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FLR (m) potential loss of job close to renewal

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sqmeb
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FLR (m) potential loss of job close to renewal

Post by sqmeb » Thu Jan 05, 2023 1:54 am

FLR (m)

Hi all. Hoping someone can shed some light on our somewhat difficult situation.

Partner came in Oct 2020.
30 months from then would be April 2023 which is the earliest we can apply (I believe, correct me if I’m wrong, thanks).
BRP card expires 28th June 2023.

Job situation: partner has been employed full-time since October 2022 earning over 2K a month before tax.

Before this: partner was part-time employed, also took time off between August to September due to leg injury (which he was not paid for by previous job, so unpaid leave).

Current situation: partner finds out his job is closing down for a ”few weeks” as told by his boss two days ago. No definite time period given. Just “few weeks”. Boss agrees to give partner 2 weeks off as holiday starting from next week. The reason job is closing down for a ”few weeks” is because boss has issues with the property he’s renting from due to high cost. Now boss has said he wants to partner with business next door and keep my partner employed for sure, but can only do so if the two businesses manage to reach an agreement with the cost of services provided. This is all legitimate however it’s all dependable on costs.

With this in mind, if at the end of the ”few weeks”/2 weeks of paid holiday, my partner’s boss decides it’s too costly and shuts the business down, where does this leave my partner? He’ll definitely get another job ASAP elsewhere wherever it may be because he needs to earn anyway and for the visa costs and requirements.

However, he wouldn’t be employed continuously for six months by the same company. But if he manages to prove income each month for six months leading up to the FLR (m) renewal, would this be sufficient — even if it’s from two different companies?* At the moment he’s still employed. But it’s looking likely he won’t be employed by the same company if his boss can’t reach an agreement on business costs.

*With income requirement being shown from two different companies, would it be sufficient to show six months of income or would it have to be 12 months? This would cause us issues since he had a leg injury and was not paid by his ex employment.

As for myself: I am a full-time student. I was in full-time employment simultaneously from September 2022 to November 2022 but no longer in employment at the moment. I do receive student finance but not sure if this counts towards the income requirement.

No dependents.

Any help would be greatly appreciated.

Theresa2022
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Re: FLR (m) potential loss of job close to renewal

Post by Theresa2022 » Thu Jan 05, 2023 9:08 pm

It is not advisable that you apply before 01 June 2023 because you run the risk of having to make another FLR application to get the required 5 years before you get ILR. You can use payslips from different companies as long as they total 6 months and show adequate funds.

sqmeb
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Re: FLR (m) potential loss of job close to renewal

Post by sqmeb » Thu Jan 05, 2023 10:49 pm

Theresa2022 wrote:
Thu Jan 05, 2023 9:08 pm
It is not advisable that you apply before 01 June 2023 because you run the risk of having to make another FLR application to get the required 5 years before you get ILR. You can use payslips from different companies as long as they total 6 months and show adequate funds.
Thank you so much for your reply, Theresa. Feel a lot calmer and reassured about the visa now. We won’t apply before 1st June as you make a very valid point about the 5 years. Thanks again.

Korekt
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Re: FLR (m) potential loss of job close to renewal

Post by Korekt » Fri Jan 06, 2023 11:02 pm

Theresa2022 wrote:
Thu Jan 05, 2023 9:08 pm
It is not advisable that you apply before 01 June 2023 because you run the risk of having to make another FLR application to get the required 5 years before you get ILR.
It's ok for them to apply before the above date as the window to apply to avoid ILR shortfall would have opened.
You can use payslips from different companies as long as they total 6 months and show adequate funds.
Only if they have worked for each company 6 months or more.

If the above is not met, Category B is the only other option if meeting the financial requirement through PAYE income.
This requires meeting the threshold in their current job and having earned an amount meeting the threshold in the last 12 months prior to the date of application.
"Facts are sacred. Opinions are free."

sqmeb
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Re: FLR (m) potential loss of job close to renewal

Post by sqmeb » Fri Jan 27, 2023 2:06 pm

Thanks, Korekt. Appreciate your response.

I was wondering if it is still possible to apply under Cat A, with six months' payslips but with one month short, so it would be as follows -

Nov - £2100
Dec - £2300
Jan - £1089
Feb - £1800
Mar - £1800
Apr - £1800

January pay is short due to work closure. Work would be happy to write a cover letter explaining it closed.

Or would we have to apply under cat b with 12 months' payslips amounting to £18600?

Any guidance would be greatly appreciated.

sqmeb
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Re: FLR (m) potential loss of job close to renewal

Post by sqmeb » Fri Jan 27, 2023 2:24 pm

To add: paid an hourly fixed wage but the shifts change every week/two weeks.

AmazonianX
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Re: FLR (m) potential loss of job close to renewal

Post by AmazonianX » Fri Jan 27, 2023 4:05 pm

sqmeb wrote:
Fri Jan 27, 2023 2:06 pm
Thanks, Korekt. Appreciate your response.

I was wondering if it is still possible to apply under Cat A, with six months' payslips but with one month short, so it would be as follows -

Nov - £2100
Dec - £2300
Jan - £1089
Feb - £1800
Mar - £1800
Apr - £1800

January pay is short due to work closure. Work would be happy to write a cover letter explaining it closed
. If not at least £1,550 for each month of the 6 months to use, Cat A cannot be used and no letter can explain it away.
Or would we have to apply under cat b with 12 months' payslips amounting to £18600?

Any guidance would be greatly appreciated.
Cat B with 12months financial evidence

sqmeb
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Re: FLR (m) potential loss of job close to renewal

Post by sqmeb » Fri Jan 27, 2023 4:30 pm

Thanks, AmazonianX.

Is this still the case if he is non-salaried? He doesn't have a fixed yearly wage, and is paid per hours worked, and so each week varies in hours worked.

If not, then thank you, we will go with cat b with 12 months' financial evidence.

sqmeb
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Re: FLR (m) potential loss of job close to renewal

Post by sqmeb » Fri Jan 27, 2023 6:54 pm

To add on to the above, I’ve taken a look at my partner’s work contract and it states he’s an hourly worker, and that:

“Your normal working week will vary with the needs of the operation and will be an approximate average between 40 hours and 45 hours according to the weekly shift rota or other arrangements notified to you”

His contract does not state he will earn a fixed annual salary, rather it states his basic gross salary per hour and his work schedule is based on the business needs so his shifts change often. I’m hoping that makes him non-salaried? By the time we apply in April, he will have been with the company more than six months. He also gets paid the last Friday of every month or thereabouts.

Many thanks once again for any help.

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