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FLR M application and Consent form query

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GOLDI3
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FLR(M)

Post by GOLDI3 » Mon Jun 28, 2021 12:07 pm

Good afternoon all

I was hoping someone could kindly shed some light on the financial requirements Categories.

My wife entered the UK in February 2019 - A letter from my employer was provided when she initially applied for her entry visa. The letter stated my hourly rate and average hours a week worked and from that, category A was used for the financial evidence as follows:

Average Hours a week = 48 | Hourly Rate = £10.93

So annualised: (48 hours x £10.98) x 52 weeks = £27,281.28 which is above the requirement (evidence of 6 months payslips along with bank statements were provided).

I remain in the same full-time job but the employer has changed and my pay rate has increased - My employment transferred to another company. I TUPE'd over to the new company on 01 May 2021. I will not have 6 months payslips to show when my wife applies for FLR(M).

Any advise on what category she should apply under? and what documents will need to be provided?

Thank you in advance

manci
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Re: FLR(M)

Post by manci » Mon Jun 28, 2021 8:17 pm

GOLDI3 wrote:
Mon Jun 28, 2021 12:07 pm
I TUPE'd over to the new company on 01 May 2021. I will not have 6 months payslips to show when my wife applies for FLR(M).
Regarding payslips - from Appendix FM-SE:

2. In respect of salaried employment in the UK ……
(a) Payslips covering:
……….
(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


See also Example (a) on p25 - Category B employment:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Personal opinion, not professional or legal advice

GOLDI3
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Re: FLR(M)

Post by GOLDI3 » Tue Jun 29, 2021 4:13 pm

Thank you manci. I have had a look at the example but remain a little unclear.

I have been in continuous employment at the same place of work since 2013. My employment transferred under TUPE to a new company so my T&C's of my previous employer and contract is protected and remains the same. I have a letter from my current employer stating this.

Will this letter be enough to apply under category A where I can provide this letter along with six months payslips (3 from current employer and 3 from previous company) and mention in a supporting cover letter that it is continuous employment? In addition, I was also going to mention in the supporting cover letter that should the TUPE not be considered as continues employment to than consider the application under category B and provide additional six months payslips totalling 12 months as part of the application.

or

Should I scrap Category A and just apply under category B?

Thank you

TODMATT
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Re: FLR(M)

Post by TODMATT » Wed Jun 30, 2021 6:55 am

GOLDI3 wrote:
Tue Jun 29, 2021 4:13 pm
Thank you manci. I have had a look at the example but remain a little unclear.

I have been in continuous employment at the same place of work since 2013. My employment transferred under TUPE to a new company so my T&C's of my previous employer and contract is protected and remains the same. I have a letter from my current employer stating this.

Will this letter be enough to apply under category A where I can provide this letter along with six months payslips (3 from current employer and 3 from previous company) and mention in a supporting cover letter that it is continuous employment? In addition, I was also going to mention in the supporting cover letter that should the TUPE not be considered as continues employment to than consider the application under category B and provide additional six months payslips totalling 12 months as part of the application.

or

Should I scrap Category A and just apply under category B?

Thank you
TUPE is perfectly acceptable! Just ask your employer to make it clearer in your employment letter about it. It would been treated as if you have been employed for 6 months even though the company only took over 3 months but employment is continuous. CAT A is perfect fine.
My opinions should not be constituted as an immigration or legal advice.

AmazonianX
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Re: FLR(M)

Post by AmazonianX » Wed Jun 30, 2021 8:20 am

GOLDI3 wrote:
Tue Jun 29, 2021 4:13 pm
Thank you manci. I have had a look at the example but remain a little unclear.

I have been in continuous employment at the same place of work since 2013. My employment transferred under TUPE to a new company so my T&C's of my previous employer and contract is protected and remains the same. I have a letter from my current employer stating this.

Will this letter be enough to apply under category A where I can provide this letter along with six months payslips (3 from current employer and 3 from previous company) and mention in a supporting cover letter that it is continuous employment? In addition, I was also going to mention in the supporting cover letter that should the TUPE not be considered as continues employment to than consider the application under category B and provide additional six months payslips totalling 12 months as part of the application.

or

Should I scrap Category A and just apply under category B?

Thank you
Category A as it is continuous employment only change of company structure or ownership. 6 months evidence of income and payslips backed by employer letter. Clarifications can be made in cover letter.

manci
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Re: FLR(M)

Post by manci » Wed Jun 30, 2021 9:57 am

GOLDI3 wrote:
Tue Jun 29, 2021 4:13 pm
Will this letter be enough to apply under category A where I can provide this letter along with six months payslips (3 from current employer and 3 from previous company)
@todmatt nd @AmazonianX - do you have experience or do you know of precedents that applying under Category A would be accepted by the HO under the circumstances?

Employment law and immigration law are different.

The terms and condition of employment may have remained the same but the sponsor is now a different company with a different sponsor licence. As the employer changed the OP has not
been with the same employer for at least 6 months prior to the date of application, which is the condition for Category A.

I would suggest that it would be safer for the OP to apply under category B - he doesn't have problems producing payslips for 12 months.
Personal opinion, not professional or legal advice

TODMATT
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Re: FLR(M)

Post by TODMATT » Wed Jun 30, 2021 10:09 am

manci wrote:
Wed Jun 30, 2021 9:57 am
GOLDI3 wrote:
Tue Jun 29, 2021 4:13 pm
Will this letter be enough to apply under category A where I can provide this letter along with six months payslips (3 from current employer and 3 from previous company)
@todmatt nd @AmazonianX - do you have experience or do you know of precedents that applying under Category A would be accepted by the HO under the circumstances?



Employment law and immigration law are different.

The terms and condition of employment may have remained the same but the sponsor is now a different company with a different sponsor licence. As the employer changed the OP has not
been with the same employer for at least 6 months prior to the date of application, which is the condition for Category A.

I would suggest that it would be safer for the OP to apply under category B - he doesn't have problems producing payslips for 12 months.
It is not consider as different employer because OP right is protected under TUPE so therefore their employment rights from previous company still applies to them with the new company.

I have seen many people granted on this and certainly not an issue as long as the new company makes it clearer in the employment letter about it.

Your recommendation of CAT B is also a viable option but CAT A is simple approach due to less paper work involve.
My opinions should not be constituted as an immigration or legal advice.

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Re: FLR(M)

Post by GOLDI3 » Thu Jul 01, 2021 8:02 am

Good morning all and thank you for all your assistance.

I have not managed to find any confirmation from HO documents/guidelines covering TUPE and for that reason I will take the safe route and apply under Cat B.

Thank you again, highly appreciated

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Re: FLR(M)

Post by GOLDI3 » Fri Jul 30, 2021 3:32 pm

Good afternoon all

I have decided to apply under Cat B but need some assistance on how to show the calculations for the cover letter and explain how I meet the financial requirements.

My payslips are as follows:

1 Aug 2021 2458.08 Current employer
2 Jul 2021 3004.32 Current employer
3 Jun 2021 2867.76 Current employer

4 May 2021 3148.50 Previous employer
5 Apr 2021 2458.08 Previous employer
6 Mar 2021 1775.28 Previous employer
7 Feb 2021 2276.00 Previous employer
8 Jan 2021 3550.56 Previous employer
9 Dec 2020 2867.76 Previous employer
10 Nov 2020 2048.40 Previous employer
11 Oct 2020 3004.32 Previous employer
12 Sep 2020 2321.52 Previous employer

I also have a letter from my current employer stating I work full-time permanent, hourly pay rate of £10.38, average weekly contractual hours of 42 hours.

How do I show calculations for satisfying both parts of Cat B?

Any clarification on this would be much appreciated. Thank you in advance

TODMATT
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Re: FLR(M)

Post by TODMATT » Fri Jul 30, 2021 6:50 pm

GOLDI3 wrote:
Fri Jul 30, 2021 3:32 pm
Good afternoon all

I have decided to apply under Cat B but need some assistance on how to show the calculations for the cover letter and explain how I meet the financial requirements.

My payslips are as follows:

1 Aug 2021 2458.08 Current employer
2 Jul 2021 3004.32 Current employer
3 Jun 2021 2867.76 Current employer

4 May 2021 3148.50 Previous employer
5 Apr 2021 2458.08 Previous employer
6 Mar 2021 1775.28 Previous employer
7 Feb 2021 2276.00 Previous employer
8 Jan 2021 3550.56 Previous employer
9 Dec 2020 2867.76 Previous employer
10 Nov 2020 2048.40 Previous employer
11 Oct 2020 3004.32 Previous employer
12 Sep 2020 2321.52 Previous employer

I also have a letter from my current employer stating I work full-time permanent, hourly pay rate of £10.38, average weekly contractual hours of 42 hours.

How do I show calculations for satisfying both parts of Cat B?

Any clarification on this would be much appreciated. Thank you in advance
"
(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of
months and multiplied by 12 (or by the number of weeks and multiplied by 52 where
payment is weekly, or by the number of days and multiplied by 365 where payment
is daily) = Income from non-salaried employment that can be counted towards the
financial requirement. "


If you have held the employment for 3 months, you will ADD last 3 months payslips £8,330.26 divide by number of months which is 3 because it seems you have been there for that month x 12(since you are paid monthly)

£8,330.26 divide by 3 x 12 = £33,321.04 is the amount which can be used towards meeting the first requirement of CAT B non salaried and the second requirement is the aggregate of the last 3 months + 9 months income from previous employer and if it is equal £18,600, second requirement is also fulfilled.
My opinions should not be constituted as an immigration or legal advice.

GOLDI3
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Re: FLR(M)

Post by GOLDI3 » Sat Jul 31, 2021 10:19 am

Thank you TODMATT for explaining.

I was confused as the letter from my employer states I work full-time permanent, hourly pay rate of £10.38, average weekly contractual hours of 42 hours so I thought I would need to to show the following calculations as anything above this is overtime and not alway garenteed and cannot be counted towards the financial requirments:

42 hours x 10.38 = £435.96 per week x 52 weeks = £22,669.92

I'm assuming I should ignore the above calulations. I have written a draft for the cover letter under Maintenance. Would this be okey:
    My husbands three most recent monthly payslips including August 2021 provided by Bidvest Noonan shows his average annualised gross income from his current employment up to the date of application exceeds the required £18,600.00 meeting the stated financial requirement under Appendix FM Category B part (1) as follows:

    Under part (1) of Category B – Annualised Average
    = (gross income from employment in the period prior to the date of application for which that employment has been held, divided by the number of months) multiplied by 12
    = ((2458.08+3004.32+2867.76) ÷ 3) x 12
    = (8,330.16 ÷ 3) x 12 = £33,320.64 which far exceeds the £18,600.00 threshold required for maintenance cost
      In addition, my husband has received in the twelve months prior to the date of application (from August 2021 backdating to September 2020) a level of income that meets part (2) of the calculation for Category B as follows:

      Under part (2) of Category B – Actual Income
      = actual employment income over last 12 months
      = 2458.08+3004.32+2867.76+3148.50+2458.08+1775.28+2276.00+3550.56+2867.76+2048.40+3004.32+2321.52 = £31,780.58 which also far exceeds the required £18,600.00 for maintenance cost

      Also, what is meant by "Where the person is in non-salaried employment – the level of gross annual
      employment income relied upon in the application can be no greater than the annual
      equivalent of the person’s average gross monthly income from that non-salaried
      employment." Does this apply in my case, how do i work this out?

      Thank you

      TODMATT
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      Re: FLR(M)

      Post by TODMATT » Sat Jul 31, 2021 4:15 pm

      GOLDI3 wrote:
      Sat Jul 31, 2021 10:19 am
      Thank you TODMATT for explaining.

      I was confused as the letter from my employer states I work full-time permanent, hourly pay rate of £10.38, average weekly contractual hours of 42 hours so I thought I would need to to show the following calculations as anything above this is overtime and not alway garenteed and cannot be counted towards the financial requirments:

      42 hours x 10.38 = £435.96 per week x 52 weeks = £22,669.92

      I'm assuming I should ignore the above calulations. I have written a draft for the cover letter under Maintenance. Would this be okey: Ignore the calculations above because the UKVI rules on how your income should be calculate is different to the formula above especially if you work more than your contractual hours each month which makes your income varying as per your income above.
        My husbands three most recent monthly payslips including August 2021 provided by Bidvest Noonan shows his average annualised gross income from his current employment up to the date of application exceeds the required £18,600.00 meeting the stated financial requirement under Appendix FM Category B part (1) as follows:

        Under part (1) of Category B – Annualised Average
        = (gross income from employment in the period prior to the date of application for which that employment has been held, divided by the number of months) multiplied by 12
        = ((2458.08+3004.32+2867.76) ÷ 3) x 12
        = (8,330.16 ÷ 3) x 12 = £33,320.64 which far exceeds the £18,600.00 threshold required for maintenance cost
          In addition, my husband has received in the twelve months prior to the date of application (from August 2021 backdating to September 2020) a level of income that meets part (2) of the calculation for Category B as follows:

          Under part (2) of Category B – Actual Income
          = actual employment income over last 12 months
          = 2458.08+3004.32+2867.76+3148.50+2458.08+1775.28+2276.00+3550.56+2867.76+2048.40+3004.32+2321.52 = £31,780.58 which also far exceeds the required £18,600.00 for maintenance cost

          Also, what is meant by "Where the person is in non-salaried employment – the level of gross annual
          employment income relied upon in the application can be no greater than the annual
          equivalent of the person’s average gross monthly income from that non-salaried
          employment." You have used the formula above because non salaried is worked out by doing your average annualised salary.

          Thank you

          From the above, both conditions CAT B are met.
          My opinions should not be constituted as an immigration or legal advice.

          GOLDI3
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          Re: FLR(M)

          Post by GOLDI3 » Sun Aug 01, 2021 1:16 pm

          Thank you once again for clarifying.

          I started the online application and under Finance (current employment) it asks,
          "What is their annual income before tax for this employment in GBP (£)?"

          I am assuming this should be the calculated annualised average of the three months = £33,320.64 - is that right or should it only be the sum total of the three months?

          Also, for previous employment it asks,
          "What was their annual income before tax for this employment in GBP (£)?"

          Should this be the actual income calculated for the 12 months = £31,780.58 as explained in the cover letter or should this only be the sum of the nine months income from previous employer as follows:

          3148.50+2458.08+1775.28+2276.00+3550.56+2867.76+2048.40+3004.32+2321.52 = £23,450.42

          You assistants is highly appreciated. Thank you

          TODMATT
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          Re: FLR(M)

          Post by TODMATT » Sun Aug 01, 2021 5:14 pm

          GOLDI3 wrote:
          Sun Aug 01, 2021 1:16 pm
          Thank you once again for clarifying.

          I started the online application and under Finance (current employment) it asks,
          "What is their annual income before tax for this employment in GBP (£)?" £33,320.64 -

          I am assuming this should be the calculated annualised average of the three months = £33,320.64 - is that right or should it only be the sum total of the three months?

          Also, for previous employment it asks,
          "What was their annual income before tax for this employment in GBP (£)?"

          Should this be the actual income calculated for the 12 months = £31,780.58 as explained in the cover letter or should this only be the sum of the nine months income from previous employer as follows:

          3148.50+2458.08+1775.28+2276.00+3550.56+2867.76+2048.40+3004.32+2321.52 = £23,450.42

          In this section, you will need to add each gross income you have received in the period you were employed by them so from the above it was from May 2021 to September 2020 assuming this is for one employer.

          You assistants is highly appreciated. Thank you
          My opinions should not be constituted as an immigration or legal advice.

          GOLDI3
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          Re: FLR(M)

          Post by GOLDI3 » Mon Aug 02, 2021 6:47 am

          Amazing. Thank you TODMATT

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          FLR M application and Consent form query

          Post by GOLDI3 » Mon Aug 02, 2021 8:09 am

          Good morning all.

          I need clarification for the Consents.

          My wife is the Application, I am the Sponsor, and we live with my father at a council property.

          She is relying on my income to meet the financial requirements; we will be providing joint and single correspondence letters in our names; and because my farther is the tenant of the property we will be providing my father’s supporting letter, his passport as proof of address, and letters from the council evidencing he is the tenant.

          Please correct me if I am wrong:

          My wife (the applicant) will sign Consent part 1 and I (the sponsor) will be signing Part 2 along with the declaration.

          Who will need to sign consent part 3? My father is not providing the applicant with financial support but will be providing his documentation to support the application. Should he be the one to sign part three?

          Any clarification in this matter would be highly appreciated. Thank you

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          Re: FLR M application and Consent form query

          Post by CR001 » Mon Aug 02, 2021 8:57 am

          GOLDI3 wrote:
          Mon Aug 02, 2021 8:09 am
          Good morning all.

          I need clarification for the Consents.

          My wife is the Application, I am the Sponsor, and we live with my father at a council property.

          She is relying on my income to meet the financial requirements; we will be providing joint and single correspondence letters in our names; and because my farther is the tenant of the property we will be providing my father’s supporting letter, his passport as proof of address, and letters from the council evidencing he is the tenant.

          Please correct me if I am wrong:

          My wife (the applicant) will sign Consent part 1 and I (the sponsor) will be signing Part 2 along with the declaration.

          Who will need to sign consent part 3? My father is not providing the applicant with financial support but will be providing his documentation to support the application. Should he be the one to sign part three?

          Any clarification in this matter would be highly appreciated. Thank you
          Do not tag your questions onto other members topics. Post moved to your own topic where you should keep all your in one thread/topic.

          No to consent form 3 query.
          Char (CR001 not Casa)
          In life you cannot press the Backspace button!!
          Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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          Re: FLR M application and Consent form query

          Post by GOLDI3 » Thu Aug 05, 2021 11:53 am

          Apologises CR001 - thank you for rectifying and for your reply

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          FLR (M)

          Post by GOLDI3 » Mon Aug 09, 2021 3:29 pm

          Hoping someone can advise regrading letter from employer.

          I am providing 12 months payslips under Cat B. 3 slips from current employer and 9 from previous. rules say:

          In respect of salaried employment in the UK, all of the following evidence must be provided:
          (a) Payslips covering 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
          (b) A letter from the employer(s) who issued the payslips


          Will I need a letter from my previous employer?

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