FLR(m) finance conundrum

[mayin22]

Hi everyone

I am just about to apply for the flr(m) visa and am really confused about how my finances fit with the rules. I have just been to see an experienced solicitor but his advice seems to contradict whats on these boards and has confused me further! Please can you help?

I have been with the same employer since 19 March 2012 on £18910 annually (so half of that would be whats actually earned = 9455). For the following 3 weeks I have been part-time 22hrs. From 11 October I am going up to 34 hours.
All these jobs are on the same annual salary band (18910).

I intend to combine this with my partners self-employment income of about £9400.

The solicitor says UKBA will look at my last 6 months payslips and add it up. He says it doesn't matter than I am working only 22 hrs the current 3 weeks. But the guidelines say they are going to look at my LOWEST income in the last 6 months.

How will they actually calculate the annual salary?

Please can you help?

[mayin22]

Just to clarify:

I have been with same employer (different contracts) for just under 7 months and was unemployed for several months before that.

Ultimately my question boils down to this: Which of the following ways do I use to calculate my annual salary?

1. I add up my payslips for the last 6 months. These are not all the same amount due to starting job mid-month, and due to my contract changing 2 weeks ago. The solicitor says to do this.

2. Or, I take my lowest payslip in the last 6 months, and multiply by 12. UKBA says to count the "gross annual salary (at its lowest level in those 6 months)"

Obviously, route 1 will lead to lower "annual" salary because I have only worked for under 7 months. Whereas route 2 means I project my salary from the lowest payslip to what that would potentially be annually. Using route 1 we will just scrape through, route 2 is a comfy sail.

I hope this makes sense, and that someone here can advise. Thanks folks. I need to post this in 3 days so I hope I get some responses soon...

[harv]

Route 2!

If you are witht he same company and passed the first 6 months of employment with them you should be fine. UKBA is a bit skeptical with the first 6 months being the probation period.

As mentioned in the requirements you have to select the lowest paid month in your last 6 months of payslips and use that as a basis of your annual gross salary.

The other route you mentioned (suggested by your solicitor) would not be the way UKBA would count it. Even if they do you should be fine and the reason is you are counting it incorrectly. I am saying this because if your lowest paid month used for annual salary projection meets the financial requirements than the average taken from last six months used for annual salary projection should also meet the financial requirements.

Hope this helps.

[mayin22]

thank you harv. I have now sent it off.

we didn't have my partner's proof of class 2 payments which very worrying. the solicitor says to sort it out and send the document when it arrives. he says that will stand in a court of law. we have been in touch with HMRC and hopefully we can send it along soon.

thanks for your help.

[harv]

If you are in full time employment you are only required to show:

- Letter from employer confirming your employment
- Last 6 months of payslips

You are not required to show proof of Class 2 NI payments. Since you are full time employee, your employer is liable to make the necessary deductions from your Gross pay and any Employer contribution from their behalf to be paid to HMRC.

So you should be fine. I am not sure where you picked up this CLass 2 NI payments thing.

[seanf]

If you are in full time employment you are only required to show:

- Letter from employer confirming your employment
- Last 6 months of payslips

I am completing the paperwork for an FLR(M) application now and just wanted to point out that Annex FM 1.7 - Financial requirement states the following is required as proof of income from salaried employment even though not all of the items are listed on the documents required page for this Visa:

5.5.2 In respect of salaried employment, all of the following must be submitted:
• P60 (if this has been issued) and wage slips for the 6-month period prior to the
application, or as appropriate, for the 12-month period prior to the application.
• Letter from the employer confirming the person’s employment and annual salary, the length of their employment (and the period over which they have been or were paid the level of salary relied upon in the application), and the type of employment (permanent, fixed-term contract or agency).
• A signed contract of employment.
• Bank statements corresponding to the same period as the wage slips, showing that
the salary has been paid into the person’s account.

Sean

[mayin22]

I wasn't clear about the NI stuff... my head was in quite a muddle!

Because they will look at my income at the lowest point, and because I worked part-time for 3 weeks, my lowest income will not meet the criteria. I did not realise this until quite late, i stupidly thought they will look at my average income.

Counting from my lowest income (those 3 weeks) i fall a few thousand pounds short. So i had to give my partners' income too. i wasn't prepared for this at all. We gave his documents but he does not have proof of NI payments. He has his own very small business and earns less than me. He has been self-emplyed for some time and never received a bill for NI2 payments! He thought this was optional because he was never asked for this payment.

When doing the form we realised that he needs to do this so he got in touch with HMRC but they will take a few weeks to process this. He even offered to pay his bill over the phone but they would not take it.

So now we are waiting to hear from HMRC and UKBA. The solicitor said to forward the proof to UKBA when we hear from HMRC. I don't know if this will work but the solicitor seems confident. We wrote a cover letter explaining all our documents and said that we will forward this as it arrives.

I've been here 7 years and it feels scary to think that I may have to leave because of this!

[olawest]

I wasn't clear about the NI stuff... my head was in quite a muddle!

Because they will look at my income at the lowest point, and because I worked part-time for 3 weeks, my lowest income will not meet the criteria. I did not realise this until quite late, i stupidly thought they will look at my average income.

Counting from my lowest income (those 3 weeks) i fall a few thousand pounds short. So i had to give my partners' income too. i wasn't prepared for this at all. We gave his documents but he does not have proof of NI payments. He has his own very small business and earns less than me. He has been self-emplyed for some time and never received a bill for NI2 payments! He thought this was optional because he was never asked for this payment.

When doing the form we realised that he needs to do this so he got in touch with HMRC but they will take a few weeks to process this. He even offered to pay his bill over the phone but they would not take it.

So now we are waiting to hear from HMRC and UKBA. The solicitor said to forward the proof to UKBA when we hear from HMRC. I don't know if this will work but the solicitor seems confident. We wrote a cover letter explaining all our documents and said that we will forward this as it arrives.

I've been here 7 years and it feels scary to think that I may have to leave because of this!

You will be fine. Dont Worry. The casewoker may not take your lowest pay as basis, as long as you meet the £18,600 income threshold, you will be fine. I have first hand experience, my spouse just got her visa.