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Salary Question...

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

xzaf
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Re: ILR Application?

Post by xzaf » Fri Apr 01, 2022 12:46 pm

Zimba wrote:
Fri Apr 01, 2022 12:17 pm
Correct
Thanks Zimba, i read the below on another site which has confused me... :(

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Which Sources of Income Cannot Be Combined to Satisfy the Partner & Family Visa Financial Requirement?

Income from Categories A and B cannot be combined with each other. So, if you and your partner are both in employment in the UK, you can only combine your income if you both fall under Category A or you both fall under Category B.

As stated above, there is an exception to combining Category B income with cash savings. Specifically, at stage 2 of Category B, where the income which you have actually earned over the last 12 months is assessed, you cannot rely on cash savings.

Finally, cash savings cannot be combined with self-employment income, or with income from employment as a director or employee of a specified limited company in the UK, under either Category F or G.

Thanks

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zimba
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Re: ILR Application?

Post by zimba » Fri Apr 01, 2022 2:21 pm

I had to be clearer: You can both apply under category A or both apply under category B.
Category B is allowed to be used if you do not meet the required income level, even when the person who has been in employment over the 6 months
Category B: Less than 6 months with current employer or variable income – person residing in the UK
This category can be used where the applicant’s partner (and/or the applicant if they
are in the UK with permission to work) is in salaried or non-salaried employment at
the date of application, but has not been with the same employer and/or not earning
the income level relied upon in the application for at least 6 months prior to the date
of application.
So you both have jobs over 6 months, both of you combine salaries under category A.
If you change jobs, both of you combine salaries under category B.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

xzaf
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Re: ILR Application?

Post by xzaf » Fri Apr 01, 2022 3:16 pm

i'm still not sure if i understand this properly or the penny is not dropping please bear with me...

So, if i am on Category B and my Partner is on Category A and because of my partner earnings is not enough to be £18600 can i use my earnings to make up the difference?

or is it like this if i understand this correctly, because both of us earnings are below the required amount, doesn't matter whether its more than six months or less duration, we have to select Category B to combine our earnings to make up to £18600?

And category A would only be used if one of us is earning £18600?

Is this correct understanding Zimba? :)

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Re: ILR Application?

Post by zimba » Sat Apr 02, 2022 1:06 am

xzaf wrote:
Fri Apr 01, 2022 3:16 pm
or is it like this if i understand this correctly, because both of us earnings are below the required amount, doesn't matter whether its more than six months or less duration, we have to select Category B to combine our earnings to make up to £18600?
Correct
And category A would only be used if one of us is earning £18600?
No. Earning is not relevant. The period you have been employed is. So you both must have been employed for at least 6 months to apply via category A :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

xzaf
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Re: ILR Application?

Post by xzaf » Sat Apr 02, 2022 12:48 pm

Zimba wrote:
Sat Apr 02, 2022 1:06 am
xzaf wrote:
Fri Apr 01, 2022 3:16 pm
or is it like this if i understand this correctly, because both of us earnings are below the required amount, doesn't matter whether its more than six months or less duration, we have to select Category B to combine our earnings to make up to £18600?
Correct
And category A would only be used if one of us is earning £18600?
No. Earning is not relevant. The period you have been employed is. So you both must have been employed for at least 6 months to apply via category A :!:
So one final time again please... :) apology but need to be 100% sure i understand this on my part..

So we can apply under Cat B, when either both our incomes are low (e.g. My income is £12,000 and partner is £6,600) we both need to combine to make £18,600 REGARDLESS if we have been with the same employer for MORE than six months, OR less than six months its Cat B ?

And Cat A can ONLY be used if we are both with the same employer for MORE than 6 months, and we can either combine our income (example as above) to meet the requirement OR if ONE of us salary is at £18,600 which meets the requirement.. its Cat A

Is the above understandings correct Zimba? :)

Thank you.

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Re: ILR Application?

Post by zimba » Sat Apr 02, 2022 4:10 pm

Correct.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

xzaf
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Re: ILR Application?

Post by xzaf » Sat Apr 02, 2022 4:41 pm

Zimba wrote:
Sat Apr 02, 2022 4:10 pm
Correct.
Thank you!

xzaf
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Re: ILR Application?

Post by xzaf » Sat Apr 02, 2022 7:30 pm

Hi Again,

Another dilemma which I'm struggling to fully understand, I've read the financial requirement doc, the doc read if the hours vary its non-salaried and i need further clarification pls.. :cry:

Can someone please explain if the below falls under salaried or non-salaried and calculation of Cat A?

My partner has a permanent contract but her hours have recently been reduced to minimum of 16 hours per week contract, but her work hours differ every other week depending on the workload and she has been with the same employer for over 6 months, she gets hourly rate @ 9.55.
is this salaried or non-salaried?

Prior/or on the day of summiting he r application, her reduced hours will have been for last 4 months. Before her hours were 40 hrs a week for 5 months.

Calculating income for my partner under Category A, do we work from the lowest 16 hours amount for the last 4 months and or do we also include the high 40 hours income for the remaining 2 months to make up 6 months under category A requirement?

What is the best solution or alternative here?

Thank you.

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zimba
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Re: ILR Application?

Post by zimba » Sun Apr 03, 2022 1:43 am

If she gets paid hourly for hours worked and there is no minimum pay, then it is non-salaried.
The calculation has nothing to do with hours. The guide is very very clear on this:
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
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

xzaf
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Re: ILR Application?

Post by xzaf » Wed May 25, 2022 10:27 pm

Hi again,

Is the marriage and the child birth certificate required for ILR (M)?

I've submitted my documents and my Biometric yesterday, but a friend think i should have summited the marriage certificate and the birth certificate for the child also..

But I did not get asked for marriage certificate or a child birth certificate in the document checklist, so I'm a bit confused and worried i may have missed these documents? :(

Please advise, and if this true how can i rectify this can i still upload these documents myself?

Thanks

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Re: ILR Application?

Post by zimba » Thu May 26, 2022 12:36 pm

If such documents have been submitted before there is no need for them again. If any document is required, then you will be asked to send them to UKVI.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

xzaf
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Re: ILR Application?

Post by xzaf » Thu May 26, 2022 12:51 pm

Zimba wrote:
Thu May 26, 2022 12:36 pm
If such documents have been submitted before there is no need for them again. If any document is required, then you will be asked to send them to UKVI.
Hi Zimba

when you say before are you referring to when we did FLR (M) back 2.5 years ago? :)

Thanks

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Re: ILR Application?

Post by zimba » Thu May 26, 2022 1:04 pm

Yes
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