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Hi. Can anyone provide some clarity please? I am my husband's sponsor. We are applying for ILR following five years in the UK. I believe we fall under cat B. I work for someone and send him an invoice each month for whatever number of hours I've worked. He then pays me. So, I don't have a contract nor am I employed, as such. I can evidence 12 months working for him, just waiting for my self-assessment. As the total over the last 12 months doesn't meet the requirement, I am combining this with Cat C.

Also, do you need to provide payslips?

Does the above sound right please??!

Thanks, Jo

joannaanthony wrote: ↑

Sat Oct 24, 2020 12:48 pm

I believe we fall under cat B. I work for someone and send him an invoice each month for whatever number of hours I've worked. He then pays me. So, I don't have a contract nor am I employed, as such. I can evidence 12 months working for him,

If there is no employment contract and no employer tax deduction under paye system then it won't be counted at least a paye job for giving rise to category A/B.

Thanks for your response. I am still unclear. I took the following example from Appendix FM. Example (c):

The applicant’s partner lives in the UK and is a fashion photographer who does
short-term contract work for several agencies. He has periods without work and the
amount he is paid varies from job to job. Over the last 12 months he has earned a
total of £20,000. In the most recent 6 months his gross earnings are as follows:
£3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting
the financial requirement under Category B non-salaried employment.

joannaanthony wrote: ↑

Sat Oct 24, 2020 3:22 pm

Thanks for your response. I am still unclear. I took the following example from Appendix FM. Example (c):

The applicant’s partner lives in the UK and is a fashion photographer who does
short-term contract work for several agencies. He has periods without work and the
amount he is paid varies from job to job. Over the last 12 months he has earned a
total of £20,000. In the most recent 6 months his gross earnings are as follows:
£3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting
the financial requirement under Category B non-salaried employment.

joannaanthony wrote: ↑

Sat Oct 24, 2020 12:48 pm

So, I don't have a contract nor am I employed, as such

OK, thanks.

The photographer would have provided invoices. If the visa relies on the past six months evidence, won't my invoices and evidence of payment be enough?

Would a verbal contract apply? I have a verbal contract for an hourly rate, and at the end of each month, I invoice with the hours worked, which varies from month to month.

I've been working for the same person for 18 months. He provides me with a laptop and phone, and we plan on having a long-term working partnership.

Would an offer letter for contract employment help?

The other possibility is to use earnings from Cat C. However, this requires significantly more paperwork. I thought I could take a simpler route!!

Thanks for your time!

joannaanthony wrote: ↑

Sun Oct 25, 2020 8:27 am

Would a verbal contract apply? I have a verbal contract for an hourly rate,

Immigration rules don't rely on any implicit evidence rather on explicit & tangible one.

joannaanthony wrote: ↑

Sun Oct 25, 2020 8:27 am

Would an offer letter for contract employment help?

How would it cover you retrospectively

joannaanthony wrote: ↑

Sun Oct 25, 2020 8:27 am

The other possibility is to use earnings from Cat C. However, this requires significantly more paperwork. I thought I could take a simpler route!!

Thanks for your time!

It won't come within the remit even touches the periphery of category C. Check the official guidance and see few examples there.

Sorry, I meant I can apply using Cat C instead.... I meet the criteria. I just wanted to use B as it seemed simpler... It appears not!