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Financial requirements FLR M

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Sam09
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Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Financial requirements FLR M

Post by Sam09 » Wed Oct 24, 2018 5:33 pm

Hello everyone
I’m in need for some advice.
We are about to submit my wife’s visa application( further leave to remain) and we are having difficulties in completing the financial requirements section.
I’m going to explain the situation to make it more clear.
1. I’m a subcontractor for 8 months now and I don’t know under which category we should apply.
Category A B or F G
If we apply under category F it requires total amount earned for the last financial year and I haven’t been self employed for a year.
Or should we apply under category A (same employer more than 6 months)
2. She works part time salaried employment.
Are we allowed to combine our wages and under which category?

We are so confused.
Any help is much appreciated :)

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Financial requirements FLR M

Post by physicskate » Wed Oct 24, 2018 6:07 pm

Sam09 wrote:
Wed Oct 24, 2018 5:33 pm
Hello everyone
I’m in need for some advice.
We are about to submit my wife’s visa application( further leave to remain) and we are having difficulties in completing the financial requirements section.
I’m going to explain the situation to make it more clear.
1. I’m a subcontractor for 8 months now and I don’t know under which category we should apply.
Category A B or F G
If we apply under category F it requires total amount earned for the last financial year and I haven’t been self employed for a year.
Or should we apply under category A (same employer more than 6 months)
2. She works part time salaried employment.
Are we allowed to combine our wages and under which category?

We are so confused.
Any help is much appreciated :)
Have you been a PAYE employee for 6 months (or more)? If so, Cat A is for you (your wife's income can be considered under this category too as she currently is allowed to work in the UK). If not, you will have to use one of the self-employment routes, which you will not be able to do unless you have been working in this way for a year or longer.

Sam09
Newly Registered
Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Re: Financial requirements FLR M

Post by Sam09 » Wed Oct 24, 2018 7:28 pm

Thanks so much for your quick response.
I guess I’m a PAYE employee because my employer deducts the tax but my wages does not include holidays and paternity leave.

So, is it right to tick self employed under category A

I thought if you are self employed you can only chose between cat F and G

Does subcontractor means you are self employed or you are in the category of non salaried employment.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Financial requirements FLR M

Post by physicskate » Wed Oct 24, 2018 8:15 pm

Sam09 wrote:
Wed Oct 24, 2018 7:28 pm
Thanks so much for your quick response.
I guess I’m a PAYE employee because my employer deducts the tax but my wages does not include holidays and paternity leave.

So, is it right to tick self employed under category A

I thought if you are self employed you can only chose between cat F and G

Does subcontractor means you are self employed or you are in the category of non salaried employment.

Oy VEY!!!! NO!!!! If you are a PAYE employee you are NOT self employed!!!! That's kinda the point!!!

What remains to be seen is if you are salaried or unsalaried. What do you mean they don't include holidays or paternity? It is against the law for your employer to not have paid holidays or paternity leave. Do you mean you took extra unpaid leave??

You need to have a serious look through Appendix FM to fit your EXACT circumstances to the rules...

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

Sam09
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Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Re: Financial requirements FLR M

Post by Sam09 » Wed Oct 24, 2018 8:27 pm

I'm self employed as in sub contractor so I'm not sure about the PAYE employee.
Thanks for your advice.

Sam09
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Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Re: Financial requirements FLR M

Post by Sam09 » Thu Oct 25, 2018 3:11 pm

Contacted HM review and I’m registered as self employed but I work as subcontractor for a company and I get paid every two weeks.

If we tick self employment under the category F
How can I give proof of earnings for the last financial year if I have only been working for 8 months .

This is so confusing and we are about to submit the application and can’t even get advise from a lawyer .

So which category to choose ??? 🙁

Sam09
Newly Registered
Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Re: Financial requirements FLR M

Post by Sam09 » Thu Oct 25, 2018 3:17 pm

Sam09 wrote:
Thu Oct 25, 2018 3:11 pm
Contacted HM revenue and I’m registered as self employed but I work as subcontractor for a company and I get paid every two weeks.

If we tick self employment under the category F
How can I give proof of earnings for the last financial year if I have only been working for 8 months .

This is so confusing and we are about to submit the application and can’t even get advise from a lawyer .

So which category to choose ??? 🙁

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Londoner007
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Re: Financial requirements FLR M

Post by Londoner007 » Thu Oct 25, 2018 4:22 pm

Do you work for Uber?
Verily, After Hardship Comes Ease

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Financial requirements FLR M

Post by physicskate » Thu Oct 25, 2018 5:37 pm

Sam09 wrote:
Thu Oct 25, 2018 3:11 pm
Contacted HM review and I’m registered as self employed but I work as subcontractor for a company and I get paid every two weeks.

If we tick self employment under the category F
How can I give proof of earnings for the last financial year if I have only been working for 8 months .

This is so confusing and we are about to submit the application and can’t even get advise from a lawyer .

So which category to choose ??? 🙁
So you are responsible for filing your own tax assessment and paying NI etc...?

There is no category for your spouse to qualify with as you have been self-employed for less than a year. You've seen the categories yourself.

Sam09
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Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Re: Financial requirements FLR M

Post by Sam09 » Fri Oct 26, 2018 4:58 pm

Tax is deducted by the company through CIS scheme. I have been reading carefully the financial requirements guidance and I encountered this section stating that :

5.5.17. A person working as a subcontractor under the Construction Industry Scheme (CIS), administered by HMRC (and under which the contractor deducts tax and National Insurance contributions from the payments made to the subcontractor), can, as an
alternative to meeting the requirements of Appendix FM-SE in respect of self- employment, choose instead to count their CIS income as income from salaried employment. If they do, they must meet the requirements of paragraph 2 of Appendix FM-SE for specified evidence for salaried employment, subject to reflecting their status as a CIS contractor rather than an employed person. So, they must provide CIS payment slips in place of payslips, a letter from the CIS contractor in place of an employer’s letter and the required personal bank statements. If a person cannot provide this evidence, or it is not clear that they are covered by the CIS scheme, their income should be treated as income from self-employment and the relevant self-employment evidence must be provided.


Does this mean I can apply under category A (salaried employment)


Thanks in advance ☺️

Sam09
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Posts: 9
Joined: Wed Oct 24, 2018 4:16 pm
United States of America

Financial requirements FLR M

Post by Sam09 » Fri Oct 26, 2018 6:52 pm

Hello all
I had to make a new thread after carefully reading the financial requirements appendix FM . I encountered the section below stating :


5.5.17. A person working as a subcontractor under the Construction Industry Scheme (CIS), administered by HMRC (and under which the contractor deducts tax and National Insurance contributions from the payments made to the subcontractor), can, as an alternative to meeting the requirements of Appendix FM-SE in respect of self- employment, choose instead to count their CIS income as income from salaried employment. If they do, they must meet the requirements of paragraph 2 of Appendix FM-SE for specified evidence for salaried employment, subject to reflecting their status as a CIS contractor rather than an employed person. So, they must provide CIS payment slips in place of payslips, a letter from the CIS contractor in place of an employer’s letter and the required personal bank statements. If a person cannot provide this evidence, or it is not clear that they are covered by the CIS scheme, their income should be treated as income from self-employment and the relevant self-employment evidence must be provided. See section 9 of this guidance.


Does this mean I can apply under category A (salaried employment)

Thanks in advance!

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CR001
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Re: Financial requirements FLR M

Post by CR001 » Fri Oct 26, 2018 8:31 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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