must start within three months of the return. The gross annual starting salary or income must meet the requirement, alone or combined with non-employment income, cash savings or pension income.
Part two is the sponsor’s actual overseas employment income received in the 12 months before the date of application. This must also meet the requirement, on its own or combined with non-employment income and pension income over the same period. It cannot be combined with cash savings.
One sponsor left an overseas job two months ago to prepare for the move and is not working at the date of application. That sponsor received £29,500 from the overseas job in the 12 months before applying, which meets part two. A confirmed UK job offer of £30,000 starts in six weeks, which meets part one.
Self-employment income earned abroad can meet the overseas limb, calculated as set out in the self-employment and director income guide.
The returning sponsors income guide sets out the returning-sponsor position in more detail.
Can Category B income be combined with other sources?
The two parts of Category B combine with other sources in different ways. Part one, the current income, can be combined with non-employment income, cash savings and pension income.
Part two, the 12-month actual income, can be combined with non-employment income and pension income over the same period. Cash savings cannot be added to part two, under paragraph 15(b)(iv) of Appendix FM-SE.
Category B cannot be combined with Category A. Where both partners’ incomes are used together, both must be assessed under Category B, or both under Category A. A mix of the two is not allowed, under paragraph 13(k) of Appendix FM-SE.
Cash savings are included where the amount above £16,000 has been held for at least six months and is under the couple’s control. At the entry clearance and extension stages, the amount above £16,000 is divided by 2.5, then added to part one. 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, provided the couple still owns the asset that produced it. The non-employment income guide covers the qualifying sources. Pension income is the gross annual income from a UK or overseas state pension, or an occupational or private pension, covered in the pension income guide.
What specified evidence is required for Category B?
Appendix FM-SE sets a fixed list of documents for Category B, and all of it must be provided. For salaried or non-salaried employment in the UK, the sponsor must provide:
- payslips covering any period of salaried employment in the 12 months before the date of application, including the current job and any earlier job relied on for part two;
- a letter from each employer confirming the sponsor’s employment and gross annual salary, the length of the employment, the period over which the salary relied on was paid, and the type of employment; and
- personal bank statements covering the same periods as the payslips, showing the salary paid into an account in the sponsor’s name, or a joint account with the applicant.
The specified evidence for salaried employment is listed at paragraph 2 of Appendix FM-SE. Where the latest payslip does not show the current annual rate, a signed contract of employment is provided for part one. Non-employment income and pension income counted towards either part are evidenced separately, under their own rules.
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, with a start date within three months of the 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 long does a sponsor need to have been in the job for Category B?
There is no minimum period for the current job. Category B has no six-month rule for the current employer. What it does require is a full 12 months of income at the required level, counting earlier jobs in that period.
What is the difference between part one and part two of Category B?
Part one is the current rate of pay, expressed as an annual figure. Part two is the actual gross income received from employment over the 12 months before the date of application. Both must reach the level of the financial requirement.
Can cash savings be used to meet Category B?
Only for part one. Savings above £16,000 held for six months can top up the current income figure. Part two, the 12-month actual income, cannot be met with cash savings.
Can a sponsor on a zero-hours contract use Category B?
Yes. Zero-hours and other variable pay is treated as non-salaried income and annualised from the average monthly figure over the period worked.
Can Category A and Category B be used together?
No. An application relies on one category or the other. Where both partners’ incomes are counted, both must sit in the same category.
How many payslips are needed for Category B?
Up to 12 months of payslips. These cover the current job and any earlier job relied on for part two.
How Whytecroft Ford can help
Category B is more demanding than Category A because it applies two separate income tests. A sponsor can hold a well-paid job today and still fall short on the 12-month history, and cash savings cannot fill that particular gap.
Whytecroft Ford’s IAA-regulated immigration team prepares Category B spouse visa applications every week. That includes sponsors who are new in a role, on variable or contract pay, or returning to the UK from abroad. The team is experienced, approachable and used to working with sponsors whose income does not fit the standard six-month pattern.
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.
