Cat B

[joannaanthony]

Hi. Can anyone provide some clarity please? I am my husband's sponsor. We are applying for ILR following five years in the UK. I believe we fall under cat B. I work for someone and send him an invoice each month for whatever number of hours I've worked. He then pays me. So, I don't have a contract nor am I employed, as such. I can evidence 12 months working for him, just waiting for my self-assessment. As the total over the last 12 months doesn't meet the requirement, I am combining this with Cat C.

Also, do you need to provide payslips?

Does the above sound right please??!

Thanks, Jo

[seagul]

I believe we fall under cat B. I work for someone and send him an invoice each month for whatever number of hours I've worked. He then pays me. So, I don't have a contract nor am I employed, as such. I can evidence 12 months working for him,

If there is no employment contract and no employer tax deduction under paye system then it won't be counted at least a paye job for giving rise to category A/B.

[joannaanthony]

Thanks for your response. I am still unclear. I took the following example from Appendix FM. Example (c):

The applicant’s partner lives in the UK and is a fashion photographer who does
short-term contract work for several agencies. He has periods without work and the
amount he is paid varies from job to job. Over the last 12 months he has earned a
total of £20,000. In the most recent 6 months his gross earnings are as follows:
£3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting
the financial requirement under Category B non-salaried employment.

[seagul]

Thanks for your response. I am still unclear. I took the following example from Appendix FM. Example (c):

The applicant’s partner lives in the UK and is a fashion photographer who does
short-term contract work for several agencies. He has periods without work and the
amount he is paid varies from job to job. Over the last 12 months he has earned a
total of £20,000. In the most recent 6 months his gross earnings are as follows:
£3500, £0, £0, £2300, £3400, £500. The application is made on the basis of meeting
the financial requirement under Category B non-salaried employment.

So, I don't have a contract nor am I employed, as such

[joannaanthony]

OK, thanks.

The photographer would have provided invoices. If the visa relies on the past six months evidence, won't my invoices and evidence of payment be enough?

Would a verbal contract apply? I have a verbal contract for an hourly rate, and at the end of each month, I invoice with the hours worked, which varies from month to month.

I've been working for the same person for 18 months. He provides me with a laptop and phone, and we plan on having a long-term working partnership.

Would an offer letter for contract employment help?

The other possibility is to use earnings from Cat C. However, this requires significantly more paperwork. I thought I could take a simpler route!!

Thanks for your time!

[seagul]

Would a verbal contract apply? I have a verbal contract for an hourly rate,

Immigration rules don't rely on any implicit evidence rather on explicit & tangible one.

Would an offer letter for contract employment help?

How would it cover you retrospectively

The other possibility is to use earnings from Cat C. However, this requires significantly more paperwork. I thought I could take a simpler route!!

Thanks for your time!

It won't come within the remit even touches the periphery of category C. Check the official guidance and see few examples there.

[joannaanthony]

Sorry, I meant I can apply using Cat C instead.... I meet the criteria. I just wanted to use B as it seemed simpler... It appears not!