Home office query regarding payslip to be seen on bank account

[Raff]

Dear All

I have a question regarding ILR – Eligibility and absence

My spouse is on ILR dependent (FLR) which is due to expire on 3rd Nov 2024. I am a British citizen by naturalisation. She has spent over 7years 4 months in UK 2yrs 4 months on PBS dependent and 5yrs on ILR dependent. Due to my daughters Medical reason she is (British Citizen) have to travel to abroad for treatment, my wife was outside UK from 29/09/2021 to 18/03/2022 she came back to UK for FLR extension and had to travel back again to continue treatment she was again absent from 11/05/2022 to 12/12/2022.
I was not getting any support from UK regards to her disability. That why I have to go for private treatment outside the UK. But now she is on UK system to get support for her ongoing disability I have got the evidences outside UK and within the UK. But I don’t know does it get consider to support my wife ILR application.

My question is here does she is eligible to apply for ILR? As she was outside UK over 180 days in 2022 (302 days) ILR 5years time

Does the PBS dependent time spent in UK get count for ILR? (Not sure If depended category is switched from PBS dependent to ILR depended does it count or not)

Please see below visa dates and absences dates and days
Type of permit
PBS dependent (Tier1 – Entrepreneur)
Applied from abroad
29/05/2017 to 12/08/2017

Applied in UK
15/10/2017 to 15/11/2019 (PBS Dependent (Tier1 – Entrepreneur) extension)

Type of Permit
Spouse/Partner (Switched to ILR Dependent - FLR)
Applied in UK
06/11/2019 to 10/04/2022

Applied in UK (ILR dependent – FLR extension)
13/04/2022 to 04/11/2024

Total years spent in UK 7 years, 4 months, 14 days

Note: If I calculate the outside UK days in 2022 is 302 days. But if PBS dependent times get counts for ILR she has already stayed more than 5 years after subtracting absent day and FLR has covered the 302 days.

Overall Absence since living in UK
UK Exit UK Entry Days Reason
01/12/2017 18/01/2018 49 Visit
29/09/2021 18/03/2022 171 Medical
11/05/2022 12/12/2022 216 Medical
19/12/2022 27/12/2022 8 Visit
06/02/2023 13/02/2023 8 Visit
23/12/2023 01/01/2024 10 Visit

Total Absences 462 days in 7 years 4 months
Total Absences 413 days in 5 years

Your advice would be highly appreciated; can you please advise which application I need to apply ILR or FLR? Either if your recommend to apply ILR please advise which set of ILR form to apply and if FLR which set of FLR form.

[CR001]

There is NO absence limit for flr m spouse visa holders.

Ilr is on form SET M.

[Raff]

There is NO absence limit for flr m spouse visa holders.

Ilr is on form SET M.

Thanks for your quick response. If you have the reference link to share to confirm that there is no absence limit for FLR M spouse visa holder that would be good. I want to have proof if something goes wrong.

Just to reconfirm my wife is eligible in 5 years category? correct?

[zimba]

You do not need proof of anything and that is not how the rules work anyway. The rules only set limits, so if the rules do not mention a limit then it does not exist. The immigration rules under Appendix FM simply do not impose a limit on absences from the UK, unlike other routes. Stop questioning the commonly-known facts about the immigration rules. All the applications will be strictly decided as per the immigration rules.

[Raff]

You do not need proof of anything and that is not how the rules work anyway. The rules only set limits, so if the rules do not mention a limit then it does not exist. The immigration rules under Appendix FM simply do not impose a limit on absences from the UK, unlike other routes. Stop questioning the commonly-known facts about the immigration rules. All the applications will be strictly decided as per the immigration rules.

Thanks Zimba for clarification

And one more question please regarding financial requirements I am self employed with Limited company. last time I have taken £18,600 salary + dividend same applies for ILR? This year I have got only 4 salary slips of 15k and planning to take rest as dividend is that ok. And I have to show only one year income of £18,600? to meet financial requirements

And want confirm I don't have show 29k? I think my wife application is applicable for£18,600 is my understanding is correct?

[zimba]

You need to show any income earned over the last accounting period of your company.
It could be either in the form of salary, dividends or both. You only need to show the min of £18,600

Category F: Last full financial year
Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in self-employment or is either the director or employee (or
both) of a specified limited company in the UK, at the date of application, they can
use income from the last full financial year to meet the financial requirement.
.
.
For those employed as a director or other employee (or both) of a specified limited
company in the UK, the relevant financial year or years will be that covered by the
Company Tax Return CT600 and corresponds to the 12-month accounting year of
the company.

https://assets.publishing.service.gov.u ... rement.pdf

[Raff]

Thanks a lot, you guys are awesome always find this forum very useful. Nobody can beat the service and information what you guys do.

[Raff]

Hi

I have submitted spouse ILR application (SET M) on 12/10/2024

Biometrics submitted on 12/11/2024

I have received query from Home office requesting following information.

Date the CT600 was dated and submitted
Proof of Ownership
Proof of registration with HMRC (Receipt) HMRC as an employer for the purpose of National Insurance and PAYE /Accounts Reference Number

Can you please advice what is missing:
Date the CT600 was dated and submitted- I have submitted CT600 on 20/09/2024
Proof of ownership - I have submitted current director appointment report
Proof of registration with HMRC (Receipt) HMRC as an employer for the purpose of National Insurance and PAYE /Accounts Reference Number - I believe this will be payslips and sa302 proof that is registered with HMRC as I have paid tax. sa302 has UTR number on it.

can you please advice what correct documents need to be submitted.

I have shown income earned over the last accounting period 01/02/2023 to 29/02/2024 of my company. income has shown in the form of salary and dividends £19,900.

List of document submitted to prove income.
CT600
Statutory Accounts (UNAUDITED FINANCIAL STATEMENTS)
CORPORATION TAX COMPUTATION
SA302
SA100
Account letter confirming income
Salary Slips
Dividend vouchers
Company Incorporation certificate
Director appointment report
12 Months Business Bank statement
12 Months Personal Bank Statement.

Your advice is highly appreciated.
Thank You.

[Raff]

looking forward for you suggestion. Thanks

[zimba]

You were given advice is September on what they need you to provide as per the guide. Not sure why this is not clear to you

[Raff]

Hi

I have applied my wife's ILR SET(M) I have got a query regarding payslip not reflecting on bank account
I am self employed I have take salary £6,400 and Dividends £13,500 total £19,900.

I have got the salary slip for each month for 8 months but I have taken two salary as cash and rest of the salary bank transfer and transfer has been done sometime together for example I have taken salary in Jan 2024 for the month of oct, Nov, Dec 2023 this clearly reflects on my bank statement when I have taken the salary in the reference I have mention salary for December and similar for other months I have submitted self assessment sa-100 and sa-302 to declare the salary and dividend and taxes has been paid and submitted to home office with initial application. I have prepare this table to clarify the home office I think they have got confused as I have sent 12 months bank statement they might be looking for each month payment, But as company director I have taken the salary when I have enough money in the account. you can see below payment dates.

Salary Table for the period 01/03/2023 to 29/02/2024

The enclosed payslips are genuine and showing correct information as below:
Pay Month Amount Payment Method
05/2023 £800 Cash (Payment on 03/06/2023)
06/2023 £800 Bank Transfer (Payment on 07/07/2023)
07/2023 £800 Cash (Payment on 03/08/2023)
08/2023 £800 Bank Transfer (Payment on 28/09/2023)
09/2023 £800 Bank Transfer (Payment on 28/09/2023)
10/2023 £800 Bank Transfer (Payment on 08/01/2024)
11/2023 £800 Bank Transfer (Payment on 08/01/2024)
12/2023 £800 Bank Transfer (Payment on 08/01/2024)
Total £6,400

Dividend Table for the period 01/03/2023 to 29/02/2024, payment method bank transfer

Dividend Amount Period End Date Payment Date
Dividend Voucher 1 £5,000 28/02/2024 20/09/2024
Dividend Voucher 2 £5,000 28/02/2024 23/09/2024
Dividend Voucher 3 £3,500 28/02/2024 24/09/2024
Total £13,500

My question is that two months cash salary will be consider by home office? I haven't withdraw that money from my business is through someone for my business work paid me cash instead of bank transfer. I have paid that money as cash salary for the two months instead on going to bank and deposit the money. I have got payslip with same amount and that same amount has been declared in self assessment. But this two months salary is not going to reflect on my bank account.

if this two months cash salary is not consider I will be in trouble I am not going to meet minimum salary threshold £18,600. I will be meeting only £18,300. But my understanding is there is no rule of life that payment has to be only bank transfer it can be cash.

Just to prepare backup if there is problem I have got five months of my wife salary in the same accounting period which is £4,000 I have salary slip and bank statements for that. She was working in my company as admin support. Is it wise to submit that addition income to consider at this stage while it is in processing so we can meet £18,600.

Your advice will be highly appreciated, It is quite awkward situation I have to respond with in 10 days.

Thanking You.

[Raff]

Hi

I have checked my personal bank statement on 24/07/2023 I have transfer from my other personal account £1,800. I think if I remember correctly that is for salary I have got in cash I have transfer to the account, but it is not exact salary amount £1,600 for two months I have added £200 extra when I did the transfer I think that is all cash I have at that time.

As I said in previous post I have salary slips which show £800 each month and I have declared the salary in self-assessment. Can I say For the month 05/2023 and 07/2023 salary has been pay in cash to record the payment I have transferred £1,600 + 200 =£1,800 from my other personal account. This transaction reflect on the personal bank statement date 24/07/2023.

Thanking You. Your advice is highly appreciated and matter a lot.

[zimba]

You need evidence of that pay as far as the rules go. So they may not count it

[Raff]

Can I get a letter from accountant to confirm the transaction. The evidence is self-assessment sa-302 we have declared the salary and there is pay slip and tax has been paid for the salary and dividend.

[Raff]

There should be some way to mitigate the issue please help. Can I send my wife's income she was working for 5 months oct 2023 to Feb 2024 in my company I have paid £800 each month and I have payslip and bank statement in her name which covers £4,000 does it get consider?

[zimba]

Under paragraph 1(n) of Appendix FM-SE the gross amount of any cash income
may be counted where the person’s specified bank statements show the deposit of
the full net amount which relates to the gross amount shown on their payslips (or in
the relevant specified evidence provided in addition to the specified bank statements
in relation to non-employment income). Otherwise, only the net amount shown on
the specified bank statements may be counted.

Those wishing to rely on cash income to sponsor an application subject to the
financial requirement may need to change the way they manage their money and
bank the full net amount so that they can then rely on the gross amount of that
income in sponsoring the application. Like the other evidential requirements of
Appendix FM-SE which seek to maintain the integrity of the system for all genuine
applicants and sponsors, it is important that those wishing to rely on the gross
amount of their cash income from employment corroborate this income through their
bank statements, as well as the required payslips and employer’s letter.

Self-employed income can be cash-in-hand if the correct tax is paid. It would
generally be expected that the person’s business or personal bank statements would
fully reflect all gross (pre-tax) cash income. Flexibility may only be applied where the
decision-maker is satisfied that the cash income relied upon is fully evidenced by the
relevant tax return or returns and the accounts information.

I suggest reading the guide as I have always shared with you: https://assets.publishing.service.gov.u ... rement.pdf

[Raff]

does it mean it get counted I have done transfer not deposit and added with extra £200.

as per the document you have share I have done correct tax return and paid correct tax that include all the salaries i have taken

Can you please advice what should I do in this situation.

[zimba]

You can ask your income to be considered but they may not accept it. Given that you've declared it it may be accepted so maybe it is not a bad idea to include the accountant's letter

[Raff]

Thanks Zimba. I have spoken to accountant happy to provide the letter and as many as evidence and he is looking into if cash voucher can be submitted.

[Raff]

Sorry can you please clarify my question of submitting wife income. She was working for 5 months oct 2023 to Feb 2024 in my company I have paid £800 each month and I have payslip and bank statement in her name which covers £4,000 does it get consider?

[zimba]

No, as the employment is no longer ongoing. PLEASE read the guide

Where a couple are using their joint income to meet the financial requirement, all of
this income must fall within the financial year or years being relied on and must still
be a source of income at the time of application. For example, if the applicant is in
the UK with permission to work, to combine their salaried employment income with
their partner’s self-employment income, they must provide evidence of the income
received from this salaried employment during their self-employed partner’s relevant
financial year or years and evidence of ongoing employment at the date of
application.

[Raff]

I have checked employment is continues ongoing till date started from oct 2023 to till date ongoing. I have payslips and wife's personal banak statement reflecting correct salary for each month. she was employed on date on date of application and that employment continues currently employed too. So can I send them this evidence as additional income support?

[zimba]

I have checked employment is continues ongoing till date started from oct 2023 to till date ongoing. I have payslips and wife's personal banak statement reflecting correct salary for each month. she was employed on date on date of application and that employment continues currently employed too. So can I send them this evidence as additional income support?

But you claimed above that it was just for 5 months

[Raff]

sorry It was my fault I was only looking for the period 01/03/2023 to 28/02/2024 which is cover from oct 2023 to Feb 2024 she has earn £4,000 from 01/03/2024 I am providing the evidence of ongoing employment.

Can you please advice can I submit this evidence to support application to meet require income on £18,600. I am trying my best to justify the income and cash transaction. Want be on save side that why thinking of submitting wife income too.

[zimba]

sorry It was my fault I was only looking for the period 01/03/2023 to 28/02/2024 which is cover from oct 2023 to Feb 2024 she has earn £4,000 from 01/03/2024 I am providing the evidence of ongoing employment.

Can you please advice can I submit this evidence to support application to meet require income on £18,600. I am trying my best to justify the income and cash transaction. Want be on save side that why thinking of submitting wife income too.

Yes you can. I cannot regularly repeat to read the guide