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

[ksmasher247]

Hi,

I'm about to apply for my spouse's ILR shortly, probably by this June. I get weekly pay and I'm non-salaried. I have earnt beyond the threshold of £9.3k over the course of the last 6 months (earned almost £12k). I want to apply under Cat A but only in one of the weeks, I have no pay (manager forgot to sign my pay on time, got my wage the following week). Should I be concerned?

I don't want to apply under Cat B because my earnings from last year to now is £15k+ (was on benefits and looked for jobs). Was employed for over 8 months.

Even excluding that 1 week pay, I am still in excess of having earnt £9.3k+ in the past 6 months. Am I good to go?

I'll be happy if you could let me know. Thanks.

[zimba]

What you earn each week on its own is not very relevant. You must calculate the annulised salary as that is how the minimum threshold of £18,600 is enforced. The guide tells you how you can calculate the non-salaried income earned:

(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of
months and multiplied by 12 (or by the number of weeks and multiplied by 52 where
payment is weekly, or by the number of days and multiplied by 365 where payment
is daily) = Income from non-salaried employment that can be counted towards the
financial requirement.

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

[ksmasher247]

Makes sense. So say in the last 6 months prior to application date, and I worked for 20 weeks total rather than 26 weeks (for instance), as long as I have earned over £9300+ and my latest payslip is issued within 28 days before applying in the last 6 months, I can apply under Category A?

I don't want to apply under catgeory B because I've earned only over £15k since last year but I've earned £10k+ in the last 6 months.

[zimba]

Makes sense. So say in the last 6 months prior to application date, and I worked for 20 weeks total rather than 26 weeks (for instance), as long as I have earned over £9300+ and my latest payslip is issued within 28 days before applying in the last 6 months, I can apply under Category A?

I don't want to apply under catgeory B because I've earned only over £15k since last year but I've earned £10k+ in the last 6 months.

Again, calculate what you earned over the 20 weeks, annualise it as expalined and see if you meet the requirements of £18,600 under category A

[ksmasher247]

Yeah, I calculated it using the method (20 weeks, from both of my jobs that are non-salaried) and it exceeds £18.6k. (It's around £19k+). So I'm good to go. I hope I can use both of my jobs for this as using only one is not enough.

[ksmasher247]

Hi,

I am about to apply for my spouse's ILR in 1-2 days. I need to double check if all is fine. (I had my solicitor but he said he's off sick for a while so I had to come back here). I'll summarise everything and simpify it all.

Job Position 1 (earned last 6 months, weekly pay):

• 5/1/2024 £354.89
  12/1/2024 £427.29
  19/1/2024 £605.34
  26/1/2024 £209.89
  10/5/2024 £463.20
  17/5/2024 £447.49

£2,508.10 divided by 26 weeks then multiplied by 52 weeks (annualised) =
£5016.20 per annum.

Job Position 2 (earned last 6 months, weekly pay):

• 26/1/2024 £295.36
  02/02/2024 £421.54
  09/02/2024 £700.85
  16/2/2024 £697.71
  23/2/2024 £478.68
  1/3/2024 £571.40
  8/3/2024 £547.69
  15/3/2024 £523.39
  22/3/2024 £426.10
  29/3/2024 £494.09
  5/4/2024 £576.12
  12/4/2024 £0.00
  19/4/2024 £408.38
  26/04/2024 £342.95
  03/05/2024 £563.11
  17/5/2024 tax refund
  24/5/2024 £509.86
  31/5/2024 £242.61

£7,799.84 divided by 26 weeks then multiplied by 52 weeks (annualised) =
£15,599.68 per annum.

Last 6 months income from January 2024 combined: £10,307.94
Combined annualised income: £20,615.88

....................
Gathered payslips from January 2024 (didn't bother getting December one as it's mostly tax refund and only 1 week pay).

Got all the bank statements, latest employment letters and payslips.

Intention: to apply under Category A.
-------------------------------------------------
Documents checklist:

● Documents:
In support of my application, I have attached the following:
● Scan of Signed Family Declaration – Filename: “Family Declaration Signed.pdf”
● Scan of Sponsor’s valid British Passport (all pages)
● Scan of expired OLD Bangladeshi Passport (all pages)
● Scan of current valid Bangladeshi Passport (all pages)
● Scan of current valid latest replacement Biometric Residence Permit (Residence Permit
Number: xxxxxxxxxxx)
● Scan of my lost Biometric Residence Permit Card (Residence Permit Number: xxxxxxxxxx)
(already followed the process in accordance to Home Office guide including reporting to
police for lost property - Met Police Reference Number for Lost Biometric Residence Card
is: xxxxxxxxxxxxxxxx).
● True Certified Copy of Nikahnama/Marriage Certificate (translated to English)
● English B1 Certificate
● Sponsor’s Corresponding Bank Statements for both jobs.
● Sponsor’s Payslips for both jobs.
● Sponsor’s Employment Letter for both jobs.


Joint ():
● Latest Utility bills under our names (Supplier is Octopus Energy). Filename: “Octopus Energy
Bill (Joint Names).pdf”
● Latest Utility bills under our names (Supplier is Thames Water). Filename: “Thames Water Bill
- Joint Names.pdf”

Sponsor:
● Rent Confirmation Letter - Sponsor.
● Driving Licence (Sponsor).
● Letter from Landlord confirming that I have been living with my husband in the same address
since my arrival date in the UK (Addressed to Sponsor).
Filename: “Sponsor - Letter from Landlord confirming Applicant's residency.pdf”
● Tenancy Agreement (Addressed to Sponsor).
● Sponsor, Council Tax 2022 to 2024.
● HMRC Tax Code Letter, Jan 2023
● Sponsor, Sanctuary Housing, Rent Letter, Feb 2023
● Sponsor, Sanctuary Housing, Annual Gas Check. Jan 2023
● Sponsor, NHS Appointment, Jan 2023
● Sponsor, NHS Appointment, Jun 2023
● Sponsor, NHS Appointment, May 2024
● Sponsor, NHS Appointment, May 2024 (Part 2).

Applicant:
● Driving Licence (Applicant).
● Applicant, NHS, 2022
● Applicant, NHS. June 2023
● ApplicantVoting Register - Jan 2024
● Electoral Register, Feb 2024
● Applicant, NHS, March 2024
● ApplicantNHS Appointment - Mar 2024
● Applicant, NHS, Apr 2024
● Polling Card Tanjina - May 2024

British Born Child:
● British Born Child - Birth Certificate -
● British Born Child NHS Appointment - Feb 2023
● British Born Child NHS Appointment - Feb 2023 (Part 2)
● British Born Child School Nursery Enrollment Confirmation Letter.

[zimba]

Some unnecessary documents, old BRPS, passports over 5 years, etc not needed. No need to send any evidence for the British child.
You also you need life in the UK

[ksmasher247]

Hi,

Thanks for your response. Yes, applicant does have Life in the UK test, pass.

I have contacted 3 solicitors, all of them said I'll need 26 weeks payslips. I said I'm sure that's not the case, I do have them but since I already exceeded £9.6k from January 2024 and onwards, no need to submit payslips over 5 monhs. Then they said the section where you mentioned the following only applies to Category B, not A. This is found in Page 31 of Family Migration: Appendix FM and Appendix HM. Armed Forces. Minimum income requirement.


"(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of
months and multiplied by 12 (or by the number of weeks and multiplied by 52 where
payment is weekly, or by the number of days and multiplied by 365 where payment
is daily) = Income from non-salaried employment that can be counted towards the
financial requirement."

I said I'm not too sure but I can't use Cat B due to having earned £15k since last May till now. But last 6 months, I earned £10,000+ in the course of just 19-20 weeks from January 2024. I'm so stressed right now and can't think straight.

[zimba]

It seems you like spending lots of money on solicitors rather than reading the guide which makes things very clear. I would like you to look at page 26 which says the same thing for category A. What I quoted is about how the annualised salary needs to be calculated when you are in non-salaried employment which under category A will be 6 months but under category B could be less than 6 months:

The only difference in Category A between salaried and non-salaried employment is
how gross annual salary or employment income is calculated:

Where the person is in salaried employment – 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. Therefore,
the figure used towards the requirement will be the lowest level of annual salary
received during the 6-month period.

Where the person is in non-salaried employment – the level of gross annual
employment income relied upon in the application will be the annual equivalent of the
person’s average gross monthly income from non-salaried employment in the 6
months prior to the date of application (where that employment was held throughout
that period).

To calculate this annualised average for non-salaried employment in Category A the
following calculation should be used:

(Total gross income from employment held throughout the 6-month period, divided
by 6) multiplied by 12 = Income from non-salaried employment that can be counted
towards the financial requirement.

Under category A you need to have held the same source of income for 6 months or more. Under category B it could be shorter. That is the only difference

[ksmasher247]

It seems you have lots of money to waste on solicitors rather than reading the guide which makes things very clear. I would like you to look at page 26 which says the same thing for category A. What I quoted is about how the annualised salary needs to be calculated when you are in non-salaried employment:

Where the person is in non-salaried employment – the level of gross annual
employment income relied upon in the application will be the annual equivalent of the
person’s average gross monthly income from non-salaried employment in the 6
months prior to the date of application (where that employment was held throughout
that period).

To calculate this annualised average for non-salaried employment in Category A the
following calculation should be used:

(Total gross income from employment held throughout the 6-month period, divided
by 6) multiplied by 12 = Income from non-salaried employment that can be counted
towards the financial requirement.

Hi. Thanks for the fast response. The solictors are family friends and 1 other said he'll offer 1 free legal advice. So I didn't have to pay any of them In terms of above quote, I think that applies to those who earn monthly on non-salaried employment.

In my case, I get paid weekly (some weeks I have gaps, due to no shifts).
I believe example C on page 28 is closest to my case:

Example (c)
In an application for permission, where the applicant must meet the £18,600
threshold, the applicant’s partner is in non-salaried employment in the UK. He works
on a weekly rota basis and does not receive any paid holidays. He has earned £450
each week in the same job for the last 7 calendar months, except for the week prior
to the date of application when he earned £150 owing to a holiday.
Non-salaried income = (gross earnings from employment held throughout the 6
month period, divided by 6) x 12
= ((25 weeks x 450 + 1 week x 150) ÷ 6) x 12
= (11,400 ÷ 6) x 12
= £22,800
The financial requirement is met through Category A non-salaried employment.

Correct me if I'm wrong please.

[zimba]

Yes, it does NOT matter that you have gaps. That is the whole point of non-salaried employment

[ksmasher247]

So will 19-20 weeks payslips be fine to apply under Category A having earned over £10,000? Or do I HAVE to submit all 26 weeks payslips even on some weeks where I earned gross £0.00 (tax refunds were issued), other weeks, no payslips produced at all. I really do not want to apply under Cat B; it's scary to think what might happen if I do.

Between Jan 2024 to May 2024, 19-20 payslips produced. Total gross earned is about £10,307.94. Salary is weekly (only when I work). So its's fine to apply under Cat A using those little amount of payslips?

[ksmasher247]

Yes, it does NOT matter that you have gaps. That is the whole point of non-salaried employment

Ok. Sorry, I am super stressed. Hardly had sleep for last 2-3 days.

[zimba]

So will 19-20 weeks payslips be fine to apply under Category A having earned over £10,000? Or do I HAVE to submit all 26 weeks payslips even on some weeks where I earned gross £0.00 (tax refunds were issued), other weeks, no payslips produced at all. I really do not want to apply under Cat B; it's scary to think what might happen if I do.

Between Jan 2024 to May 2024, 19-20 payslips produced. Total gross earned is about £10,307.94. Salary is weekly (only when I work). So its's fine to apply under Cat A using those little amount of payslips?

The total salary is what is considered, so on a week that you do not get paid, you can assume zero. Again, category A is all about being with the same employer for more than 6 months not having to produce a specific number of payslips or whatever

[ksmasher247]

So will 19-20 weeks payslips be fine to apply under Category A having earned over £10,000? Or do I HAVE to submit all 26 weeks payslips even on some weeks where I earned gross £0.00 (tax refunds were issued), other weeks, no payslips produced at all. I really do not want to apply under Cat B; it's scary to think what might happen if I do.

Between Jan 2024 to May 2024, 19-20 payslips produced. Total gross earned is about £10,307.94. Salary is weekly (only when I work). So its's fine to apply under Cat A using those little amount of payslips?

The total salary is what is considered, so on a week that you do not get paid, you can assume zero. Again, category A is all about being with the same employer for more than 6 months not having to produce a specific number of payslips or whatever

Yeah, I've been with both employers for well over 12 months. The example C scared me, thought that I have to have some form of income for every single week for 26 weeks even if I have a holiday or that I have to have all 26 weeks payslips even if it says £0.00 for which I don't have.

Right, I'm going to just go ahead and apply tomorrow. Sincerely hoping that all financial documents will suffice to the Home Office.

[ksmasher247]

So will 19-20 weeks payslips be fine to apply under Category A having earned over £10,000? Or do I HAVE to submit all 26 weeks payslips even on some weeks where I earned gross £0.00 (tax refunds were issued), other weeks, no payslips produced at all. I really do not want to apply under Cat B; it's scary to think what might happen if I do.

Between Jan 2024 to May 2024, 19-20 payslips produced. Total gross earned is about £10,307.94. Salary is weekly (only when I work). So its's fine to apply under Cat A using those little amount of payslips?

The total salary is what is considered, so on a week that you do not get paid, you can assume zero. Again, category A is all about being with the same employer for more than 6 months not having to produce a specific number of payslips or whatever

By the way, forgot to mention. One of my payslips shows that I received £1000+ tax refund as net pay but gross is £300+. That's ok to use? It's already mentioned in the employment letter that any tax refunds issued are not gross income.

If it's not ok to use, please let me know and I'll exclude that payslip from the application. Thanks

[zimba]

Net pay is irrelevant. Any refund or benefits given is also excluded. All it matters is the gross pay

[ksmasher247]

Net pay is irrelevant. Any refund or benefits given is also excluded. All it matters is the gross pay

Ok gotcha. That means I can still use that payslip for the application right? Because it has gross £300 and net £1k.

[zimba]

Net pay is irrelevant. Any refund or benefits given is also excluded. All it matters is the gross pay

Ok gotcha. That means I can still use that payslip for the application right? Because it has gross £300 and net £1k.

Again, gross pay is all that matters.

[ksmasher247]

Ok that's fine. I'll use that payslip for the application.

I'll apply tonight, I'll share some questions I may be stuck with. But I think it should be straightforward hopefully.

[ksmasher247]

Net pay is irrelevant. Any refund or benefits given is also excluded. All it matters is the gross pay

Ok gotcha. That means I can still use that payslip for the application right? Because it has gross £300 and net £1k.

Again, gross pay is all that matters.

One of the questions does ask:

"How long have you lived in the UK?"

She lived here 5 years and 1 month but back in 2022, she's been abroad to see her faily for 2 months. Should I subtract 5 years, 1 month to 4 years and 10 months?

[CR001]

One of the questions does ask:

"How long have you lived in the UK?"

She lived here 5 years and 1 month but back in 2022, she's been abroad to see her faily for 2 months. Should I subtract 5 years, 1 month to 4 years and 10 months?

No!

[ksmasher247]

One of the questions does ask:

"How long have you lived in the UK?"

She lived here 5 years and 1 month but back in 2022, she's been abroad to see her faily for 2 months. Should I subtract 5 years, 1 month to 4 years and 10 months?

No!

Yeah, found out you don't do that unless she stayed over 180 days which she hasn't. I submitted everything online last night. Booked a biometric appointment too; I thought it'll be free to book but it wasn't/ Had to pay extra £143. Strange.

Just wondering if I answered just fine for the following:

"Do you have any friends in your country of birth, No
nationality or any other country where you have
lived for more than 5 years? No. Explain why you do not have friends in any of these
countries: They have all moved to abroad for various reasons
such as settling, work, married, etc."

And on the UKVCA upload website, uploaded everything but just confused on the last part:

"Documents supporting my other reasons to stay in the UK".

I don't what documents to submit except an invitation letter from my daughter's school for her to start nursery. It's an optional section too.

[CR001]

found out you don't do that unless she stayed over 180 days which she hasn't.

There is no 180 day absence issue or limit for spouse visa holders. It applies to a completely different visa category with different rules.

[ksmasher247]

found out you don't do that unless she stayed over 180 days which she hasn't.

There is no 180 day absence issue or limit for spouse visa holders. It applies to a completely different visa category with different rules.

Oh ok. Got it. What about the other 2 questions?