ILR Set M application with job offer but unemployed at time of application

[Janedoe35]

Hi All,

Both my husband and I were in salaried employment during the 12 month period immediately preceeding his application, but he lost his job in July (last payslip August) and I left my job to run my own limited company in January 2023 but only started trading in June 2023

Please see below what we have provided to HO - will we be ok? considering neither of us in salaried employment at the date of application but he has a job offer starting next month and i have been working through the company since June. All evidence meet the £18,600 comfortably, but I can't use the company docs (only trading 3 months) and tax docs not yet filed. my previous salary comfortably meets this too but our main issue is it's not "current" employment

In order to satisfy the Financial requirement, we have provided:
1. Evidence provided for **Applicant** salaried employment for the period 23rd Jan 2023 to 27th July 2023:
Payslips for the period Feb 2023 - Aug 2023
Bank statements for the period Feb 2023 - Aug 2023
Employment contract with **Previous employer** dated November 2022
P45 from **Previous employer** dated 23rd Aug 2023
P60 from **Previous employer** for tax year 2022-23
Email from **Previous employer** directing Home Office to apply for the applicant's employment details on their website as they would not provide a letter directly to us for an employment that had already ended
HMRC Self Assessment Tax calculation for 2022-23
New Offer of Employment from **New employer** (start date 30th Oct 2023)

2. The applicant lost his job on 27th July 2023 and his last pay date was 23rd August 2023. Therefore the above evidence (although it satisfies the £18,600 minimum income requirement-see table below) does not relate to current employment. **Applicant** will return to work with a new employer on 30th Oct 2023 with a starting salary of £28,579.20 - offer letter has been provided.

Bank pmt date Net pay (matches bank statement) Gross Pay Subtotal Previous 6 months Comments
27-Feb-23 1,833.03 2,416.85 agrees to P60 and Self Assessment tax calculation value of £4,303.38 for tax year 2022-23
27-Mar-23 1,489.31 1,886.53 1,886.53
4,303.38
27-Apr-23 1,470.38 1,854.34 1,854.34 agrees to P45 value of £7,534.05
26-May-23 1,331.69 1,650.83 1,650.83
27-Jun-23 1,836.46 2,392.84 2,392.84
27-Jul-23 1,273.08 1,564.68 1,564.68
25-Aug-23 57.16 71.36 71.36
7,534.05
6 months (Mar-Aug) grossed up to 12 months 18,841.16 £18,600 minimum requirement met

3. Evidence provided for **Applicant's spouse** **Applicant's spouse** (applicant's wife) salaried employment for the 12 month period preceeding the application (Sep 2022 - Aug 2023). **Applicant's spouse** left salaried employment on 6th January 2023:
Payslips for the period Sep 2022 - Jan 2023
Bank statements for the period Sep 2022 - Jan 2023
Letter from **Wife's previous employer** t/a **Wife's previous employer** confirming employment dates, salary information etc.
P45 from **Wife's previous employer** dated 17th Jan 2023
Offer of employment from **Wife's previous employer** t/a **Wife's previous employer** dated 17th Jun 2022
Letter from **Wife's previous employer** t/a **Wife's previous employer** accepting resignation dated 6th Jan 2023
P60 for tax year 2021-22

4. The applicant's wife left her salaried employment on 6th January 2023 as per resignation acceptance letter from **Wife's previous employer** dated 6th January 2023. Therefore the above evidence (although again satisfying the £18,600 minimum income requirement-see table below) does not relate to current employment. As evidenced in her P45 and P60, **Applicant's spouse**'s salary from employment was £62,348.83 for tax year 2022-23 and £67,736.50 for tax year 2021-2022.

Bank pmt date Net pay (matches bank statement) Gross Pay P45 Value (2023) P60 Value (2022) Comments
23-Sep-23 3,841.72 5,416.67
25-Oct-23 3,841.73 5,416.67
25-Nov-23 3,895.93 5,416.67
23-Dec-23 3,877.31 5,383.79
25-Jan-23 1,709.16 1,116.66
Total over previous 12 months 22,750.46 62,348.83 67,736.50 £18,600 minimum requirement met

5. **Applicant's spouse** left her salaried employment mainly because of her mental health and issues with her HRT treatment for early menopause. Later in the year (August 2023) she was diagnosed with breast cancer and had a mastectomy on 12th September 2023. As a result of her diagnosis, **Applicant** did not immediately apply for new jobs so that he could care for her after her surgery.

6. **Applicant's spouse** incorporated **XXX Limited** on xx December 2022, with a view to working flexibly as a freelancer whilst dealing with her health issues. She is the sole company director and shareholder and the income derived from the business would again satisfy the minimum income requirement of £18,600 per annum. However, the business has only been operational for a few months and as such has not yet filed any tax returns or company accounts with HMRC. As a result, the couple is not able to provide all of the evidence required under Appendix FM-SE Categories F and G, for her current self-employment.

7. Evidence provided for **Applicant's spouse** as sole Director and Shareholder of **XXX Limited***:
Company certificate of Incorporation
Company information from Companies house dated 21st Sep 2023
Company registration for PAYE dated 8th Jun 2023
Company VAT certificate dated 21st Sep 2023
Company bank statements for the period Jun 2023 - Sep 2023
Invoices to clients corresponding to bank receipts for the period Jun 2023 - Sep 2023

Over a 3 month period of operating **XXX Limited***, we have evidenced the following bank receipts with Business Bank statements and copies of the Invoices from the company for which each payment has been received.

Bank pmt date Company Invoiced Invoice No. Paid Net VAT Gross Comments
23-Jun-23 123 Ltd 1 1,125.00 225.00 1,350.00
23-Jun-23 124 Ltd 2 3,400.00 680.00 4,080.00
30-Jun-23 125 Ltd 3 1,125.00 225.00 1,350.00
07-Jul-23 126 Ltd 4 1,125.00 225.00 1,350.00
21-Jul-23 127 Ltd 5 1,125.00 225.00 1,350.00
31-Jul-23 128 Ltd 6 1,875.00 375.00 2,250.00
31-Jul-23 129 Ltd 7 3,187.50 637.50 3,825.00
04-Aug-23 130 Ltd 8 1,500.00 300.00 1,800.00 bank statement value of £2,700
04-Aug-23 131 Ltd 9 750.00 150.00 900.00
01-Sep-23 132 Ltd 10 1,125.00 225.00 1,350.00
08-Sep-23 133 Ltd 11 1,125.00 225.00 1,350.00
15-Sep-23 134 Ltd 12 1,700.00 340.00 2,040.00
21-Sep-23 135 Ltd 13 2,550.00 510.00 3,060.00
Total over 3 months 21,712.50 £18.6k min requirement met
Gross up for 12 mths 86,850.00 £18.6k min requirement met

Anyone had any success not being employed at time of application but with a job offer?
Thanks for your help!

[zimba]

The rules do not care about a job offer. If you both are unemployed then you cannot qualify under Category A or B. The rules under category G or F for company directors require specific documents that you do not seem to have or can provide. I do not see how you can qualify for ILR given your circumstances. Can't you wait until your spouse starts work ?

Maybe you should start reading the official guide: https://assets.publishing.service.gov.u ... rement.pdf

[Janedoe35]

found this on the website:

Other sources of income, financial support or funds in exceptional circumstances
21A(1). Where paragraph GEN.3.1.(1) of Appendix FM applies, the decision-maker is required to take into account the sources of income, financial support or funds specified in sub-paragraph (2).

(2) Subject to sub-paragraphs (3) to (8), the following sources of income, financial support or funds will be taken into account (in addition to those set out in, as appropriate, paragraph E-ECP.3.2., E-LTRP. 3.2., E-ECC.2.2. or E-LTRC.2.2. of Appendix FM):

(a) a credible guarantee of sustainable financial support to the applicant or their partner from a third party;
(b) credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner; or
(c) any other credible and reliable source of income or funds for the applicant or their partner, which is available to them at the date of application or which will become available to them during the period of limited leave applied for.

it goes on to say later....

(b) in respect of prospective earnings from sustainable employment or self-employment of the applicant or their partner:
(i) whether, at the date of application, a specific offer of employment has been made, or a clear basis for self-employment exists. In either case, such employment or self-employment must be expected to commence within three months of the applicant’s arrival in the UK (if the applicant is applying for entry clearance) or within three months of the date of application (if the applicant is applying for leave to remain);
(ii) whether the applicant has provided verifiable documentary evidence of the offer of employment or the basis for self-employment, and, if so, whether that evidence:
(aa) is on the headed notepaper of the company or other organisation offering the employment, or of a company or other organisation which has agreed to purchase the goods or services of the applicant or their partner as a self-employed person;
(bb) is signed, dated and witnessed or otherwise independently verified;
(cc) includes (in respect of an offer of employment) a signed or draft contract of employment;
(dd) includes (in respect of self-employment) any of a signed or draft contract for the provision of goods or services; a signed or draft partnership or franchise agreement; an application to the appropriate authority for a licence to trade; or details of the agreed or proposed purchase or rental of business premises;
(iii) whether, in respect of an offer of employment in the UK, the applicant has provided verifiable documentary evidence:
(aa) of a relevant employment advertisement and employment application;
(bb) of the hours to be worked and the rate of gross pay, which that evidence must establish equals or exceeds the National Living Wage or the National Minimum Wage (as applicable, given the age of the person to be employed) and equals or exceeds the going rate for such work in that part of the UK; and
(cc) which enables the decision-maker to assess the reliability of the offer of employment, including in light of the total size of the workforce and the turnover (annual gross income or sales) of the relevant company or other organisation;
(iv) whether the applicant has provided verifiable documentary evidence that at the date of application, the person to be employed or self-employed is in, or has recently been in, sustained employment or self-employment of the same or a similar type, of the same or a similar level of complexity and at the same or a similar level of responsibility;
(v) whether the applicant has provided verifiable documentary evidence that the person to be employed or self-employed has relevant professional, occupational or educational qualifications and that these are recognised in the UK;
(vi) whether the applicant has provided verifiable documentary evidence that the person to be employed or self-employed has the level of English language skills such prospective employment or self-employment is likely to require;
(vii) the extent to which this source of income is relied upon by the applicant to meet the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. or E-LTRC.2.1. of Appendix FM (as applicable); and
(viii) where an offer of employment is relied upon, and where the proposed employer is a family member or friend of the applicant or their partner, the likelihood of a relevant change in that relationship during the period of limited leave applied for.
(c) in respect of any other credible and reliable source of income or funds for the applicant or their partner:
(i) whether the applicant has provided verifiable documentary evidence of the source;
(ii) whether that evidence is provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating, and is signed, dated and witnessed or otherwise independently verified;
(iii) where the income is or the funds are based on, or derived from, ownership of an asset, whether the applicant has provided verifiable documentary evidence of its current or previous ownership by the applicant, their partner or both;
(iv) whether the applicant has provided sufficient evidence to enable the decision-maker to assess the likelihood of the source of income or funds being available to them during the period of limited leave applied for; and
(v) the extent to which this source of income or funds is relied upon by the applicant to meet the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. or E-LTRC.2.1. of Appendix FM (as applicable).

[zimba]

How and why do you meet the requirements under GEN.3.1.(1) ?

GEN.3.1.(1) Where:

(a) the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. applies, and is not met from the specified sources referred to in the relevant paragraph; and
(b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child; then
the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph).

https://www.gov.uk/guidance/immigration ... ly-members

[Janedoe35]

The rules do not care about a job offer. If you both are unemployed then you cannot qualify under Category A or B. The rules under category G or F for company directors require specific documents that you do not seem to have or can provide. I do not see how you can qualify for ILR given your circumstances. Can't you wait until your spouse starts work ?

Maybe you should start reading the official guide: https://assets.publishing.service.gov.u ... rement.pdf

these are the extracts from home office that made me think they do consider job offers in exceptional circumstances (as is ours as I just had a mastectomy and being treated for breast cancer):

(b) in respect of prospective earnings from sustainable employment or self-employment of the applicant or their partner:
i) whether, at the date of application, a specific offer of employment has been made, or a clear basis for self-employment exists. In either case, such employment or self-employment must be expected to commence within three months of the applicant’s arrival in the UK (if the applicant is applying for entry clearance) or within three months of the date of application (if the applicant is applying for leave to remain);
(ii) whether the applicant has provided verifiable documentary evidence of the offer of employment or the basis for self-employment, and, if so, whether that evidence:
(aa) is on the headed notepaper of the company or other organisation offering the employment, or of a company or other organisation which has agreed to purchase the goods or services of the applicant or their partner as a self-employed person;
(bb) is signed, dated and witnessed or otherwise independently verified;
(cc) includes (in respect of an offer of employment) a signed or draft contract of employment;

(iii) whether, in respect of an offer of employment in the UK, the applicant has provided verifiable documentary evidence:
(aa) of a relevant employment advertisement and employment application;
(bb) of the hours to be worked and the rate of gross pay, which that evidence must establish equals or exceeds the National Living Wage or the National Minimum Wage (as applicable, given the age of the person to be employed) and equals or exceeds the going rate for such work in that part of the UK; and
(cc) which enables the decision-maker to assess the reliability of the offer of employment, including in light of the total size of the workforce and the turnover (annual gross income or sales) of the relevant company or other organisation;
(iv) whether the applicant has provided verifiable documentary evidence that at the date of application, the person to be employed or self-employed is in, or has recently been in, sustained employment or self-employment of the same or a similar type, of the same or a similar level of complexity and at the same or a similar level of responsibility;
(v) whether the applicant has provided verifiable documentary evidence that the person to be employed or self-employed has relevant professional, occupational or educational qualifications and that these are recognised in the UK;

[Janedoe35]

How and why do you meet the requirements under GEN.3.1.(1) ?

GEN.3.1.(1) Where:

(a) the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. applies, and is not met from the specified sources referred to in the relevant paragraph; and
(b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child; then
the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph).

https://www.gov.uk/guidance/immigration ... ly-members

I would hope that my health would be sufficient (breast cancer) - which is the reason he's not working straight away - to trigger an Article 8 breach

[Janedoe35]

How and why do you meet the requirements under GEN.3.1.(1) ?

GEN.3.1.(1) Where:

(a) the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. applies, and is not met from the specified sources referred to in the relevant paragraph; and
(b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child; then
the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph).

https://www.gov.uk/guidance/immigration ... ly-members

Hi, can you please comment regarding our exceptional circumstances I mentioned above? thanks

[zimba]

I do not see how this is an Article 8 issue.