Gap in 6 months wage, Category A, ILR apply from Spouse FLR(M)

[zimba]

Running a payroll quarterly under certain situations is certainly possible and not illegal at all. This all depends on a worker's pay reference period which could also be shorter than 1 month. The point is that there is no requirement to send 6 of anything as per the rules. Similarly, under category B, you can see the coverage is for 12 months but what if the applicant only worked for 9 months of those 12 months and you only have 9 payslips ?

I do not have any case here on the forum that I know who was under the same circumstances but my references are the rules.
Did your clients satisfy all the requirements but they were simply refused because they did not send enough payslips or statements?

[bakaizzy]

Running a payroll quarterly under certain situations is certainly possible and not illegal at all. This all depends on a worker's pay reference period which could also be shorter than 1 month. The point is that there is no requirement to send 6 of anything as per the rules. Similarly, under category B, you can see the coverage is for 12 months but what if the applicant only worked for 9 months of those 12 months and you only have 9 payslips ?

I do not have any case here on the forum that I know who was under the same circumstances but my references are the rules.
Did your clients satisfy all the requirements but they were simply refused because they did not send enough payslips or statements?

Clients were refused because they did not send enough bank statements despite all other requirements being met and despite requesting for an administrative review. And there may not be a case similar here on this forum but maybe on other forums there may be a similar case.

[ksmasher247]

The rules do not mention that you must send a specific number of statements or payslips. They require you to cover the last 6 months. What if you are being paid quarterly ?? Then you have only two payslips covering the 6-month period that will satisfy the requirements. Why should we assume somehow 6 payslips are needed then ? Where do the rules say this ?? What if you send two bank statements showing two quarterly payments ?? Why suddenly you should be refused, rather than them asking for more irrelevant statements (and why would they do that) ?

2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Payslips covering:

(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:

(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

The Immigration rules under 'Appendix FM-SE: family members specified evidence' simply require you to cover a period of 6 months. Now if you covered the required salary in less than 6 months and you have been employed with the same employer for more than 6 months, why would they suddenly refuse an application ?? Even if they need more statements, they would ask for it but that would be unnecessary. Why would they refuse it and claim you failed the requirements when you clearly have not ??

Also, they rarely refuse an application under family rules and almost always offer options or ask for extra evidence.

https://www.gov.uk/guidance/immigration ... d-evidence

Hi. Just informing that my wife's ILR has been approved. Thanks ever so much for your advices. Turns out certain solicitors really don't know how to do their job and still charge extortionate price to their clients. Again, thank you Zimba and all others who helped.

[zimba]

Congratulations.

[ksmasher247]

Again, many thanks. What's the next step? I apply for her British Citizenship/Naturalisation? Are they the same and what's the current cost?

[zimba]

Again, many thanks. What's the next step? I apply for her British Citizenship/Naturalisation? Are they the same and what's the current cost?

British citizenship is covered under UK nationality law (not the immigration rules) so it is a totally separate system
Please ask your questions regarding British citizenship in the relevant sub-forum here: viewforum.php?f=42