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ILR after 5 years financial requirements

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nasir169
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Combining category F income with with non-salaried employment

Post by nasir169 » Wed Feb 10, 2021 6:37 pm

Hello,
We are applying my partner ILR in September 2021. I am a self-employed and my partner is non-salaried employee. In the guidelines it says:

"Where a couple are using their joint income to meet the financial requirement, all of
this income must fall within the financial year(s) being relied on and must still be a
source of income at the time of application. For example, if the applicant is in the UK
with permission to work, to combine their salaried employment income with their
partner’s self-employment income, they must provide evidence of the income
received from this salaried employment during their self-employed partner’s relevant
financial year(s) and evidence of ongoing employment at the date of application."


Please if you can help me to understand the above. As my financial year is from April 2019 to April 2020 and if
we combine my partner's pay slips with that, will these not be older then 28 days?

Regards
Nasir

TODMATT
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Re: Combining category F income with with non-salaried employment

Post by TODMATT » Thu Feb 11, 2021 11:49 am

nasir169 wrote:
Wed Feb 10, 2021 6:37 pm
Hello,
We are applying my partner ILR in September 2021. I am a self-employed and my partner is non-salaried employee. In the guidelines it says:

"Where a couple are using their joint income to meet the financial requirement, all of
this income must fall within the financial year(s) being relied on and must still be a
source of income at the time of application. For example, if the applicant is in the UK
with permission to work, to combine their salaried employment income with their
partner’s self-employment income, they must provide evidence of the income
received from this salaried employment during their self-employed partner’s relevant
financial year(s) and evidence of ongoing employment at the date of application."


Please if you can help me to understand the above. As my financial year is from April 2019 to April 2020 and if
we combine my partner's pay slips with that, will these not be older then 28 days?

Regards
Nasir
The most recent financial year in September will not be April 19 to April 2020 but April 20 to April 2021 up so therefore if you are intending on using income of your partner then it must be within your most recent financial year. Both Self employed and your partner's must still be a source of income at the date of the application. 28 days does not apply here to CAT F since you would be using evidence of the past.
My opinions should not be constituted as an immigration or legal advice.

nasir169
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Posts: 13
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Re: Combining category F income with with non-salaried employment

Post by nasir169 » Thu Feb 11, 2021 1:09 pm

Thank you for the help. My income from April 20 to April 21 will be about £14000 and my partner monthly is £1000. What I have understood from your reply is that we need to send my income evidence from April 20 to April 21 and my partner's income from November 2020 to April 2021.

Can you please guide me little bit more about the following:
1) Does my partner's income from April 2021 to September 2021 will be considered in Application or we just need to prove that she is still in the same job?
2) As you mentioned that "28 days does not apply here to CAT F since you would be using evidence of the past.", won't my partner's income evidence also will older that 28 days?

Regards
Nasir

nasir169
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Posts: 13
Joined: Wed Feb 10, 2021 6:16 pm

Re: Combining category F income with with non-salaried employment

Post by nasir169 » Thu Feb 11, 2021 2:02 pm

TODMATT wrote:
Thu Feb 11, 2021 11:49 am
nasir169 wrote:
Wed Feb 10, 2021 6:37 pm
Hello,
We are applying my partner ILR in September 2021. I am a self-employed and my partner is non-salaried employee. In the guidelines it says:

"Where a couple are using their joint income to meet the financial requirement, all of
this income must fall within the financial year(s) being relied on and must still be a
source of income at the time of application. For example, if the applicant is in the UK
with permission to work, to combine their salaried employment income with their
partner’s self-employment income, they must provide evidence of the income
received from this salaried employment during their self-employed partner’s relevant
financial year(s) and evidence of ongoing employment at the date of application."


Please if you can help me to understand the above. As my financial year is from April 2019 to April 2020 and if
we combine my partner's pay slips with that, will these not be older then 28 days?

Regards
Nasir
The most recent financial year in September will not be April 19 to April 2020 but April 20 to April 2021 up so therefore if you are intending on using income of your partner then it must be within your most recent financial year. Both Self employed and your partner's must still be a source of income at the date of the application. 28 days does not apply here to CAT F since you would be using evidence of the past.
Thank you for the help. My income from April 20 to April 21 will be about £14000 and my partner monthly is £1000. What I have understood from your reply is that we need to send my income evidence from April 20 to April 21 and my partner's income from November 2020 to April 2021.

Can you please guide me little bit more about the following:
1) Does my partner's income from April 2021 to September 2021 will be considered in Application or we just need to prove that she is still in the same job?
2) As you mentioned that "28 days does not apply here to CAT F since you would be using evidence of the past.", won't my partner's income evidence also will older that 28 days?

Regards
Nasi

TODMATT
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Re: Combining category F income with with non-salaried employment

Post by TODMATT » Thu Feb 11, 2021 6:47 pm

1. Both of your income still does not amount to £18,600 when combined together? Remember it is the NET profit after all expenses have been deducted that is counted towards self employed income.

2.You just need to show evidence of on going employment at the date of the application. The Appendix FM-SE didn't emphasize much on what documents is required but i would include letter explaining the evidence which suggest an ongoing employment for your partner in form of current payslip, bank statement and employment letter.

3. Current payslip, bank statement and employment letter, All of the above should be within the 28 days rule to depict your partner current pay.

CAT F and CAT A combination are complex route but just a detailed cover are always the best to explain how requirement is met.
My opinions should not be constituted as an immigration or legal advice.

nasir169
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Re: Combining category F income with with non-salaried employment

Post by nasir169 » Thu Feb 11, 2021 7:01 pm

TODMATT wrote:
Thu Feb 11, 2021 6:47 pm
1. Both of your income still does not amount to £18,600 when combined together? Remember it is the NET profit after all expenses have been deducted that is counted towards self employed income.

2.You just need to show evidence of on going employment at the date of the application. The Appendix FM-SE didn't emphasize much on what documents is required but i would include letter explaining the evidence which suggest an ongoing employment for your partner in form of current payslip, bank statement and employment letter.

3. Current payslip, bank statement and employment letter, All of the above should be within the 28 days rule to depict your partner current pay.

CAT F and CAT A combination are complex route but just a detailed cover are always the best to explain how requirement is met.
Thank you so much for the reply, it was very helpful. God bless you.

nasir169
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2 pay slips in one month

Post by nasir169 » Sun Aug 01, 2021 12:05 pm

We are applying for my wife ILR in September 2021, but need some help.
My wife was transferred from one branch to other branch with in the same company in March 2021, in that month she received pay from both branches, which combined is more than £1550.
branch A months starts 7 days earlier than branch B, Pay slip(end of month) dates for A is March 28th and for B is April 4. Apart from that, employer name on pay slips is same.
Can we combine these 2 pay slips together to fulfill the requirements.
Thank you.

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Re: 2 pay slips in one month

Post by zimba » Sun Aug 01, 2021 10:17 pm

If it is the same employer then there is nothing to combine. That is the salary
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

nasir169
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Re: 2 pay slips in one month

Post by nasir169 » Mon Aug 02, 2021 11:06 am

Thank you for your help :)

nasir169
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ILR after 5 years route-Periodic tenancy

Post by nasir169 » Wed Oct 06, 2021 11:56 am

We currently live in a rented property from a letting agent. We did a Assured Shorthold tenancy (AST) agreement in April 2019 which expired in April 2020 and then it became Periodic Tenancy. Will there be any problem if we provide the expired agreement for the ILR application or do we need to get new one from letting agent?
Thank you

AmazonianX
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Re: ILR after 5 years route-Periodic tenancy

Post by AmazonianX » Wed Oct 06, 2021 12:21 pm

nasir169 wrote:
Wed Oct 06, 2021 11:56 am
We currently live in a rented property from a letting agent. We did a Assured Shorthold tenancy (AST) agreement in April 2019 which expired in April 2020 and then it became Periodic Tenancy. Will there be any problem if we provide the expired agreement for the ILR application or do we need to get new one from letting agent?
Thank you
There won't be a problem. Your AST becomes a rolling contract/tenancy. Providing the agreement will not negatively impact your application.

nasir169
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Re: ILR after 5 years route-Periodic tenancy

Post by nasir169 » Wed Oct 13, 2021 10:12 am

Thank you so much.

nasir169
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ILR after 5 years financial requirements

Post by nasir169 » Wed Oct 13, 2021 10:44 am

I need some help to select the option in employment section. My wife is doing non-salaried job and she is with the employer for more then 6 months and in last six months her monthly incomes were
£1,574.04, £1,755.66, £1,574.04, £1,715.05, £2,249.99, £1,755.81. On application form there are 4 options:
1) The same amount continuously, above the financial requirement amount
2) The same amount continuously, below the financial requirement amount
3) Not the same amount continuously, above the financial requirement amount
4) Not the same amount continuously, below the financial requirement amount
According to my understanding we have to select option 3 (please correct me if I am wrong). In the "Evidence required" section it ask for the following:

"Payslips covering any period of salaried employment (current and previous) in the period of 6 months prior to the date of application

A letter from the employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)

Personal bank statements corresponding to the same period(s) as the payslips 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".
I am not clear about the above high lighted wordings. As she is doing work on weekly rota bases why they asked for the "salaired employment"? and what does (current and previous) means if she is with the same employer?,
In point 2 what will be the gross annual salary ( the real income which she has earned in the last 12 months or the income which we calculate with the formula, i-e earnings over the six mmonths devided by 6 and multiply by 12)?.
and please explain point 4 aswell.
Thank you so much.

manci
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Re: ILR after 5 years financial requirements

Post by manci » Wed Oct 13, 2021 3:14 pm

Please read the guidance, particularly p19-20. This will answer most of your questions:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Personal opinion, not professional or legal advice

nasir169
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Re: ILR after 5 years financial requirements

Post by nasir169 » Wed Oct 13, 2021 6:32 pm

manci wrote:
Wed Oct 13, 2021 3:14 pm
Please read the guidance, particularly p19-20. This will answer most of your questions:
https://assets.publishing.service.gov.u ... .0-ext.pdf
Thank you for the help

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Re: ILR after 5 years financial requirements

Post by CR001 » Wed Oct 13, 2021 6:37 pm

All topics merged. Please keep ALL questions in one topic, this one. Please do not post ILR queries in the Immigration for family sub forum.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

TODMATT
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Re: ILR after 5 years financial requirements

Post by TODMATT » Wed Oct 13, 2021 6:40 pm

nasir169 wrote:
Wed Oct 13, 2021 10:44 am
I need some help to select the option in employment section. My wife is doing non-salaried job and she is with the employer for more then 6 months and in last six months her monthly incomes were
£1,574.04, £1,755.66, £1,574.04, £1,715.05, £2,249.99, £1,755.81. On application form there are 4 options:
1) The same amount continuously, above the financial requirement amount
2) The same amount continuously, below the financial requirement amount
3) Not the same amount continuously, above the financial requirement amount
4) Not the same amount continuously, below the financial requirement amount
According to my understanding we have to select option 3 (please correct me if I am wrong). In the "Evidence required" section it ask for the following:

"Payslips covering any period of salaried employment (current and previous) in the period of 6 months prior to the date of application

A letter from the employer(s) who issued the payslips confirming
1. the employment;
2. the gross annual salary;
3. how long the employment has been/was held;
4. the period over which the person has been paid the level of salary stated in their application; and
5. the type of employment (permanent, fixed-term contract or agency)

Personal bank statements corresponding to the same period(s) as the payslips 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".
I am not clear about the above high lighted wordings. As she is doing work on weekly rota bases why they asked for the "salaired employment"? and what does (current and previous) means if she is with the same employer?,
In point 2 what will be the gross annual salary ( the real income which she has earned in the last 12 months or the income which we calculate with the formula, i-e earnings over the six mmonths devided by 6 and multiply by 12)?.
and please explain point 4 aswell.
Thank you so much.
Don’t complicate things! It is only people who are applying under CAT B that will need to provide payslips duri that period which can be from current a and previous employer.

The application form has been designed poorly and seem to think that every must submit 12 months payslips.

The link @Manci posted above will answer your question.

If employed for 6 months or more, you are required to submit 6 months payslips where you are paid monthly.

The options listed above are sometimes generic because I saw cases where someone ticked option 3 and requirements 6 months payslips while option 1, I also saw someone submit 6 months payslips and both of them have been successful.

It doesn’t matter which option whether you select option 1 or 3 provided you have been employed for the relevant period and submit 6 months payslips, you are ok.

Good luck
My opinions should not be constituted as an immigration or legal advice.

nasir169
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Re: ILR after 5 years financial requirements

Post by nasir169 » Wed Oct 13, 2021 7:15 pm

Thank you everyone for the help.

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