ILR Set (M) - 6 Months Employment flexibility?

[Saidul_H]

Hi Forum,

I am sponsoring my wife's ILR Set (M) application. She is on the 5-year settlement route. She arrived in the UK on 02/02/2014, so will reach her 5 years on 02/02/2019. Her current spouse visa expires on the 02/03/2019.

She will be using my salaried income for the financial requirement. However, I have been with my current employer since 29/08/2018, so will achieve 6 months employment with them on the 28/02/2019. My pay and payslips are issued on the 25th of each month, so I will be able to show 6 months pay on the 25/02/2019.

The guidance notes say "...and has been with the same employer for at least 6 months prior to the date of application." and then goes on to say "... must have been paid throughout the period of 6 months prior to the date of application...".

So my question is, is there any flexibility in that statement "prior to the date of application" when should my wife submit her application? On the 25/02/2019 or 28/02/2019 or the 01/03/2019? Bearing in mind her existing visa expires on the 02/03/2019!

I was not working for the 8 months prior to starting my current employment due to some health issues, so cannot show 12 months of employment/payslips.

Thank you in advance.

[Casa]

Once you have 6 months of payslips + the corresponding bank statements, providing the application is submitted before the current visa expires. There is no flexibility in the 6 months income evidence.

[Saidul_H]

Thank you for the prompt response. I have one further point for clarification if I may please?

At what point is your application deemed as submitted? Is it after you have completed the online form, before attending the appointment with Sopra Steria, or is it after you have attended the appointment with Sopra Steria?

Thank you once again.

[CR001]

Thank you for the prompt response. I have one further point for clarification if I may please?

At what point is your application deemed as submitted? Is it after you have completed the online form, before attending the appointment with Sopra Steria, or is it after you have attended the appointment with Sopra Steria?

Thank you once again.

Date of online payment and submission, so make sure this date is within the 28 days before the 5th anniversary of the entry date to the UK.

[Saidul_H]

Thank you for the response, however, you've said, "... so make sure this date is within the 28 days before the 5th anniversary of the entry date to the UK."

I'm confused, why does this date need to be WITHIN the 28 days before the 5th Anniversary? I've previously stated the date of my wife's entry into the UK as being 02/02/2014, which has now passed the 5th anniversary. Her spouse visa is due to expire on the 02/03/2019 and I will have 6 months payslips on the 25/02/2019.

I was under the impression from the first response that I needed to ensure we had submitted the application before her current visa expires?

I would appreciate the clarification. Thank you once again.

[CR001]

so make sure this date is within the 28 days before the 5th anniversary of the entry date to the UK."

That is the EARLIEST she can apply OR she can apply at ANY point before her visa expires!!