Meeting MIR in less than 6 mos

[DanaMarie]

Gurus/mods, a question for you.

If the sponsor is in a new job in the UK and meets the MIR in five months (with no prior income in the preceding 7 months), then all they need to supply is that five months of slips correct? The previous supporting evidence guidance document (dated 9/12) which specified a minimum of six payslips was archived this past November and has not been replaced. Appendix FM-SE in paragraph 2 states that the evidence should be payslips covering: "(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months " of which "any period of 12 months" is the key requirement it seems.

I'm aware that historically the guidance was that a minimum of six months' payslips were required (which was seemingly in conflict with the FM-SE once it was updated which is maybe why that document was archived, because there was definitely a lot of incorrect information in it) but I cannot find anywhere in a current source which states that requirement. Freemovement.org.uk seems to confirm with their Cat B examples that you need only provide whatever the number of slips which meet the MIR assuming you meet both 1 and 2 parts of that category through the new job.

Thoughts?

[CR001]

Minimum 6 months evidence is mandatory, nothing has changed in this regard.

[geoeng]

My thoughts are that, for Category B, the immigration rules do not state a minimum period of employment with corresponding specified evidence is required, only that current salary at the date of application and total income in the 12 months prior to applying must both meet the financial requirement. This is based on paragraphs 2.(a)(ii), 13.(b)(i) and 15.(b).(i) of Appendix FM-SE, which suggests 5 months of payslips would be adequate if that covered all periods of salaried employment in the 12 months prior to applying and meets the financial requirement under Category B.

[TODMATT]

The guidance has NOT changed. Appendix FM SE still ask for payslips in the period of 6 months upon condition that you have been with the employer for 6 months or more under CAT A salaried or Non salaried.

In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: (a) Payslips covering: (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);


Para 13(b) is speaking about CAT B " any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for" less than 6 months"

[Branchard]

@CR001 - Can you prove your statement as it applies to what is being asked about a person who has been with their employer for less than 6 months under Category B? Thanks!

@TODMAT - The post is asking about a person in a job for less than 6 months. So your first two sentence are irrelevant:

The guidance has NOT changed. Appendix FM SE still ask for payslips in the period of 6 months upon condition that you have been with the employer for 6 months or more under CAT A salaried or Non salaried.

In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: (a) Payslips covering: (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);


Can anyone else way in on this with confirmation or denial?

[TODMATT]

@CR001 - Can you prove your statement as it applies to what is being asked about a person who has been with their employer for less than 6 months under Category B? Thanks!

@TODMAT - The post is asking about a person in a job for less than 6 months. So your first two sentence are irrelevant:

The guidance has NOT changed. Appendix FM SE still ask for payslips in the period of 6 months upon condition that you have been with the employer for 6 months or more under CAT A salaried or Non salaried.

In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: (a) Payslips covering: (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);


Can anyone else way in on this with confirmation or denial?

Nonsense!!! I am aware what the OP is asking about. I am pointing the key important thing about the amount of payslips are eeded under each catergory as well the guidance has NOT changed.

CAT A salaried or Non required 6 months payslips
CAT B has two conditions

1. Must curently be earning £18,600.
2. Must have earned £18,600 in the period of 12 months.

If OP can satisify the 2 conditions above under paragraph 13(b) with 5 payslips then I do not see why OP can't meet the requirement.

Here is an example.

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. Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400 Under part (2) of Category B, the applicant’s partner’s actual employment income over last 12 months = £20,000 So both part (1) and part (2) of Category B are met.

[Branchard]

@CR001 - Can you prove your statement as it applies to what is being asked about a person who has been with their employer for less than 6 months under Category B? Thanks!

@TODMAT - The post is asking about a person in a job for less than 6 months. So your first two sentence are irrelevant:

The guidance has NOT changed. Appendix FM SE still ask for payslips in the period of 6 months upon condition that you have been with the employer for 6 months or more under CAT A salaried or Non salaried.

In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: (a) Payslips covering: (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);


Can anyone else way in on this with confirmation or denial?

Nonsense!!! I am aware what the OP is asking about. I am pointing the key important thing about the amount of payslips are eeded under each catergory as well the guidance has NOT changed.

CAT A salaried or Non required 6 months payslips
CAT B has two conditions

1. Must curently be earning £18,600.
2. Must have earned £18,600 in the period of 12 months.

If OP can satisify the 2 conditions above under paragraph 13(b) with 5 payslips then I do not see why OP can't meet the requirement.

Here is an example.

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. Under part (1) of Category B, the applicant’s partner’s current annual employment income = (gross earnings over the last 6 months, divided by 6) multiplied by 12 = ((3500+0+0+2300+3400+500) ÷ 6) x 12 = (9,700 ÷ 6) x 12 = £19,400 Under part (2) of Category B, the applicant’s partner’s actual employment income over last 12 months = £20,000 So both part (1) and part (2) of Category B are met.

It's not nonsense to say that your first two sentences about Category A were irrelevant to the original post. The OP was clearly asking about Category B

[DanaMarie]

Minimum 6 months evidence is mandatory, nothing has changed in this regard.

I've confirmed with a highly regarded immigration solicitor in the UK that the requirement is not 6 months mandatory for Category B. The guidance is often incorrectly interpreted but for Category B, up to 12 months of payslips can be used to meet the income requirement. So as per the FM-SE rules, the requirement is indeed "any part of the 12 month period" so if the MIR is met in 2 months or in 10 months all that needs to be submitted are the payslips which reflect that.

To me this is quite a change as it seems many forums parrot the same information, as have I, that you must have 6 months of payslips no matter the category. But between thoroughly reading FM-SE, FreeMovement.org.uk (which is clearly a reputable info source), and speaking with the solicitor (who is widely known and proven successful) I believe that clarifies the question. Every day's a school day I guess!