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Adequate maintenance help needed ILR

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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MKC2009
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ILR unusual payslips situation

Post by MKC2009 » Wed Jan 30, 2019 10:16 am

Hi,
I am about to apply for ILR. I have been with my current employer for the last 6 months. I have the following salary shown on my payslips:
Gross figures:
Sep 2018 - 1260.66
Oct 2018 - 2711.36
Nov 2018 - 1754.87
Dec 2018 - 1756.65
Jan 2019 - 1757.15
Feb 2019 - 1757.15 ( I'll get this as this is my normal salary without any overtime)

I started the job on the 1st of September 2018 and the employer paid me only for three weeks for the first month ie Sep 2018. The rest of the salary was added to the next month (Oct 2018) as shown above.
the trouble I have is that I cant wait for the March salary as my resident permit expires on 23rd of March 2019. This means I'll have to apply before that date and I will therefore not have March payslip as I get paid monthly and get payslips at the end of each month.

I know that Home Office will take the lowest figure to calculate my salary and that would lead to a figure below £18600 requirement.
Could you please advise me that how do I get around this as I clearly meet the financial requirement but due to an admin error I am stuck.
Does a letter from the employer explaining this will suffice?
Is there a way for me to apply after the resident permit expiry date so I can include March salary without having to apply for another extension visa?
Thanks.

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Re: ILR unusual payslips situation

Post by CR001 » Wed Jan 30, 2019 10:24 am

What "residence permit" visa exactly do you have??

Does your spouse work?
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MKC2009
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Re: ILR unusual payslips situation

Post by MKC2009 » Wed Jan 30, 2019 10:34 am

Thanks for quick reply. My partner doesn't work at the moment. I am on spouse visa. Just completed 5-year residency.

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Re: ILR unusual payslips situation

Post by MKC2009 » Thu Jan 31, 2019 9:46 am

Hi guys,
Hopefully someone can answer the above query.
Could I also ask if they assume I don’t meet financial requirement does that mean I have to travel back or will I be given another 2.5-year visa?

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Re: ILR unusual payslips situation

Post by shazekh » Thu Jan 31, 2019 2:58 pm

If it was an error then it should be under a different category in your payslip for october. Check your payslip for october and see how they have paid you the remainder of september pay in october. A letter from your employer explaining the error and confirmong your correct salary for september and october could be a good evidence around this. You can then explain yhis in your cover letter then too.

Another thing you could do, depending on company size and if its a small company sometimes they can get you your payslip before end of month i.e. before march 23rd. Speak with you accounts and see what they say.

You can NOT apply after expiry of visa as you’d be classed as illegal overstay. It has to be within 28 days before expiry.

They will decide on outcome of visa depending on circumstances and evidence so can not comment on if you will be given extension or asked to leave.

I’d suggest you get a letter from your employer explaining this error and confirming your correct salary for september and october and highlighting in payslip if it shows under different category.
Last edited by shazekh on Thu Jan 31, 2019 3:01 pm, edited 1 time in total.

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Re: ILR unusual payslips situation

Post by shazekh » Thu Jan 31, 2019 3:00 pm

shazekh wrote:
Thu Jan 31, 2019 2:58 pm
If it was an error then it should be under a different category in your payslip for october. Check your payslip for october and see how they have paid you the remainder of september pay in october. A letter from your employer explaining the error and confirmong your correct salary for september and october could be a good evidence around this. You can then explain yhis in your cover letter then too.

Another thing you could do, depending on company size and if its a small company sometimes they can get you your payslip before end of month i.e. before march 23rd. Speak with you accounts and see what they say.

You can NOT apply after expiry of visa as you’d be classed as illegal overstay. It has to be within 28 days ‘BEFORE’ expiry. TYPO CORRECTION

They will decide on outcome of visa depending on circumstances and evidence so can not comment on if you will be given extension or asked to leave.

I’d suggest you get a letter from your employer explaining this error and confirming your correct salary for september and october and highlighting in payslip if it shows under different category.

MKC2009
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Re: ILR unusual payslips situation

Post by MKC2009 » Thu Jan 31, 2019 6:38 pm

shazekh wrote:
Thu Jan 31, 2019 2:58 pm
If it was an error then it should be under a different category in your payslip for october. Check your payslip for october and see how they have paid you the remainder of september pay in october. A letter from your employer explaining the error and confirmong your correct salary for september and october could be a good evidence around this. You can then explain yhis in your cover letter then too.

Another thing you could do, depending on company size and if its a small company sometimes they can get you your payslip before end of month i.e. before march 23rd. Speak with you accounts and see what they say.

You can NOT apply after expiry of visa as you’d be classed as illegal overstay. It has to be within 28 days before expiry.

They will decide on outcome of visa depending on circumstances and evidence so can not comment on if you will be given extension or asked to leave.

I’d suggest you get a letter from your employer explaining this error and confirming your correct salary for september and october and highlighting in payslip if it shows under different category.
Thank you very much for the advice. I have already contacted accounts dept. I'll update the outcome as soon as I hear back from them.
Anyone else please add/share your opinions.

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Re: ILR unusual payslips situation

Post by MKC2009 » Tue Feb 26, 2019 4:08 pm

Hi guys,
I have an autistic child for whom we receive carer's allowance (middle rate). I have recently discovered that I may not need to meet financial requirements after all. The allowance is on my partner's name.
First of all could you please clarify that I don't need to meet the financial requirements after all and need to meet adequate maintenance instead?
Can I use council tax credit as part of the income when calculating adequate maintenance? How do I calculate to meet the requirements? Could you please help me with that and any extra information that we may need to supply. Thanks

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Adequate maintenance help needed ILR

Post by MKC2009 » Wed Feb 27, 2019 10:34 pm

Hi guys,
I am in need of urgent help. I am going to be applying for ILR within the next 2 weeks as my visa expires at the end of this month. I need to clarify couple of things. I'll be very grateful for any help or advice you may give.
I have recently discovered about adequate maintenance. My partner receives carers allowance for our disabled child. We also receive DLA for the child. I work full time.
When calculating the adequate maintenance do I need to be working for 6 months for the same employer? What is the requirement in terms of length of employment? Do I take average of those 6 months' salary?
I have looked around but can't find anything on this.
I know now thanks to this forum that I can use my income, Child benefit, Housing benefit, Tax Credits to calculate the net income ( ie A - B >= C ). My questions is can I include DLA, carer's allowance and council tax credit as well to calculate the net income?
Do I also need to include carers premium of £34.95 to calculate income support equivalent?
Thank you in advance

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Re: Adequate maintenance help needed ILR

Post by CULLINAN » Wed Feb 27, 2019 11:22 pm

MKC2009 wrote:
Wed Feb 27, 2019 10:34 pm
Hi guys,
I am in need of urgent help. I am going to be applying for ILR within the next 2 weeks as my visa expires at the end of this month. I need to clarify couple of things. I'll be very grateful for any help or advice you may give.
I have recently discovered about adequate maintenance. My partner receives carers allowance for our disabled child. We also receive DLA for the child. I work full time.
When calculating the adequate maintenance do I need to be working for 6 months for the same employer? What is the requirement in terms of length of employment? Do I take average of those 6 months' salary?
I have looked around but can't find anything on this.
I know now thanks to this forum that I can use my income, Child benefit, Housing benefit, Tax Credits to calculate the net income ( ie A - B >= C ). My questions is can I include DLA, carer's allowance and council tax credit as well to calculate the net income?
Do I also need to include carers premium of £34.95 to calculate income support equivalent?
Thank you in advance
What is your visa category?
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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Thu Feb 28, 2019 12:11 am

Set M. After completing 5 years residency as spouse.

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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Thu Feb 28, 2019 4:41 pm

Hi guys,
Any advice on calculating adequate maintenance

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Re: Adequate maintenance help needed ILR

Post by CR001 » Thu Feb 28, 2019 4:44 pm

Char (CR001 not Casa)
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MKC2009
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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Thu Feb 28, 2019 7:05 pm

CR001 wrote:
Thu Feb 28, 2019 4:44 pm
Page 15 in link below.

https://assets.publishing.service.gov.u ... _Final.pdf
Thank you very much CR001. I have read it again. It doesn't mention anything about income earning period. I am confused as how the income will be interpreted? I mean only last month's salary or average of 6-months' salaries?

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Re: Adequate maintenance help needed ILR

Post by shazekh » Thu Feb 28, 2019 8:30 pm


MKC2009
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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Mon Mar 04, 2019 3:20 pm

shazekh wrote:
Thu Feb 28, 2019 8:30 pm
Chk doc below...

https://assets.publishing.service.gov.u ... x_1_7A.pdf
Thanks

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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Mon Mar 04, 2019 3:25 pm

Do I include my British Citizen children to calculate income support?
I have 3 children. How much income support would we get? (One child also gets disable living allowance)

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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Mon Mar 18, 2019 8:57 pm

Thank you everyone for your help. I applied via super priority service and was granted ILR the very next day. Less than 24-hours. Received BRP today.
I met the requirement via 6-months employment route but also added adequate maintenance due to spouse receiving Carer's allowance.
I didn't get the answer as yes and no for most of my questions but that was great as people were very careful of giving the wrong information and pointed me to the gov.uk links to dig out the details.
All in all you guys are doing excellent work.
I am happy to answer any questions about my experience should anyone thinks it'd be helpful.
I have found out via this forum that I'm eligible for Naturalisation straight away and I was just looking at the application form.
Just wanted to know about 3-year residency period. Its strange that you have to spend 5-years to get ILR and 3-years residency for Naturalisation. It doesn't add up. I know if you're not married to British Citizen you'd need 5-year residency but that still doesn't make much sense.
One should be ale to apply straight for Naturalisation after completing 5-year residency. I think it's just getting an extra fee from the applicant.
Could someone clarify above for me please.
I thought employment was not a requirement for Naturalisation. I was thinking of applying for other jobs or maybe starting own small business. Will it have any effect on my Naturalisation application? Does one have to have a job to be eligible for employment? If I change employment whilst waiting for Naturalisation is that ok?

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Re: Adequate maintenance help needed ILR

Post by CR001 » Mon Mar 18, 2019 9:16 pm

Please ask your British citizenship questions in a new topic in the British citizenship sub forum, link below.

british-citizenship/
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Re: Adequate maintenance help needed ILR

Post by MKC2009 » Mon Mar 18, 2019 9:24 pm

ok. will do. Thanks

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