Page 1 of 1

Company paid sick leave at time of application for Set (M)

Posted: Wed Nov 03, 2021 12:59 pm
by Sunnyislexpat
Hi everyone,

This is my first time posting here and I was hoping to get some much needed advice.

Basically I have applied for Set (M) in the beginning of this month. I am currently on the flr m 5 year route and it will be five years in just a few days.

The years prior my husband who is my Sponsor would just need to supply the payslips as it was quite straightforward based on his pay and because both of our children are British and so is he, the financial requirement was not the biggest concern. But this year has been a doozy. Basically at the beginning of the year we both got Covid and I was pregnant. He took the mandatory time off for a month in order to recover. I on the other hand was in and out of hospital struggling to keep our baby which we sadly ended up losing in January. My husband had also been dealing with on going discrimination at work due to two protected characteristics he has and harassment and I think seeing me in hospital fighting to save my pregnancy whilst juggling raising our two children and trying to recover from Covid was his breaking point. He returned to work after I got of hospital after I insisted I was okay. But when he got to work he was met with more beloved and abuse so he took more paid time off. With his employment, he is entitled to 6 months full pay and half pay thereafter. He took two months the year prior (2020) in an attempt to have time away from his workplace harasser who was not being held accountable at the time and having to work around them more than usual because of Covid demands meant he was working alot more. Last year (2020) he came back in to work after two months off and worked up to January (2021) this year but then caught Covid from a Coworker. Soon after I lost the baby in the same month and when he returned to work after the mandatory time off because of Covid, he was harassed again and took the rest of his leave which was 4 months full pay left February, March, April, and May. His Half pay started in June 2021 and he has been on this to date. His Half pay runs out in December when he will be returning to work. I have been working but I only got a job in July so not long enough to be considered despite contractual salary being 23k.

My husband's contracted salary was recently confirmed by HR in an employment letter we requested as evidence for his salary. it was confirmed his contracted salary is over £30k and they have confirmed he has been employed with them continuously and he is on a permanent contract as well as he contracted hours a week. His monthly pay is never the same as he will make over his salaried pay due to overtime always available, especially during the pandemic.

So my question is will my husband being on half pay since June effect my ILR application?

We have the most recent P60 that shows him making over £37k. We are just concerned because he finally decided to take the rest of the much need time off for his mental health which he's entitled to because he was in a dark place. And now just before we applied this month, he was assaulted at our home by thieves with a bat to his head that came and stole my catalytic converter and I feared I was going to lose my husband after the injury he received after because he had a brain hemorrhage years prior.

It's been a very difficult year for us and we have an Autism assessment for one of our children coming up and I don't know what to do if my ILR isn't approved. We work together to support our two children and our special needs child. We've worked so hard to pay for these expensive visas and we get so much bad luck after bad luck this year and I really don't think my husband will cope if my ILR is not approved and I need to leave the country. We can't afford another visa after paying for this one and all of our savings has gone to these visas.

2. Does my husband have to make the same amount every month and will the sickness leave on half pay since June 2021 effect my application despite him receiving full pay prior to June 2021?

3. Should we submit his fit notes from the GP as well as a cover letter explaining why he was on half pay since June?

4. Should we submit 12 months payslips prior to the half sick pay starting instead of 6 months?


Please if someone could respond I would be so grateful. I know it's long but I'm desperate and I just want to keep my family together.