6 months or 12 months payslips

[effell007]

Hi, I got myself stuck in Bangladesh from Feb-Sep'20 (7months) last year due to corvid lockdown and flights cancellation 3 times. I am due to apply for ILR in Sep -21. Will it be an issue to apply for ILR as I stayed more than 7 months out of UK due to unforeseen situation. Any suggestions how to mitigate this problem. If anyone have any real case scenario please share.

[CR001]

There is no absence limit restrictions for FLR M visa holders.

[effell007]

Hi All,
I have few queries regarding director salary and relevant company documents for my wife ILR application SET (M)-

1. I am an employee of my company and take wages same for last 2 years. Company accounts Year ended 31.5.21. the requirement is to submit CT600 and 12 months business and personal bank statements and payslips for the relevant period. My question is do I have to send Jun-Aug'21 payslips if I apply for my wife in Sep-21?

2. My salary for full-year 13k and my wife has been an employee for the same employer for last 6 months and she received 3.7k for the last 6 months (7.4K annual salary-permanent job). Does that meet the 18.6k criteria?

3. My 2 children are British. Does she need to add them in the application as non-dependent children?

[zimba]

1. No. You must send evidence matching the accounting year of your company.
Please go and read the guide and see the requirements under category F or G: https://assets.publishing.service.gov.u ... .0-ext.pdf

2. Under category F or G, it is the financial year that counts rather than the last 6 months even when you combine it with salaried employment of hers. Her employment period you can combine with yours must match the accounting period of your company and NOT the last 6 months. That is her employment period until the Year-end 31.5.21. So It is the total income for that specific period that must exceed £18,600. Please note that while she must still be employed at the moment in the same position, any income she made after 31.5.21 cannot be combined with yours.

3. No

[effell007]

Thank you so much for your prompt reply and valuable information.

2. She start working from Mar-21 from a different employer ( not my company). She can only provide 3 months payslips in that case. Is there any other way we can meet £18600 since both of us working for same employer for last 6 months (in my case- director wages).

[zimba]

Thank you so much for your prompt reply and valuable information.

2. She start working from Mar-21 from a different employer ( not my company). She can only provide 3 months payslips in that case. Is there any other way we can meet £18600 since both of us working for same employer for last 6 months (in my case- director wages).

What do you mean you are both working for the same employer? I thought you are working via your own company and she is employed somewhere else.

[effell007]

Yes, you are right. I work for my company as employee for last 4 years. She is working for different employer for last 6 months. My annual salary £12.6k and her 7.5k. But problem is, as you rightly mentioned I am director of my company and she started Feb-21. My company year ends 31.5.21. I worked out if you combine the total income for the period end 31.5.21 is going to be 15,115. £3.5k short of 18.6k. Any other possible way can we meet the shortfall (i.e. self employment, divided, etc ).

[zimba]

Not possible through income as far as I see it. Read the guide and you can see different options. See if you can use any like cash saving

[effell007]

Thank you, Zimba.
I am wondering if I terminate myself from the company as director (sell all my shares to another shareholder) would that be treated me as an employee of a non-specified company. In that case, both of us fall under category A.

[zimba]

Thank you, Zimba.
I am wondering if I terminate myself from the company as director (sell all my shares to another shareholder) would that be treated me as an employee of a non-specified company. In that case, both of us fall under category A.

Category A is for people being employed in a non-specified company for at least 6 months.

[effell007]

Thank You Zimba.
If I sell all my shares and reign from directorship I am no longer the director or related to the company. Hence, I will be employed by a company to which I am not related as of today and in other words, I would have no access to bank statements or CT600. Sorry for being a pain, but I guess that's the only option I have. What do you think?

[zimba]

Thank You Zimba.
If I sell all my shares and reign from directorship I am no longer the director or related to the company. Hence, I will be employed by a company to which I am not related as of today and in other words, I would have no access to bank statements or CT600. Sorry for being a pain, but I guess that's the only option I have. What do you think?

Even if in theory we say that is possible, you must apply under category B (in combination with Catagory G/F) and show you made enough money in the last 12 months. Given that you will NOT be in charge of the company anymore and therefore your engagement is NOT ongoing anymore, you cannot claim any income you made as director in that period at all under category F or G. You would have even less income to satisfy the requirements

[effell007]

That's very helpful and really appreciate your valuable suggestions.
My wife worked last 6 months under the same employer. If you both apply under B it will not meet 18.6K. Can she apply under Category A ( annual 7.3k gross) and Can I as a partner apply under category B. Or, it has to be both under the same category?

[zimba]

That's very helpful and really appreciate your valuable suggestions.
My wife worked last 6 months under the same employer. If you both apply under B it will not meet 18.6K. Can she apply under Category A ( annual 7.3k gross) and Can I as a partner apply under category B. Or, it has to be both under the same category?

You can combine your income and hers under different categories to qualify as long as the combination is allowed. Even if the income is considered under category A and yours under category B, I explained you still cannot satisfy the requirement. Your income under category B for the last 12 months is ZERO
Please read the guide as I have repeated several times

[effell007]

Hi,
I am applying for my Wife's SET (M) application. We are combining our salaries to meet the financial criteria under Category A. We both worked individually under the same employer for the last 6 months and the same amount continuously for both cases. But, individually none of our annual salary above the financial limit. Which option should we choose?

The same amount continuously, above the financial requirement amount
{asks for 6 months payslips, but individually none of our annual salaries is above the financial limit}

The same amount continuously, below the financial requirement amount.
{This option asks for 12-month payslips which my wife doesn't have as she worked for this employer for the last 6 month (salaried). }

[zimba]

Your company income cannot be counted under category A or B as you were not employed in a non-specified company. As explained to you above you cannot do what you want.

DO NOT start new posts

[effell007]

I resigned and transferred all the shareholding to another shareholder in Feb-21 and a confirmation statement was submitted accordingly. From Mar-21 to Aug-21 I am working as an employee. Therefore, my last 6 months' income should be counted under Cat A. correct me if I am wrong. Sorry for making a new post as I am confused about which option to select (1/2).

[Javid23]

If you are not the director of the company and you work as an employee and your wife work same as an employee than you both can combine your income which should be £18600 or more

[zimba]

I resigned and transferred all the shareholding to another shareholder in Feb-21 and a confirmation statement was submitted accordingly. From Mar-21 to Aug-21 I am working as an employee. Therefore, my last 6 months' income should be counted under Cat A. correct me if I am wrong. Sorry for making a new post as I am confused about which option to select (1/2).

If you resigned in Feb then it is fine