Employment Status

[ori]

Hi Chaps,

I am due to apply for my IRL - Spouse Route and i am not sure if I am classed as Non-Salaried Employment because i work as a contractor and get a daily rate. I started this employment on the 5th of October 2020 and my application is due anytime from 22nd September 2021. Most times i fill my time sheets to be paid weekly and sometimes bi-weekly.

Please can i be advised if i am in non-salaried employment?

Regards

[zimba]

First of all you were previously advised to apply under long residence: indefinite-leave-to-remain/ilr-long-res ... 00434.html

If you are employed but have variable pay, then you will have a non-salaried position.

Non-salaried employment includes that paid at an hourly or other rate (and the
number and/or pattern of hours required to be worked may vary) or paid an amount
which varies according to the work undertaken. Salaried employment includes that
paid at a minimum fixed rate (usually annual) which is usually subject to a
contractual minimum number of hours to be worked.

https://assets.publishing.service.gov.u ... .0-ext.pdf

[ori]

Thanks for coming back so quickly. I am applying using the Spouse Route as I feel safer, I got my first spouse visa on 20th October 2016 and renewed it on the 5th June 2019.

All other documents seem okay, I work as a contractor but use an umbrella company that issues my payslips and P60, as mentioned earlier I started this employment on the 5th October 2020 and the contract is ending on the 27th of August.

I get paid weekly (it depends if i fill my timesheet) or bi-weekly when i miss it. My Contrat of Employment reads towards remuneration:

3. Remuneration
3.1. The contractual rate of remuneration will be
the statutory minimum hourly wage as set within
UK legislation from time to time ("Salary"). Salary
will be paid in accordance with clause 10 below.
3.2. Compass may, at their absolute discretion pay
to the Employee a bonus. In order to qualify for this
bonus, the following must have been accomplished
by the Employee:

From the above am i considered as non-salaried employment as i get paid a daily rate?

Employment Letter

I am writing to confirm that Mr. xxxxx xxxxx has been employed with us on a full-time contract as Service Delivery Manager since 5th of October 2020. This position is non-salaried. Mr. xxxxx xxxxx is contracted to work 40 hours per week. His wages are paid weekly or bi-weekly as he desires. This employment has been held for a period of 11 months presently where he has been paid either weekly or bi-weekly upon his request. He wishes to rely on his 6 monthly wages for this application. I will be providing his 6 monthly’ payslip breakdown for the purpose of calculating his gross annual income to meet the threshold of his financial requirement. I can confirm that the following payslips provided are genuine and are provided by Compass CE Ltd, also his P60:
Tax Period Pay Period Gross Pay Amount Date Pay Deposited in Bank
44 Weekly £649.56 05/02/2021
45 Weekly £649.56 12/02/2021
46 Weekly £649.56 19/02/2021
47 Weekly £649.56 26/02/2021
48 Weekly £649.56 05/03/2021
49 Weekly £649.56 12/03/2021
50 Weekly £649.56 19/03/2021
51 Weekly £649.56 26/03/2021
52 Weekly £649.56 01/04/2021
2 Bi-Weekly £1,043.60 16/04/2021
3 Weekly £649.69 23/04/2021
4 Weekly £649.69 30/04/2021
5 Weekly £649.69 07/05/2021
6 Weekly £521.79 14/05/2021
7 Weekly £649.69 21/05/2021
8 Weekly £649.69 28/05/2021
9 Weekly £521.79 04/06/2021
11 Bi-Weekly £1,171.48 18/06/2021
13 Bi-Weekly £1,299.36 02/07/2021
15 Bi-Weekly £1,299.36 16/07/2021
17 Bi-Weekly £1,299.36 30/07/2021
19 Bi-Weekly £1,299.36 13/08/2021
21 Bi-Weekly £1,299.36 27/08/2021

Is the above letter sufficient? as employment letter and how do i calculate am annual income from this?

[CR001]

Long Residence ILR has far less document requirements.

[ori]

Thanks, should i decide to go through the Spouse Route of FL(M) for my ILR is the above information okay?

[zimba]

You must be employed on the day of the application but your contract is ending before that ?

[ori]

The good news is my contract is now extended for another one month which will now end by 30th of September 2021. The intention is to push in my application anytime from 22nd of September but not later than 29th of September. Trying to be safe though, I intend to use the super-priority option.

Is my employment termed as non-salaried employment?

Is the above letter of employment format tenable?

With the format of the able payslips, will I still use category A to work out my annual income?

Am i using the weekly or monthly method of working out my annual income (6 Months wages divided by 6 multiplied by 12)?

Thanks in advance...

[zimba]

You are doing non-salaried work. All the answers on how to calculate the salary, employment letter, etc is in the guide under category A. Raed the guide