specific FLR (m) Category B question

[wiqram]

I will keep it short as always.

I am applying for my wife's FLRm visa next month.

By next month, my wife will be completing 5 full months of employment with her employer at £50K permanent salary.

Because it is less than 6 months employment we will be applying to meet financial requirement for flrm under category B.

With her job she is able to meet the requirement 1 of cat B which is annual salary more than £18600.

Now the question -

Even though she has only completed 5 months in her current job she has already earned more than £18600 gross so far. so to meet requirement 2 of cat B she does not have to show anything more because her income in last 12 months is sufficiently meeting the requirement.

Am i wrong in saying this? If yes, please correct me and let me know whether i should be showing her previous employment salary details as well.

I ask this because her previous employment was as a director of a limited company and it is a major headache to include that in the FLRm application.

Again, thanks for your support.

[Mauser1905]

If she wasn't working and earning prior the 5 months, she could pro rata the 5 months salary to extend to full 12 months.

However she was working and earning as director, so it will require to be included. Her accountant should be able to provide her with her pay slips, P60, and accountant certificate stating her gross income breaking down the PAYE, dividend parts etc. If her company has been trading for few years then she should have Tax returns which gives all the information required.

Hope this helps.

[wiqram]

Mauser, thanks a lot for your quick response. Much appreciated.

I have had a discussion with the UKBA on this as well and this is what they have stated -->

In my situation where the FLRm applicant is earning £50K per annum and started to work for the new employer less than 6 months ago the following two conditions are met under Category B -

1) Applicant is earning greater than £18600 per annum, and
2) Applicant has earned greater than £18600 gross in the last 12 months (i.e. in the last 5 months of applicant's employment with new employer)

If the above is the case then i do not need to show any further proofs of applicant's previous employment.

Is that ok? if it is not Ok and if you still suggest that it is better to show the proof of employment as a director limited company (which she was for 2 years prior to joining the new employer in oct 2014) then how can i combine Category B and Category F or G? Or can i just add everything in Category B, current employer (permanent) + contracting income of the remainder of the last 12 months?

If someone can respond to this question, i would be very grateful. I can't believe that no one else has faced a similar situation before as i have scoured the net but nothing similar can be found. i.e. Contracting to permanent and then FLRM under category B!

[Obie]

She cannot relay on Category F and combine it with B, unless she is still a director under category F.

She can rely on category B, if she presently have a job that earns the requirement, and over the 12 months leading to the application, she has earned the income requirement, which seems to be the case here.

[wiqram]

Thank you very much.

I am going to proceed with her applying FLRM under category B and only showing the salary slips for last 5 months with her current employer where she has earned £22000 gross and showing her employment letter with £50K annual salary.

Lets see what happens.

I will update you all once the application is made next month.

Regards,
Vikram Bharwani

[Rayking]

Thank you very much.

I am going to proceed with her applying FLRM under category B and only showing the salary slips for last 5 months with her current employer where she has earned £22000 gross and showing her employment letter with £50K annual salary.

Lets see what happens.

I will update you all once the application is made next month.

Regards,
Vikram Bharwani

If you're earning 18600 or above,why not use your income? It doesn't have to be that of your wife.if you use 5 months income, the application will be refused I'm afraid. It doesn't matter if she already earn the required amount in 3 or 5 months.

[Obie]

if you use 5 months income, the application will be refused I'm afraid. It doesn't matter if she already earn the required amount in 3 or 5 months.

Not sure i quite agree with that.

For the purpose of Cat B, she will be fine, provided the earning in the 12 months preceding the application meets or exceeds the requirement, notwithstanding the fact that they had not worked or have been working for a continuous period in the 12 months period leading to the lodging of the application.

[wiqram]

Thank you very much for the warning.

The reason why i did not want to use my income was because I have been contracting and am a director of a limited company which falls under Category F or G. Although I have been the director for the last 2 years I dont know if they consider salary + dividends. And the documentation needed would be immense.

Also as Obie has suggested that We cannot show my wife's last 5 months salary slips and the employer letter + her income as the director of the company prior to her current employment? She too was contracting and was a director of a company for 2 years before she left and joined as a permanent. Thus category B cannot include current permanent + previous contracting income for the last 12 months!!!

Such a pain !

Regards,
Vikram.

[Obie]

The difficulty for me is that your wife is not considered as Employed for the purpose of Category B, but rather as a person who falls within Cat F or G.

She is a director of a company and hence considered under Category F or G.

However if she is simply an employee, then my view is that she should be fine.

[wiqram]

The difficulty for me is that your wife is not considered as Employed for the purpose of Category B, but rather as a person who falls within Cat F or G.

She is a director of a company and hence considered under Category F or G.

Obie, she left her position as a director of the company in Sept 2014, last year. She moved to permanent job immediately, in Oct 2014 which is paying her £50K per annum. Only if I could wait for another 8 days to apply for her FLRm she would have completed 6 months and we could have applied under Category A.

Now that we have to apply under Category B all this confusion has come about.

I have read the entire document front to back and nowhere can I find a statement that suggests that under Category B they need last 12 months salary slips. All that I have seen is that under Category B she has to earn more than £18600 gross in last 12 months and should earn more than £18600 gross in the next year. Which she meets with her current employment and last 5 pay slips !

Man, such is the confusion !

[Obie]

I have read the entire document front to back and nowhere can I find a statement that suggests that under Category B they need last 12 months salary slips. All that I have seen is that under Category B she has to earn more than £18600 gross in last 12 months and should earn more than £18600 gross in the next year. Which she meets with her current employment and last 5 pay slips !

Man, such is the confusion !

Those are not my views.

I simply stated that if she is a director at present, which thankfully she is not, then you would have encountered some difficulties, given the fact that she will be required to show a year tax return or the average of 2 years.

[wiqram]

Thanks a lot Obie and Rayking. Your views and advice is much appreciated.

Based on my understanding so far and the advice i have been given, I am planning to continue my wife's application under Cat B and give all evidence of her gross income in last 5 months and employment letter with per annum salary.

In the background I will also arrange all required documentation to show my wife's income during her tenure as a director of a company, from Oct 2012 to Sept 2014 to ensure that if any questions are asked these documents can be shown to the case worker. I really believe they should be happy with the documents, but if they are not then my wife will give the additional docs.

I have 3 more weeks to go.

[Rayking]

The difficulty for me is that your wife is not considered as Employed for the purpose of Category B, but rather as a person who falls within Cat F or G.

She is a director of a company and hence considered under Category F or G.

Obie, she left her position as a director of the company in Sept 2014, last year. She moved to permanent job immediately, in Oct 2014 which is paying her £50K per annum. Only if I could wait for another 8 days to apply for her FLRm she would have completed 6 months and we could have applied under Category A.

Now that we have to apply under Category B all this confusion has come about.

I have read the entire document front to back and nowhere can I find a statement that suggests that under Category B they need last 12 months salary slips. All that I have seen is that under Category B she has to earn more than £18600 gross in last 12 months and should earn more than £18600 gross in the next year. Which she meets with her current employment and last 5 pay slips !

Man, such is the confusion !

"Only if I could wait for another 8 days to apply for her FLRm she would have completed 6 months and we could have applied under Category A."
@ Obie,what's your opinion about 28 days rule,isn't it risky?I was thinking may be he can wait for 8 days,since it won't be counted against him?
I don't know, just asking for your experience about that.

[Obie]

Rayking, I believe under Category B, a Person does not need to show that they have been working for 12 months.

Less that 12 months is fine, provided the person had earned that 18,600 over the 12 months period leading to the application, which is what the OP is saying is his case.

[Rayking]

Rayking, I believe under Category B, a Person does not need to show that they have been working for 12 months.

Less that 12 months is fine, provided the person had earned that 18,600 over the 12 months period leading to the application, which is what the OP is saying is his case.

Oh,now i got your point! That's true

[wiqram]

Hello Guys, just wanted to post an update.

We went for the interview in croydon last week and i didnt know that the procedure has changed. We no longer saw the case worker and they took the big folder which had all our documents during the time of finger print scanning.

By mistake i added my finance details documents in the folder along with my wife's current perm employment (of past 5 months) and previous director employment ( of preceding 7 months). Although in the FLRM form we did not add any of my details in finance section and only my wife's details, the case worker actually considered my wife's current perm employment salary and my ltd company letter from my accountant and my salary & div from the company. We were not asked questions at all but just because they considered the self employment documents the process took over 75 min for case worker to look at. I think, had i not included my self employment documents the case worker would have just had checked my wife's employment docs and completed the process in less than 30-40 min. They are really fast if you are not self employed and in a perm position for more than 6 months.

So, all in all, we got the flrm and the next stop is ILR in 2.5 years time.

Thanks for all your help and support guys.

[theroyale]

How do you know for sure what they considered while deciding your case?

[Rayking]

How do you know for sure what they considered while deciding your case?

Hmm,that's an interesting question! Congrats all the same.

[wiqram]

How do you know for sure what they considered while deciding your case?

That is a good question.

So at the time of applying for this visa we had a medical emergency and had to leave asap. When I asked a guy over there for the reason for our delay in decision he checked with the case worker and confirmed that it was because they were considering my self employment details.

That is how I got to know.

[Ahmedshare96]

If she wasn't working and earning prior the 5 months, she could pro rata the 5 months salary to extend to full 12 months.

However she was working and earning as director, so it will require to be included. Her accountant should be able to provide her with her pay slips, P60, and accountant certificate stating her gross income breaking down the PAYE, dividend parts etc. If her company has been trading for few years then she should have Tax returns which gives all the information required.

Hope this helps.

Hi can you please advice on the above. Do we require 12 month payslips and the company tax return.

[CR001]

If she wasn't working and earning prior the 5 months, she could pro rata the 5 months salary to extend to full 12 months.

However she was working and earning as director, so it will require to be included. Her accountant should be able to provide her with her pay slips, P60, and accountant certificate stating her gross income breaking down the PAYE, dividend parts etc. If her company has been trading for few years then she should have Tax returns which gives all the information required.

Hope this helps.

Hi can you please advice on the above. Do we require 12 month payslips and the company tax return.

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