The financial requirement in Appendix FM applies to family members of British citizens or settled persons applying for a Partner visa to enter or remain in the UK. Under this requirement, the applicant and their sponsor must meet a minimum income threshold to demonstrate their ability to support themselves without recourse to public funds.
Category B deals specifically with applicants relying on variable employment income to meet the minimum financial threshold for visa applications. In this post, we discuss the requirements, documentation, and key points to consider if you intend to rely on Category B income, which applies to salaried and non-salaried employment.
If you have been with your current employer for more than 6 months, you may apply under Category A.
Following the changes to the minimum income requirement (MIR) on 11 April 2024, different income thresholds now apply depending on the date the application is submitted. For new applicants applying after the rule changes, they will need to demonstrate an annual income of £29,000, with or without dependant children.
What is Category B Income?
Category B income applies when an applicant’s employment has not been continuous for the six months immediately before the application or when their income varies due to non-salaried work, multiple employers, or irregular earnings. This option offers flexibility by allowing applicants to rely on income earned over a longer timeframe, making it suitable for those with recent employment changes or fluctuating earnings who still wish to meet the financial requirement.
Category B Requirements
To fall under Category B income, applicants must demonstrate their finances in two parts:
- Current Employment Income: Evidence of current employment, with details of the job role, income, and employer.
- Income Over the Past 12 Months: Proof that the combined income over the last 12 months meets or exceeds the minimum threshold.
This approach benefits those with varying employment circumstances, providing an opportunity to combine earnings from multiple roles or account for fluctuating income.
The required income for Category B is based on an annualized calculation from the past 12 months. This means that if the applicant and their sponsor have earned the minimum threshold in that timeframe, they can meet the financial requirement even if income in the most recent period was inconsistent or below the threshold.
Category B Evidential Requirements
To qualify under Category B, the applicant must submit comprehensive evidence of employment income. The following documents are typically required:
- Employment Confirmation Letter: A letter from each employer confirming the sponsor’s role, start date, salary, and any recent changes to employment status.
- Payslips for the Last 12 Months: Payslips from each employer covering the full 12-month period, showing gross income.
- Bank Statements: Bank statements for the same 12-month period, demonstrating that the income aligns with the amounts shown on the payslips.
- Employment Contract: A copy of the employment contract, where applicable, showing the job role and agreed income.
- Tax Documentation (if applicable): Any relevant tax documentation or evidence of tax paid on the income, especially for non-salaried or irregular earnings.
These documents help demonstrate both the current employment status and the total annualized income, providing clear evidence that the income threshold has been met. The documents required in your application will depend on your circumstances.
Category B – Overseas Sponsor Returning to the UK
If the applicant’s partner is returning to the UK with the applicant to work, they do not need to be employed at the date of the application to rely on Category B. The financial requirement must be met and evidenced in two parts:
- The partner must have a confirmed offer of employment in the UK (either salaried or non-salaried) that will begin within three months of their return. This employment must meet the financial requirement through a gross annual starting salary (or income from non-salaried employment based on rate of pay and standard/core hours) that, alone or in combination with income from other permitted sources.
- Additionally, the couple must have received, in the 12 months prior to the application date, income meeting the financial requirement. This may include:
- Gross income from the UK partner’s overseas employment (salaried or non-salaried)
- Gross income from any specified non-employment sources belonging to either the applicant or partner, provided they still own the relevant asset (such as property or shares) at the application date
- Gross income from any State, occupational, or private pension received by either the applicant or partner.
Salaried vs. Non-Salaried Income
Under Category B, applicants can rely on both salaried and non-salaried employment. Where the person is in salaried employment, the level of gross annual salary will be as of the date of application.
Whereas for non-salaried income, the income is based on the total gross income over the 12 months before the date of application.
Combining Income under Category B
Under Category B, the assessment of the financial requirement based on two parts can be combined as follows:
- The gross annual employment income at the date of applying can be combined with non-employment income, cash savings and/or pension income
- The actual amount of gross income received from employment income in the 12 months before the application, can be combined with non-employment income and pension income over the same 12-month period.
How We Can Help
Applying under Category B can be a nuanced process, requiring thorough documentation and careful calculation of income. At Whytecroft Ford, our experienced team can guide you through each step, ensuring your application meets all the Home Office UKVI requirements. From reviewing financial evidence to advising on documentation, we provide clear support to make your application process as straightforward as possible.
For professional guidance tailored to your unique situation, contact us at Whytecroft Ford at +44 208 757 5751 or use our contact form.
