ilr supporting documents

[mysh23]

Hi,
In would really appreciate if someone could help me.
I am due on august 17 of this year. and i will be applying for my ilr application last week of august thats when my 5 year requirement apply.
my question is we will be using combined income which meets the threshold but as i will be on maternity leave i will be getting maternity allowance ( not eligible for smp) i will not have enough payslips to provide as i am planning to take my maternity leave before my application so will my application refuse.

any help would be appreciated.
thanks in advance.

[zimba]

Are you under family/spouse route ?

[mysh23]

yes.

I will be applying ilr spouse visa in august.

thanks for your reply

[zimba]

The rules say they can consider the date of commencement of the maternity rather than the date of the application to calculate the last 6 months. So you may provide evidence of income covering the 6-month period right up to the point of starting your maternity leave, rather than the date of application.

Where the applicant’s partner (and/or the applicant if they are in the UK with
permission to work) is in receipt of maternity, paternity, adoption or sick pay, or has
been so in the 6 months prior to the date of application, the relevant date for
considering the length of employment and the income from the employment can be either:

• the date of application
• the date of commencement of the maternity, paternity, adoption or sick leave

But the specified time periods for any other sources of income that are being
combined with the employment income will remain as otherwise set out in Appendix
FM-SE and this guidance.

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

[mysh23]

thank you so much for your reply.

sorry for asking a lot of questions, am i allowed to work if i am receiving maternity allowance from gov if not then when is the latest week i should stop working and start my leave.

and what supporting documents do I have to provide if i am on maternity leave while applying for my ilr application.
Do I have to give them my bank statement to show I am receiving my mater allowance, will that help.

thanks in advance
really appreciate your help..

[zimba]

Your work arrangements around the maternity period have nothing to do with immigration rules, seek help from your HR. The guide I shared above tells you what documents you need to send

[mysh23]

Hello,

I have submitted my ILR application recently through the priority service, and have received response via my solicitor to submit further documents.

Me and my husband both work for my father in law who is a sole trader, but the caseworker has requested documents which are usually required for a limited company. So the caseworker is assuming that it is a limited company, what is the best solution moving forward, the solicitor has suggested submitting a letter from the accountant to confirm trading status (sole trader) and proof of ownership for business and recent tax return and said he would provide a cover letter to mention that the law only states these documents are required for a limited company and not a sole trader.

Is this relevant as he is a sole trader and does not hold a ct600 tax return.

They have requested the following documents as we are working in a family business:

The latest Company Tax Return CT600
Accounts dated from the same period as the CT600
Accountants letter
Business and Personal bank statements dated from the same time as the CT600
Payslips and Dividend vouchers dated from the same time as the
СТ600
Evidence of ongoing trading

One of the following documents must also be provided:
Either

(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.

Or (2) Proof of ownership or lease of business premises.

Or (3) Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC

Can anyone also advise how long would they take to respond with a decision once the solicitor has submitted further documents as we selected the super priority service.

Kind Regards.

[zimba]

It seems you did not disclose above that you are working for a specified company/business.
Did your solicitor advise you correctly on your application ?
I shared the official guide above, did you read it ?

Applicants who work for a specified company must meet the requirements under the category F or G. Also only income earned within an annual tax year can be claimed. Any business, whether a limited company or sole trader is evaluated this way.

A specified company is defined as follows:

Paragraph 9(a) of Appendix FM-SE of the Immigration Rules sets out the definition of a specified limited company as being one where:

(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

I think the caseworker incorrectly asked for specified evidence for a director of a company. Instead, they should have asked for the documents given under the 'Sole trader, partner or franchise: specified evidence' section of the official guide (on pages 67 and 68)

Read the official guide: https://assets.publishing.service.gov.u ... rement.pdf

[mysh23]

Hi,
thank you for your reply,

For my last 2 applications I didn’t have to give any additional documents for the business as it is own by my father in law (sole trader) me and my husband just work there as an employee.
And I did have a look at what you sent. Thanks for that.
me and my husband works there we don’t own any share and my father in law doesn’t have those documents which they asked for. In that case what should we do. thanks

[zimba]

Ignore what the caseworker has asked. What documents under the section of the guide 'Sole trader, partner or franchise: specified evidence' you cannot provide ?

[mysh23]

we can only send letter from accountant confirming he sole trader, proof he owns the business, computation report and tax Return.
thanks