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Thank you very much. So can I assume that section 3C still applies even if the application to vary was made "late" according to the processing time?manci wrote: ↑Tue Jun 15, 2021 2:05 pmIf your wife applies for ILR before her current permission (visa) expires her current FLR(M) leave will continue unchanged until she gets a decision on the ILR application. This means that there is no need for her to leave the UK even if the ILR decision doesn't come through by the time her current permission (visa) expires.
This is under section 3C
Has your wife been living in the UK for 5+ years on a partner visa or the 5+ years are a combination of time on another type of visa and a partner visa?
An "in-time application" is one made when the applicant still has an extendable form of Leave to Remain (so, not visit visas) and makes the application to extend or vary that leave while they still have the leave and are in the UK.Secton 3C of the Immigration Act 1971 wrote:3C Continuation of leave pending variation decision
(1)This section applies if—
(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b)the application for variation is made before the leave expires, and
(c)the leave expires without the application for variation having been decided.
The first 6 months were on an engagement visa, since then it was FLR-M, does that make a difference?
Thanks a lot, that's what I wanted to know. It's not how I would use the term "in-time application" (who am I to reason why?) but the definition you give does explain why that term was used on the government website.secret.simon wrote: ↑Tue Jun 15, 2021 8:49 pmAn "in-time application" is one made when the applicant still has an extendable form of Leave to Remain (so, not visit visas) and makes the application to extend or vary that leave while they still have the leave and are in the UK.
An "out-of-time application" would be one that is made after the applicant's leave has expired. It may be just the day after the date on which the applicant's leave expired, but Section 3C would not apply then.
It does. The time spent under the fiance visa does not count for the purpose of ILR.
Thank you, I didn't notice that! That's really disappointing but good to know so I appreciate you pointing it out.secret.simon wrote: ↑Thu Jun 17, 2021 10:42 amIt does. The time spent under the fiance visa does not count for the purpose of ILR.
Her ILR clock will have started after the first grant of FLR(M) after the marriage and she would be eligible to apply for ILR on or after the fifth anniversary of that first grant of FLR(M).
She can apply 28 days before the five year anniversary of her first FLR(M) visa.
You can make the Set(M) application 28 days before the five year anniversary, and it must be before the expiration date of the current visa to be in time. And yes, as long as you make the application (that is, submit and pay for it) before the current visa expires, it will be in time, even if document upload and biometric occur later.
Thank you very much for the information. Do you have a reference for this 28 day rule, for example from legislation, from the Immigration Rules, or from a webpage on government website? I tried searching Google about this but unfortunately could not find any references other than on this forum.Dantean wrote: ↑Sun Jun 20, 2021 5:16 pmShe can apply 28 days before the five year anniversary of her first FLR(M) visa.
I find this website to be helpful to double check date calculation:
https://www.timeanddate.com/date/dateadd.html
You can put the 5 year anniversary date in and then subtract 28 days.
You can make the Set(M) application 28 days before the five year anniversary, and it must be before the expiration date of the current visa to be in time. And yes, as long as you make the application (that is, submit and pay for it) before the current visa expires, it will be in time, even if document upload and biometric occur later.
The date of submission and payment is the official date of application. You may not be able to find a biometric appointment until 4 weeks after your application, but that is ok. Once the "in-time" application is in, the current leave continues until a decision is made.
I sometimes see this document quoted, but it lists the routes it applies to (e.g. Skilled worker, Tier 2 (General), UK Ancestry, etc.) and it does not include the Spouse route.
But, if you look at the old pdf guidance notes for form Set (M), it has the text below. That document seems to no longer be on the gov.uk servers but some solicitors' sites still have it.You must count backwards from whichever of the following is most beneficial to the applicant to see whether they meet the qualifying period:
• the date of application
• any date up to 28 days after the date of application
• the date of decision
• for a person seeking settlement on the UK Ancestry route, the date of their last grant of permission
If you do a search for "Set M guidance notes" you should be able to find the pdf from 2017. UKVI doesn't seem to publish an equivalent document for the online application, but you might find it reassuring that it has been documented on an official UKVI document. And as CR001 mentions, it has successfully been used by many who post in the forum.5. When To Apply
You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the qualifying period required by the Immigration Rules.
Please do not apply more than 28 days before completing that period. If you apply earlier than that, your application may be refused. If that happens, we will not refund the fee and you will have to pay again when reapplying.
The guide is very clear on this: https://assets.publishing.service.gov.u ... .0-ext.pdfFirst, 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, or earning the amount relied upon, for less than the
last 6 months, they can count the gross annual salary at the date of application
towards the financial requirement. There is no required minimum period for this
current employment, provided that the requirements for specified evidence under
paragraph 2 of Appendix FM-SE can be met in respect of it.
Second, the person must in addition have received in the 12 months prior to the date
of application the level of income required to meet the financial requirement, based
on:
• the gross amount of salaried or non-salaried employment income of the
applicant’s partner (in the UK or overseas) and/or the applicant (if they are in
the UK with permission to work)
• the gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own
the relevant asset (for example, property, interest from shares) at the date of
application
• the gross amount of any State (UK or foreign), occupational or private pension
received by the applicant’s partner or the applicant
Hi, I have already read this information, hence why I said in my original post "I am able to meet the financial requirement in category B as my current gross annual salary is more than the threshold, and also my total income from both my current employer and previous employer over the last 12 months is more than the threshold."Zimba wrote: ↑Fri Sep 17, 2021 12:42 pmUnder Category B, the financial requirement must be met and evidenced in 2 parts.
The guide is very clear on this: https://assets.publishing.service.gov.u ... .0-ext.pdfFirst, 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, or earning the amount relied upon, for less than the
last 6 months, they can count the gross annual salary at the date of application
towards the financial requirement. There is no required minimum period for this
current employment, provided that the requirements for specified evidence under
paragraph 2 of Appendix FM-SE can be met in respect of it.
Second, the person must in addition have received in the 12 months prior to the date
of application the level of income required to meet the financial requirement, based
on:
• the gross amount of salaried or non-salaried employment income of the
applicant’s partner (in the UK or overseas) and/or the applicant (if they are in
the UK with permission to work)
• the gross amount of any specified non-employment income received by the
applicant’s partner, the applicant or both jointly, provided they continue to own
the relevant asset (for example, property, interest from shares) at the date of
application
• the gross amount of any State (UK or foreign), occupational or private pension
received by the applicant’s partner or the applicant
Correct if for 6months the gross meets CAT A, then you are able to use all financial requirement from current employer.kidburla wrote: ↑Fri Sep 17, 2021 2:48 pmHi all, sorry, I have just realised that actually I can evidence that we are able to meet the financial requirement solely on the basis of my current employer. This is because my gross salary to date with my current employer is already above the financial requirement threshold. (Previously I incorrectly used my net salary rather than gross salary for this calculation, hence my earlier questions.)
On this basis, can I assume we don't need to provide any evidence relating to my previous employer, as it's unnecessary to take this into consideration in order to demonstrate we meet the financial requirement?
Have you made £18600 in the last 4 months ?kidburla wrote: ↑Fri Sep 17, 2021 2:48 pmHi all, sorry, I have just realised that actually I can evidence that we are able to meet the financial requirement solely on the basis of my current employer. This is because my gross salary to date with my current employer is already above the financial requirement threshold. (Previously I incorrectly used my net salary rather than gross salary for this calculation, hence my earlier questions.)
On this basis, can I assume we don't need to provide any evidence relating to my previous employer, as it's unnecessary to take this into consideration in order to demonstrate we meet the financial requirement?
The OP has only been employed for 4 months in his current position, Category A is not an optionAmazonianX wrote: ↑Fri Sep 17, 2021 3:09 pmCorrect if for 6months the gross meets CAT A, then you are able to use all financial requirement from current employer.
Yes, I have made more than £18600 gross in the last 4 months. That's what I meant by "my gross salary to date with my current employer is already above the financial requirement threshold". My financial requirement threshold is £18600. Thanks.Zimba wrote: ↑Fri Sep 17, 2021 3:13 pmHave you made £18600 in the last 4 months ?kidburla wrote: ↑Fri Sep 17, 2021 2:48 pmHi all, sorry, I have just realised that actually I can evidence that we are able to meet the financial requirement solely on the basis of my current employer. This is because my gross salary to date with my current employer is already above the financial requirement threshold. (Previously I incorrectly used my net salary rather than gross salary for this calculation, hence my earlier questions.)
On this basis, can I assume we don't need to provide any evidence relating to my previous employer, as it's unnecessary to take this into consideration in order to demonstrate we meet the financial requirement?
If not, then how are you saying you can solely rely on your current employment to satisfy part 2 ?
That's correct, and what I was saying in my earlier message. What I'm asking is do I still need to provide evidence relating to my previous employer even though I am not relying on that evidence to prove the financial requirement? The guidance on the government website says I need to provide "Payslips covering any period of salaried employment (current and previous) in the period of 12 months prior to the date of application". My employment with my previous employer was a period of salaried employment and did generate payslips in the period of 12 months prior to the date of application. However I'm in no way relying on those payslips so I assume I don't need to provide them?