Gap in 6 months wage, Category A, ILR apply from Spouse FLR(M)

If you answer yes to 'Do you have any other reasons to stay in the UK', the system will ask you to provide evidence for this and this is the source of your confusion. Ignore this as you do not need to provide any evidence for 'other' reasons to stay in the UK

By the way, just found out from others that to cover for the last 2.5 years, my cohabitation documents must not be more than 4 months gap. For 2022 only: I have February 2022 (Universal Credit Letter for Applicant for Failed Habitual Residence Test) and on December 2022, applicant's NHS letter. That's it. Would this be a problem? As I have no issues with the documents in 2023 and 2024.

CR001 wrote: ↑

Tue Jun 11, 2024 10:20 am

found out you don't do that unless she stayed over 180 days which she hasn't.

There is no 180 day absence issue or limit for spouse visa holders. It applies to a completely different visa category with different rules.

Hi, just reiterating my question as my biometric appointment date is approaching soon.

On the UKVCA upload website, I uploaded everything but just confused on the last part:

"Documents supporting my other reasons to stay in the UK".

I don't what documents to submit except an invitation letter from my daughter's school for her to start nursery. It's an optional section too.

Kindly please let me know what to do with this. Thanks.

zimba wrote: ↑

Tue Jun 11, 2024 11:57 am

If you answer yes to 'Do you have any other reasons to stay in the UK', the system will ask you to provide evidence for this and this is the source of your confusion. Ignore this as you do not need to provide any evidence for 'other' reasons to stay in the UK

Already answered!!

ksmasher247 wrote: ↑

Wed Jun 12, 2024 12:03 pm

CR001 wrote: ↑

Tue Jun 11, 2024 10:20 am

found out you don't do that unless she stayed over 180 days which she hasn't.

There is no 180 day absence issue or limit for spouse visa holders. It applies to a completely different visa category with different rules.

Hi, just reiterating my question as my biometric appointment date is approaching soon.

On the UKVCA upload website, I uploaded everything but just confused on the last part:

"Documents supporting my other reasons to stay in the UK".

I don't what documents to submit except an invitation letter from my daughter's school for her to start nursery. It's an optional section too.

Kindly please let me know what to do with this. Thanks.

Simply do nothing.

ksmasher247 wrote: ↑

Wed Jun 12, 2024 9:46 am

By the way, just found out from others that to cover for the last 2.5 years, my cohabitation documents must not be more than 4 months gap. For 2022 only: I have February 2022 (Universal Credit Letter for Applicant for Failed Habitual Residence Test) and on December 2022, applicant's NHS letter. That's it. Would this be a problem? As I have no issues with the documents in 2023 and 2024.

What is the source of this claim ?? Something some random person said ???

I've seen on other forums about it. Never mind. Tomorrow's my wife's biometric appointment and I have my bank statements however, for January 2024, there is none of my home address, nothing. Only for April 2024 statement and onwards, I can see my home address.

By post, they've only given my transactions with my name, account number and sort code shown.

I went to the bank, they said they don't give bank statement from branch anymore. They said they've ordered for me since last week, I'd have to wait via post for a new copy of January 2024 onwards statement if I want the type with my home address. As of now, I haven't received it.

Is this a problem?

ksmasher247 wrote: ↑

Mon Jun 24, 2024 12:59 pm

I've seen on other forums about it. Never mind. Tomorrow's my wife's biometric appointment and I have my bank statements however, for January 2024, there is none of my home address, nothing. Only for April 2024 statement and onwards, I can see my home address.

By post, they've only given my transactions with my name, account number and sort code shown.

I went to the bank, they said they don't give bank statement from branch anymore. They said they've ordered for me since last week, I'd have to wait via post for a new copy of January 2024 onwards statement if I want the type with my home address. As of now, I haven't received it.

Is this a problem?

What some person says online without any basis in the rules is irrelevant.
I covered the cohabitation evidence requirements in detail here: All you need to know about cohabitation evidence

You do not need to provide any printed evidence either. Now all the digital evidence is accepted. Rather than assuming things, follow the rules and you should face no issues

zimba wrote: ↑

Mon Jun 24, 2024 2:37 pm

ksmasher247 wrote: ↑

Mon Jun 24, 2024 12:59 pm

I've seen on other forums about it. Never mind. Tomorrow's my wife's biometric appointment and I have my bank statements however, for January 2024, there is none of my home address, nothing. Only for April 2024 statement and onwards, I can see my home address.

By post, they've only given my transactions with my name, account number and sort code shown.

I went to the bank, they said they don't give bank statement from branch anymore. They said they've ordered for me since last week, I'd have to wait via post for a new copy of January 2024 onwards statement if I want the type with my home address. As of now, I haven't received it.

Is this a problem?

What some person says online without any basis in the rules is irrelevant.
I covered the cohabitation evidence requirements in detail here: All you need to know about cohabitation evidence

You do not need to provide any printed evidence either. Now all the digital evidence is accepted. Rather than assuming things, follow the rules and you should face no issues

Thanks for sending link above.

"Now all the digital evidence is accepted"

Wait, even for bank documents?! I have online bank statements that I can use to upload now.

zimba wrote: ↑

Wed Jun 12, 2024 6:07 pm

ksmasher247 wrote: ↑

Wed Jun 12, 2024 9:46 am

By the way, just found out from others that to cover for the last 2.5 years, my cohabitation documents must not be more than 4 months gap. For 2022 only: I have February 2022 (Universal Credit Letter for Applicant for Failed Habitual Residence Test) and on December 2022, applicant's NHS letter. That's it. Would this be a problem? As I have no issues with the documents in 2023 and 2024.

What is the source of this claim ?? Something some random person said ???

HI. I found the source from this link before:
indefinite-leave-to-remain/cohabitation ... l#p1813810

"Post by CR001 » Thu Aug 15, 2019 3:05 pm
You need 2 years evidence from 3 - 6 sources, spread evenly for every 3 to 4 months."

All digital evidence will be accepted as NO physical document is submitted. This has been the case since 2018 !!!
The advice on cohabitation is also very very very clear. There is no specific requirement at all, so anything you see on how to cover the period is largely advisory and is given for reference. I have now repeated this multiple times

zimba wrote: ↑

Mon Jun 24, 2024 4:07 pm

All digital evidence will be accepted. This has been the case since 2018 !!!
The advice on cohabitation is also very very very clear. There is no specific requirement at all, so anything you see on how to cover the period is largely advisory and is given for a reference

Oh I see. All this time for first time spouse application and renewals, I thought I had to use paper based statement, and if printed from a branch, it had to be stamped.

Hi,

Been a while since I came to this forum. As you know, I have submitted ILR on June 2024. Still waiting to hear back from UKVI about their decision.

I was wondering to ask a head solicitor if what I've done was right. I've submitted about 5 months+ of bank statements and payslips (not 6 months) as there was no income on late November 2023/early December 2023. The latest payslips and bank statements I've submitted are on 31st May 2024.

The solicitor has seen my question today that I've sent to him and basically said, even if there's no income, I should have submitted the November/December bank statements (irrespective of the number of payslips) even if there is no income; from his knowledge, my wife's ILR will likely to be refused.

He's not the only person, on another forum on BritishExpat, This is the response I've got:

"20h ago: The document I linked for you gives you the details of the Categories available to you:

Salaried and non-salaried employment Category A: With current employer for 6 months or more - person residing in the UK; 6 months of payslips required from current job.

Category B: Less than 6 months with current employer or variable income – person residing in the UK; Part 1 any number of payslips showing you earn the necessary financial minimum in current job; Part 2 AND 12 months of payslips to show you have earned financial minimum in past 12 months"

​No pont in me stressing as I've already submitted ILR and my wife's current FLR(M) biometric card date expired on 05th August 2024. I have a simmer of hope that rather than refuse, UKVI would ask for an additional month of bank statement but I'm also not that naive. Part of me wished that I should have gotten a contracted job but couldn't do so as the job market is so bad and very hard.

Point of messaging here is; have I actually made a monumental mistake by not submitting the extra 1 month bank statement despite there being no income?

zimba wrote: ↑

Mon Jun 24, 2024 4:07 pm

All digital evidence will be accepted as NO physical document is submitted. This has been the case since 2018 !!!
The advice on cohabitation is also very very very clear. There is no specific requirement at all, so anything you see on how to cover the period is largely advisory and is given for reference. I have now repeated this multiple times

As for my latest question, I believe I'm screwed by only providing 5 months+ bank statements rather than minimum 6 months. I hope I haven't messed up.

You have received extensive advice before for non-salaried employment under category A. So go back again read the advice given and review the official guide. What others say is irrelevant when it does not appear in the guide/rules

Ok no problem. Will do. If there's a section I'm stuck in the guide, I'll paste it here for clarification.

ksmasher247 wrote: ↑

Mon Sep 30, 2024 2:01 pm

Ok no problem. Will do. If there's a section I'm stuck in the guide, I'll paste it here for clarification.

Sure. Also, do not worry much. UKVI will ask for more evidence if they feel it is needed. They do not quickly jump to refuse

zimba wrote: ↑

Mon Sep 30, 2024 4:36 pm

ksmasher247 wrote: ↑

Mon Sep 30, 2024 2:01 pm

Ok no problem. Will do. If there's a section I'm stuck in the guide, I'll paste it here for clarification.

Sure. Also, do not worry much. UKVI will ask for more evidence if they feel it is needed. They do not quickly jump to refuse

Yeah. Let's see. If they do ask, hopefully they won't ask for 12 months payslips as I earned up until application date about £16,000+ but for 5 months prior, earned £10,000+.

If they just ask for an extra bank statement, then I can provide it.

Also, I do get panic attacks including on these things in ways I was hospitalised few months ago and suffered some minor brain damage.

So I get more anxious than usual. Therefore, sorry for asking questions.

zimba wrote: ↑

Mon Sep 30, 2024 1:36 pm

You have received extensive advice before for non-salaried employment under category A. So go back again read the advice given and review the official guide. What others say is irrelevant when it does not appear in the guide/rules

Ok so what I've understood from the guide (finally) is that the number of payslips over the course of 6 months prior to application for non-salaried employment does not matter as long as I've met beyond the minimum financial requirement. (in my case, it's almost £11k calculated).

And that providing less than 6 months bank statements for this occasion is okay.

However, for salaried employment, the rules are: minimum 6 months payslips and 6 months bank statements are required.

Have I got it right this time?

Yes

zimba wrote: ↑

Tue Oct 01, 2024 2:14 pm

Yes

Ok. Many thanks. I've submitted bank statements from around January 2024 to 31st May 2024.

I'll update you with their decison. I reckon in about 1-2 weeks time, I'll hear from them.

zimba wrote: ↑

Tue Oct 01, 2024 2:14 pm

Yes

Hi. I am a solicitor from London, Wimbledon who reviewed the questioner's case on his request. He has provided me this forum link.

Unfortunately Zimba, I don't think you are correct.

Nothing in the financial appendix.pdf file backs our client's claim. Nowhere it clearly says he can use less than 6 months bank statements for his case.

For Category A, a minimum of 6 months bank statements is required for non-salaried. There is no flexibility for this. Yes, it does say they look at incomes for the 6 months period prior to application but it does not state for non-salaried employment you can still provide under 6 months bank statements for this Category.

Also, in his case, since he gets paid weekly, a minimum of 26 weeks payslips are required even if he has some gaps, he must ask his employers to produce £0.00 for the weeks he did not work.

What our client did was a major error. In my experience, his wife's ILR will either be refused or put to 10 year route. Those are the only outcomes they will receive. I advised him to put in a new ILR application whilst the pending one is ongoing so it'll become varied but he is unable to do so as his wife's biometric date expired on August 2024 and he is unable to pay additional fee for ILR he informed.

He should have applied for Category B but it looks like he hasn't earned enough in the past 12 months prior to application.

He should've properly sought legal advice and paid for documents checking before applying. He did asked us before on June 2024 but he did not want to pay almost £400 for this service for which I understood.

The rules do not mention that you must send a specific number of statements or payslips. They require you to cover the last 6 months. What if you are being paid quarterly ?? Then you have only two payslips covering the 6-month period that will satisfy the requirements. Why should we assume somehow 6 payslips are needed then ? Where do the rules say this ?? What if you send two bank statements showing two quarterly payments ?? Why suddenly you should be refused, rather than them asking for more irrelevant statements (and why would they do that) ?

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Payslips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:

(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

The Immigration rules under 'Appendix FM-SE: family members specified evidence' simply require you to cover a period of 6 months. Now if you covered the required salary in less than 6 months and you have been employed with the same employer for more than 6 months, why would they suddenly refuse an application ?? Even if they need more statements, they would ask for it but that would be unnecessary. Why would they refuse it and claim you failed the requirements when you clearly have not ??

Also, they rarely refuse an application under family rules and almost always offer options or ask for extra evidence.

https://www.gov.uk/guidance/immigration ... d-evidence

zimba wrote: ↑

Wed Oct 02, 2024 3:08 pm

The rules do not mention that you must send a specific number of statements or payslips. They require you to cover the last 6 months. What if you are being paid quarterly ?? Then you have only two payslips covering the 6-month period that will satisfy the requirements. Why should we assume somehow 6 payslips are needed then ? Where do the rules say this ?? What if you send two bank statements showing two quarterly payments ?? Why suddenly you should be refused, rather than them asking for more irrelevant statements (and why would they do that) ?

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Payslips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:

(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

The Immigration rules under 'Appendix FM-SE: family members specified evidence' simply require you to cover a period of 6 months. Now if you covered the required salary in less than 6 months and you have been employed with the same employer for more than 6 months, why would they suddenly refuse an application ?? Even if they need more statements, they would ask for it but that would be unnecessary. Why would they refuse it and claim you failed the requirements when you clearly have not ??

Also, they rarely refuse an application under family rules and almost always offer options or ask for extra evidence.

https://www.gov.uk/guidance/immigration ... d-evidence

Hi. Thank you for your response. The phrase "cover" is just a loose vague term used in the guide. It does not literally mean applicants can submit less than 6 months of financial documents.

I'm afraid from multiple of my clients' experience who are/were also on zero-hour contract, they have been refused on the basis of not supplying 6 months payslips and 6 months bank statements under category A.

The guide are very vague and not clear for most people. And it is illegal in the UK for an employee to be paid beyond 1 month of work let alone quarterly. Payslips by law must be produced within the maximum timeframe of 1 month. I understand your point of this was just an example.

In addition, if you are able to provide source from a forum who has similar experience as my client where his/her application has been approved, I'd be more than happy to take a look and provide my client to reduce his worry. He has publicily announced here about his health situation. Of course, an approved decision would help him by some margins.

Best thing for us to do is wait for a decision to be made regarding my client's application. It has been almost 4 months now. Likely we will hear by next week or latest, the week after as his case is fairly straightforward.