FLR(M) specified evidence non-salaried employment

[el patron]

I attended an FLR(M) premium appointment and the caseworker was insistent that pay slips, employer's letters and P60s were insufficient to evidence meeting the income requirement, i.e. bank statements were specified evidence in the same way as applying under the salaried employment path. I can't for the life of me see how this is indeed correct after re-reading Appendix FM-SE. After some running around at nearby banks statements were submitted and the visa was granted, but my curiosity about this remains. Can anyone point to where banks statement are noted as specified evidence for non-salaried path applications?

[Obie]

Unfortunately this PEO is correct. Bank statement is required, and it must reflect the income.

Also see A1(1)

[el patron]

Unfortunately this PEO is correct. Bank statement is required, and it must reflect the income.

Also see A1(1)

Thanks for the reply Obie, perhaps I'm having a senior moment
However I still do not see how bank statements are specified evidence and hence mandatory for non-salaried employees.

[Obie]

Needless to say, that it is settled law that flexibility has to be applied in regards to appendix FM, to ensure that the UK complies with its convention obligation. But save for few immaterial adaptation in 18(d) of Appendix FM-SE, the requirement for evidence for Salaried and non-Salaried pay are not different, also see.

(d) Gross income from non-salaried employment will be calculated on the same basis as income from salaried employment, except as provided in paragraph 18(e) and 18(f), and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from non-salaried employment. Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary), or paid an amount which varies according to the work undertaken, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked.

[el patron]

Yes Obie, I've read this, but the commencement of the paragraph refers- 17A. Where a person is a subcontractor under the Construction Industry Scheme administered by HMRC and does not rely on paragraph 13(e),

[Obie]

My Apologies, i was seeking to refer to 18A(d).

[el patron]

I thought as much Obie! But again the context is - 18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:

[Obie]

I am not sure that statements are mutually exclusive.

I read 18(d) as seeking to make clear that salaried and non-Salaried employment will be treated in the same way, save for the difference mentioned.

I accept your reading of the starting statement of Paragraph 18. However i am not convinced that it is mutually exclusive to 18(d).

[el patron]

Trying to understand what is written and what was the intention. Perhaps I need to get out more at this stage.