Statement of Comparability for FLR(M)

Hi everyone

My initial spouse visa expires on 13 June 2020. We have been hoping the lockdown would end and I could take my IELTS test, but that doesn't seem to be happening.

However, we also have a financial requirement conundrum.

My husband was employed with company X for ten years but it went bankrupt in 2019 September. So husband lost his job. Approximately a month later on 21 OCt 2019, he started another job with company Y. He was contracted to work there through a recruitment agency. However, in December 2019, he started his own limited company (lets call it Z) because the recruitment agency said he could make more money that way. So he was still in the job via the recruitment agency but company Y now paid him as an independent contractor and he made more money now as company Z.

This is where things got complicated. In March, when the lockdown was announced company Y laid off the contractors. So my husband and company Z which he started stopped making money. However, two weeks later in the first week of April, the husband was mobilized for 6 months with the British Army as a reservist and is receiving a full salary. So he was only out of a "job"/"contract" for two weeks.

This has been an absolute nightmare to figure out. Since the company my husband started is barely six months old, there are no taxes filed. It is registered and everything but has no tax documentation.

And then there is the switching of jobs and switching of status from PAYE to limited company/contractor and then back to army PAYE.

I still have to see how much money was made by the company in its four months of operations (the company hasn't been dissolved). One thing that we did do was transfer 1600 pounds from the company account to the husband's account as a sort of "salary" every month since December.

How should we go about declaring this and what kind of category does he, as my sponsor, fall in?

Any help will be appreciated as we have about a month to figure this out. I have most of the other documents ready, but only this financial issue and my English test issue are confounding my application efforts.

Hope all of you are well.

Balrog

Are you working?
Do you or your partner have 6 months old cash savings?
How much has he/you/both have earned during the last 12 months?
How much is he/you are earning presently from army job?

1. I do not have a paid job (its been hard to find an academic job here).
2. We do have some cash savings (30,000 GBP), but the lowest amount in the last six months would be 17,000 GBP. That's from one account. We also have odd 3,000 and some money in the ISA.
3. He has earned approximately 25000 over the last 12 months. It could be more but I have to do the math as he also gets paid about 200-300 pounds a month for working as an army reserve on weekends (when he is not mobilized).
4. His current army job brings in 1800 (after tax).

Note: I totalled up the invoices from his company/self-employed/contractor job between December 2019 and March 2020 and its coming to 17,500.

Balrog wrote: ↑

Fri May 01, 2020 8:00 pm

.
3. He has earned approximately 25000 over the last 12 months

How much has he earned through paye employment excluding self employment during the last 12 months.

Hi all

How is the category F financial requirement calculated?

Is it Solely based onProfit before tax ?

Or,

Is it based on salary taken by my husband as director monthly combined with dividends.

My husband’s limited company has only been operational for 6 months. So I am thinking of shortening the financial year of the company to show “one year” of taxes. In these six months his profit before tax is less than 6000 while the company has made approx 17000 in total (before expenses). But he has been drawing a salary of 1600 per month for the last six months. Does that mean they will calculate it as

1600x12 + dividend

Has anyone tried shortening the financial year of a limited company to show tax documentation for category F? And, how does the category F calculation work.

Balrog wrote: ↑

Sat May 02, 2020 7:00 am

Hi all

How is the category F financial requirement calculated?

Is it Solely based onProfit before tax ?

Or,

Is it based on salary taken by my husband as director monthly combined with dividends.

My husband’s limited company has only been operational for 6 months. So I am thinking of shortening the financial year of the company to show “one year” of taxes. In these six months his profit before tax is less than 6000 while the company has made approx 17000 in total (before expenses). But he has been drawing a salary of 1600 per month for the last six months. Does that mean they will calculate it as

1600x12 + dividend

Has anyone tried shortening the financial year of a limited company to show tax documentation for category F? And, how does the category F calculation work.

Category F uses income received during the last FULL financial year to meet the financial requirement. The supporting documents for this category must similarly cover the full financial year being used. In order to apply using Category F, you would also have to supply evidence of ongoing employment with that limited company at the date of application. Based on the information provided so far, it sounds like you may be better off focusing on how the financial requirement could be met from other sources of employment rather than Category F (i.e. Category A or B), which is what seagul has been getting at.

If your husband earned over the financial requirement in the 12 months prior to the application date in employment other than with his limited company AND is employed at a job earning over the financial requirement at the application date (e.g. with the Army), then the application could likely be submitted using Category B.

Details are in the guidance document linked below, which I would suggest a thorough read of to better understand your options.

https://assets.publishing.service.gov.u ... -ext_1.pdf

Thank you so much! This is like looking at my problem with a fresh set of eyes.

There are two issues though that I can see cropping up.

1. Husband has been an army reservist for 10 years BUT that’s part-time work. They pay him for one weekly visit so his pay ranges from 50 GBP to 200 GBP for his part-time work. Since April 2020 he’s become a full fledged salaried person with the army BUT the mobilization is for Covid 19 for six months and could end when the government says so. So will this count towards meeting the requirement of “less than six months with the current employer”, needed for category B?

2. Shall I count his director of limited company salary as contributing towards income in the last 12 months? Without that I fear our calculation may fall short of the threshold.

3. Shall I count husband’s part-time army reserve pay in the last 12 months? Wouldn’t that just signal that he’s been employed with them for over six months?

Thanks for all your help. I think you’re right that I should give the limited company a massive dodge. But don’t we still have to declare it and would that open us up to further inquiry?

I really appreciate your guidance. (Heart)

Note: I’m sitting this evening to try and spreadsheet my way through this by tabulating dates, income streams, totals etc. I will have more clarity on this matter once I do that. We’ve just been spinning through this limited company thing so didn’t pay attention to category B

seagul wrote: ↑

Fri May 01, 2020 9:07 pm

Balrog wrote: ↑

Fri May 01, 2020 8:00 pm

.
3. He has earned approximately 25000 over the last 12 months

How much has he earned through paye employment excluding self employment during the last 12 months.

If you have earned at least £18600 during the last 12 months (excluding directorship) and similar income you have on the date of application then you may qualify under category B. Income from Directorship (self employment) won't be considered because it hasn't yet completed full financial year.

Thank you seagul. Between June 2019 and May 2020 husband has earned

Company that went into liquidation (payslips for June to September) - 8940 gross before tax.

Company he worked for as PAYE before becoming a limited company and working for them - 3066

Territorial army pay for all
Months June 2019 - April 2020 - 6357

NEW army pay (salaried) - 2000 pounds for April (gross) and will get 2000 pounds for May 2020.


He’s saying that the territorial army pay is separate from the current salaried pay as they are paid by different divisions of the security forces. So can we count them as separate employers is the question?

Now the issue is that his army contract is right now for six months but could be extended. We are trying to see if his regiment/battalion will give a letter etc saying his annual gross income will be xxxx (above the 18,600 threshold).

Does this sound ok to you? I think we meet step 2 of the category B specification and we haven’t used cash savings or directorship income at all.

Does the total income from all paye jobs is £18600?

Yes.

Also, I have one more question. My BRP is valid upto June 13, 2020. When is the latest I can apply for the visa before expiration? I still don't have an A2 test although I managed to book one for May 30, 2020. The IELTS had cancelled all tests since March. So I am trying to buy more time on this.

Balrog wrote: ↑

Sat May 02, 2020 4:41 pm

Yes.

Then try category B if his employer letter/contract can confirms his wages £18600 one the date of application. Don't include/count any income derived from directorship.

Balrog wrote: ↑

Sat May 02, 2020 4:41 pm

Also, I have one more question. My BRP is valid upto June 13, 2020. When is the latest I can apply for the visa before expiration? I still don't have an A2 test although I managed to book one for May 30, 2020. The IELTS had cancelled all tests since March. So I am trying to buy more time on this.

You can apply until the last day of expiry and once applied in timely you will be covered by section 3C regardless of when the UKVCAS centres reopens. If you have foreign degree then may consider naric assessment as they are operating remotely.

I'm looking into NARIC as well. So technically then I should be ok even if I apply on say 10 June 2020 for FLR(M). I will try my best to do it faster.

Balrog wrote: ↑

Sat May 02, 2020 7:30 pm

I'm looking into NARIC as well. So technically then I should be ok even if I apply on say 10 June 2020 for FLR(M). I will try my best to do it faster.

Yes

Balrog wrote: ↑

Sat May 02, 2020 9:51 am

3. Shall I count husband’s part-time army reserve pay in the last 12 months? Wouldn’t that just signal that he’s been employed with them for over six months?

The sponsor or applicant (where appropriate) could have been with their employer for a lifetime and still choose to meet the financial requirements using category B.

With at least six months with employer, there is a choice between category A & B where you can meet them.
Less than six months with employer, you've only got category B to look at as far as categories A & B are concerned.

Dear Korekt

Thank you. So my husband's army mobilization letter says mobilization for six months specifically. But his rank has an annual salary of 24000-26000 according to army employment rates. So if his mobilization letter (which we will show as "employment contract" because this is basically an ORDER for compulsory service) says six months and not twelve months, would that be a problem? We are hoping his higher ups in the service will be able to give a letter specifying how much a Lance Corporal makes annually. We can then attach this with the mobilization letter.

I also looked at the rules for category B carefully. So his army reserve pay is variable non-salaried income for the last decade (except for when they are formally mobilized which is when they become properly "salaried" for the duration of that mobilization AND have to quit whatever other job they may have by ORDER). Technically, the employer remains the Ministry of Defence. I think this is within the rules for category B.

I am hoping we can get that letter.

Dear Seagul

I noticed on another thread related to FLR(m) extension you wrote, "For example a weird requirement under category B is to have employer letter from previous employers."

Is an employer letter a sort of personal letter from the employer? Or did you mean old employment contract?

Balrog wrote: ↑

Sun May 03, 2020 5:57 pm

. I think this is within the rules for category B.

Salaried or none-salaried incomes both can be considered under category B. But if he has fixed salary and other overtime/bonuses/allowances then may fall under both (salaried & none-salaried).

Balrog wrote: ↑

Sun May 03, 2020 5:57 pm

So if his mobilization letter (which we will show as "employment contract" because this is basically an ORDER for compulsory service) says six months and not twelve months, would that be a problem?

It shouldn't be, if the required amount of £18,600 is met.

An employer letter that meets the below or similar is required and should be submitted in place of a contract.

Appendix FM-SE states
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).

Hello I have a quick question

I just received a NARIC email carrying my Statement of Comparability. But it says nothing about the English level for each of my qualifications. I am applying for the FLR(M). Will this be accepted by UKVI?

Thanks

Balrog.

Balrog wrote: ↑

Tue Jun 09, 2020 1:58 pm

Hello I have a quick question

I just received a NARIC email carrying my Statement of Comparability. But it says nothing about the English level for each of my qualifications. I am applying for the FLR(M). Will this be accepted by UKVI?

Thanks

Balrog.

Topics merged. Please keep all questions on the same application in one thread (this one).

How much did you pay for the NARIC assessment? Presumably you paid for the cheaper service of comparable assessment only.

You need BOTH comparable and English assessment, the UKVI NARIC Red Route option. Costs about £150.

Thank you. My deadline is on the 12th of June. I applied for this after being advised by NARIC on the phone on May 17th (after my IELTS test was cancelled). Then they sent me this letter without an English assessment. I don't know what to do.

Balrog wrote: ↑

Tue Jun 09, 2020 2:08 pm

Thank you. My deadline is on the 12th of June. I applied for this after being advised by NARIC on the phone on May 17th (after my IELTS test was cancelled). Then they sent me this letter without an English assessment. I don't know what to do.

How much did you pay for the assessment?

What deadline is the 12th June??

The NARIC webiste is very clear on what you need for visa and immigration purposes.