Help please. Qualifying period for ILR SETM application

[vaibhavg18mau]

Hello

I have a online form query for my wife’s ILR. She is currently on maternity leave.

Background info: She is permanently employed and working since june 2021. She went on maternity leave on 01May2022 and will return to work in Feb 2023. She gets around 800 pounds a month as maternity allowance. Her overall salary is well above the threshold. I am using her income to meet financial requirements. I am relying on her income and not my income for meeting financial requirement. Set M. spouse 5 year route. I am British Citizem.

I am in finance section of the application and i am Not sure which option should i select?

Employment or Non-employment income?


Thank you for your time and help.

[zimba]

It should be employment

Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has
been so in the 6 months prior to the date of application, the relevant date for
considering the length of employment and the income from the employment can be
either:

• the date of application
• the date of commencement of the maternity, paternity, adoption or sick leave

But the specified time periods for any other sources of income that are being
combined with the employment income will remain as otherwise set out in Appendix
FM-SE and this guidance.

READ the guide: https://assets.publishing.service.gov.u ... rement.pdf

[vaibhavg18mau]

thank you ZImba for your swift response. Really very much appreciated. Please can I ask follow up question:

doe she meet financial requirement even if she is only paid £800 a month maternity pay at the moment? her actual salary is 55k per annum.

[vaibhavg18mau]

sorry I have another question. I selected employment and if I select that I get following option. Which option should I select?

she earned 3k a month before maternity and during maternity its 800 pounds a month.

thanks

[zimba]

thank you ZImba for your swift response. Really very much appreciated. Please can I ask follow up question:

doe she meet financial requirement even if she is only paid £800 a month maternity pay at the moment? her actual salary is 55k per annum.

Did you read the guide ? Did you even pay attention to the quoted material ??? The guide tells you that she is treated for salary calculation based on her status before going on maternity. READ THE GUIDE

[vaibhavg18mau]

Apologies for repeat question. I did read the guide but I wanted to make sure that I have understood the wording correctly. Thank you again for your help

[vaibhavg18mau]

Qualifying period query:

Hi
Application: Set M (she was on spouse visa, spouse of British Citizen)
Date on initial BRP entry clearance: 06-Nov-2017
Date first entry to UK: 02-Dec-2017
Current spouse visa expiry: 23-Mar-2022

Please can I check if my understanding is correct? So qualifying period will start from 06-Nov-2017? And my wife can apply 28 days before 06-Nov-2022? I.e from 9Oct2022?

Or it will be 28days before her entry to UK?

Please let me know if my understanding is correct?

Thank you

[vaibhavg18mau]

Sorry current visa expiry is 23Mar2023

[zimba]

DO NOT start a new post for your question on this application Stick to this thread
For SET(M) the qualifying period starts from the first entry date to the UK

[vaibhavg18mau]

Thank you Zimba for your quick answer. If I have any further question I will use this thread only. Kind regards