Tier 4 Student Applying for FLR(M)

[ShaliSelva]

Hi there!

I have a few things to clarify and I'm hoping someone could help

I'm a tier 4 visa holder who's been with a partner (British citizen) for almost three years. We've lived together since June 2013. The apartment is in his name but all the bills, since the start, have been under my name. This is worrying me a little. I was young at the time (19) and didn't consider applying for LR and getting all the 'evidence' ready.

Finance wise, my partner requested for his hours to be reduced in January as he's looking into starting his own cafe. He's going for classes at our local Council. He earns, according to his median wage, 6358/year.

I, on the other hand, bring most of the money into the household. I have a Supervisor position at a cafe and earn 1,040 per month for a 35 hour contract.

Would this be enough to apply for FLR(M)? I called Immigration and asked them about my job, as Tier 4 states that during term time I can only work 20 hrs. They said it's fine to send in a contract and one month's payslip to show that I have a FT contracted job to fulfil the financial requirement.

My question is - are there too many loopholes in our application, especially with me earning more?

Thanks in advance!

[ShaliSelva]

Just to clarify: I have a Masters in English Literature from a reputable University and I'm taking my time to find a job that I truly want to do. I've had my cafe job since April (PT) and I've just recently received a contract (FT).

[Casa]

You're highly likely to be refused due to working in excess of your permitted 20 hours during term time. As the income has been received in contravention to the rules on your Tier-4 visa is can't be considered for a FLR(M) application. You also risk your Tier-4 visa being cancelled.

Regrettably, the information given on the UKVI 'help line' is frequently misleading and incorrect.

[ShaliSelva]

Again, to clarify, I only worked part-time during term time - usually less than 20 hours! I have payslips to prove this Any other advice?

[ShaliSelva]

Also, there's nothing stopping me from getting a full-time job/internship/placement when I'm not at University.

[Casa]

Your post was misleading -"I called Immigration and asked them about my job, as Tier 4 states that during term time I can only work 20 hrs." I assumed if you were concerned enough to call for advice on your employment, you were working outside of the 20 hours during term time.
Will you be continuing with your studies when the next term starts? You need 6 months of pay slips showing earnings pro-rata of £18,600. This can be joint income, but both of your earnings will have to cover the full 6 month period with supporting bank statements. This is mandatory.
5.1.1. Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in salaried employment at the date of application and has been with the same
employer for at least 6 months prior to the date of application, they can count their gross
annual salary towards the financial requirement. In doing so they must have been paid
throughout the period of 6 months prior to the date of application at a level of gross
annual salary which equals or exceeds the level relied upon in the application.

As far as the Unmarried Partner visa is concerned, you'll need to submit documented evidence of a relationship 'akin to marriage' during 2 years to show that you aren't simply house mates. Do you share joint finances?

[ShaliSelva]

Okay, let's re-phrase.

I've been with my current company on a zero-hour contract since April. I have payslips to prove that I worked part-time during term time (aka less than 20 hours) and full-time during vacations (aka now). I've been on a full-time contract for July onwards.

My partner and I share a one-bedroom apartment and he's come over to visit/stay with my family in Singapore twice (first in August 2013 and then June 2015 for momentous family occasions). We have several shared holidays together. Our incomes combined exceeds the 18,600 although only by 300+ pounds. We don't have any joint finances per se - no bank accounts etc. He pays rent and I pay bills. We have proof of this since June 2013. We're more than happy to send pictures of family gatherings, birthdays, Christmas, graduations etc to prove we're really a couple. If they do home visits/interviews, that's fine by us as well

My exact question to UKVI: 'because I'm a recent graduate looking for a full-time job, would it still be possible to combine incomes for FLR(M)?' The advisor consulted with someone else and said in my case, the income would have to be estimated dependent on my contract and payslip, due to the nature of my visa. I asked her how and she said (wages x hours per month) x 12 but I would have to prove this through a contract and ONE payslip, due to visa restrictions.

I will, of course, call UKVI again to confirm this, since you've issued some doubt about it. I will also take down their name and ID number to reference in my application.

My original concern was: will the difference between our incomes be a factor for refusal? Our combined incomes do fulfil the requirement.

[Casa]

Unfortunately the UKVI take no responsibility to incorrect information given over the 'help line' and if correct documents aren't submitted with the application you will lose your visa fee.

As per the section I posted from the Immigration Rules, the mandatory financial level of £18,600 must be demonstrated by no less than the most recent 6 months of pay slips prior to submitting the FLR(M) application. How much have you jointly earned during the last 6 months, with pay slips from both jobs?

In addition, this from the Immigration Rules may help to further clarify the requirement:
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
7
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.

[ShaliSelva]

I would estimate it at around 13,500 due to my hours literally being cut in half. I knew about the 6-month rule, which is why I called to get some guidance on our situation. I believe I will give them a call again and ask for proof for the info they've provided me. I'm intending to book the premium service in Glasgow so I really need to get my ducks in a row first if I don't want to lose 1K!

Thank you for the info!

[Casa]

I've edited my post with further reference to the Immigration Rules. I know this may not be the information you were hoping to read, but I'm trying to prevent you from losing your application fee. I assure you 100% that without 6 months of pay slips showing annual income of £18,600 (which can be joint) the application will be refused but the fee will be taken.

Putting aside the financial conditions, you will have to submit the following:
Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years. See Note 9.
Note 9 The items of correspondence should be addressed to you jointly or in both your names.
Examples of acceptable items are listed below. The documents provided must be originals.
Photocopies are not acceptable.
The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources. If you do not have enough items in your joint names,
you may also provide items addressed to each of you individually if they show the same address
for both of you.
For example - Four items of correspondence in joint names to the same address and two items
addressed to each partner at the address. In total eight items would need to be submitted.
If you and your partner have no bills or correspondence in joint names, you will need to submit
twelve items (six each) of correspondence, evidencing that you reside together at the same
address.

[ShaliSelva]

We have all the above documents, ranging over two years. No worries about that.

[Casa]

Please don't apply with just one pay slip. Others on the forum can confirm this from personal experience.

[ShaliSelva]

The other payslips are part-time hours though. Should I print these out and explain? I've been in constant employment since 2013, part-time and full-time, depending on the time of year.

[ShaliSelva]

Or my partner's full-time payslips before Jan? He used to earn approx 14,000/year.

[Casa]

The other payslips are part-time hours though. Should I print these out and explain? I've been in constant employment since 2013, part-time and full-time, depending on the time of year.

Explain what? That you're not able to show £9,300 joint earnings during the 6 month period before applying? The case worker won't be interested in why you don't meet the financial minimum...only whether you do or not. Also bear in mind that only applications that are 100% straightforward will be decided on the day at the PSO. The PSO case workers don't have the level of authority to make a decision on anything that is queried or involves further checks. If the decision can't be made on the day it would be either refused or passed to a high ranking caseworker, joining the postal queue at the premium fee. You don't have an interview...the paperwork is passed over and is either approved or not.
Your partner's pay slips before January 2015 won't be included in the calculation as it appears from your post that he is no longer in the employment that the pay slips refer to.

[ShaliSelva]

He is an assistant chef and used to have a 40 hour contract which he then reduced to 18 hours a week to focus on his cafe/business plan/studies. It's the same job at the same company just different hours.

It's all right - thanks for your help. I still have some time to figure things out and get on a Tier 2 Visa with my Masters if necessary

[Casa]

I hope everything works out for you. The financial rule is tough and we have an incredible number of members who have family stuck overseas (often with children), waiting to achieve 6 months of documented earnings at the £18,600 pa level (or above if the children aren't British). This is why so many are resorting to taking the Surinder Singh route to settlement. There have been visas refused when the income has been short by just a few pounds or a pay slip/bank statement is missing from the 6 month period. It's not likely to get any easier in the forseeable future.