ILR and Ir35 rules

[boy2017]

Hi Experts,

Hope you're all doing well.

I have a question regarding my ILR which is due within the next 12 months.

I'm currently not working and wish to take some short interim roles in the coming 12 months. I'm under the impression that I should have continuous employment for 6 months before I apply for ILR (I.e. 6 months pay slips). However, I'm a bit confused about the 12months rule that I believe is to show earnings from previous employer to meet minimum financial requirements over the past 12 months, am I right in thinking it doesn't matter how many previous employers you had in the last 12 months, from the date of application, as long you meet the minimum threshold collectively?

Kindly enlighten me with your expert advice so that I position myself well in time to avoid any potential pitfalls.

Many Thanks,

[boy2017]

Anybody could response please?? Thanks

[Ticktack]

The requirement is to have a stable job that requires you for the "unforeseeable future". Not sure your hop arounds would cut it.

[secret.simon]

Hi Experts,

Hope you're all doing well.

I have a question regarding my ILR which is due within the next 12 months.

I'm currently not working and wish to take some short interim roles in the coming 12 months. I'm under the impression that I should have continuous employment for 6 months before I apply for ILR (I.e. 6 months pay slips). However, I'm a bit confused about the 12months rule that I believe is to show earnings from previous employer to meet minimum financial requirements over the past 12 months, am I right in thinking it doesn't matter how many previous employers you had in the last 12 months, from the date of application, as long you meet the minimum threshold collectively?

Kindly enlighten me with your expert advice so that I position myself well in time to avoid any potential pitfalls.

Many Thanks,

Just to clarify, what visa are you on?

If you are on a spouse visa, does your sponsor meet the minimum income requirement?

[boy2017]

Hi Simon,

Apologies for not being much clear about the complete situation. Yes I'm on spouse visa and I meet the financial requirement myself earning well above minimum threshold.

Hope the above will help form some basis for your valuable opinion.

Kr

[meself2]

Hi Simon,

Apologies for not being much clear about the complete situation. Yes I'm on spouse visa and I meet the financial requirement myself earning well above minimum threshold.

Hope the above will help form some basis for your valuable opinion.

Kr

That's why you were asked about your spouse - you plan to switch work in the near future; if your spouse meets financial requirements on their own, it's fine, otherwise the question arises if all these part time jobs you mentioned would be enough.

[boy2017]

Thanks for your comments guys.

I want to better position myself for 2024 as my ILR is due by Jan 2025. I'm not planning on hopping jobs, it could be, say, 3months beginning of the year then after 3-4 months 6months contract. However, I am hoping to satisfy the min requirement with these two contracts as I normally earn well above the threshold. So the question is if this is the case would the visa officer consider 12months total earning or they look for continuous employment either throughout the past 12 months or last 6months. I understand that on the date of visa application I have to be employed regardless of any applicable scenario.

I'd appreciate valuable advise.



Kr

[boy2017]

Hi Experts,

I'm due to apply my ILR (Flrm 5 year route) later this year, I was wondering what's the cash saving requirement this time? I read on some boards it says £34,600 (I.e. 16,000 + 18,600) is that true? If so, would any of you be kind enough to refer me to the link to the gov.uk please.

Thank you for always being so cooperative, this forum is a blessed forum for so many people like myself.

Kind regards,

[CR001]

Page 45.

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

[boy2017]

Many thanks for this.. Really appreciate. God bless you!!

[boy2017]

Hi Great People,

I have a question about Ir35 rulings, if any of you kindly help me with that, please.

My 5 years are going to be completed in early Jan 2025, and BRP expires in late Feb 2025, I am aiming to apply for ILR in Jan 2025.

I have been a full-time permanent employee up until the end of 2023, now I'm expecting an offer outside IR35 that'll require me to register my own company with HMRC.

I have no clue how would it be utilised for ILR purposes, as the period left to apply is less than 12 months. Won't be able to produce any financial statement/CT100 for the (yet to be) newly formed Company.

Kindly advise.

Thanks,

[zimba]

Hi Great People,

I have a question about Ir35 rulings, if any of you kindly help me with that, please.

My 5 years are going to be completed in early Jan 2025, and BRP expires in late Feb 2025, I am aiming to apply for ILR in Jan 2025.

I have been a full-time permanent employee up until the end of 2023, now I'm expecting an offer outside IR35 that'll require me to register my own company with HMRC.

I have no clue how would it be utilised for ILR purposes, as the period left to apply is less than 12 months. Won't be able to produce any financial statement/CT100 for the (yet to be) newly formed Company.

Kindly advise.

Thanks,

IR35 is a tax legislation and has nothing to do with immigration rules. If you work for your own company, you cannot apply under category A or B. You should apply under category F or G and you must produce all the required documents. If you cannot, the suggestion is do not do this until you secured your ILR

[boy2017]

Hi Great People,

I have a question about Ir35 rulings, if any of you kindly help me with that, please.

My 5 years are going to be completed in early Jan 2025, and BRP expires in late Feb 2025, I am aiming to apply for ILR in Jan 2025.

I have been a full-time permanent employee up until the end of 2023, now I'm expecting an offer outside IR35 that'll require me to register my own company with HMRC.

I have no clue how would it be utilised for ILR purposes, as the period left to apply is less than 12 months. Won't be able to produce any financial statement/CT100 for the (yet to be) newly formed Company.

Kindly advise.

Thanks,

IR35 is a tax legislation and has nothing to do with immigration rules. If you work for your own company, you cannot apply under category A or B. You should apply under category F or G and you must produce all the required documents. If you cannot, the suggestion is do not do this until you secured your ILR

Zimba, your response was clear and immensely helpful. Thank you for that.

I have another question, that require clarification please. If I opt for an umbrella company (i.e., Inside IR35) for the same employment, would it still be classified as self-employment, or would it be considered as an employment?

Also, does it matter if the role is temp or permanent for Ilr purposes. My understanding is as long you're working on the day of application and can produce last 6 months payslips crossed referenced to your bank statement, your in good shape. Kindly confirm that too.

Kr

[zimba]

Working through an umbrella company will be treated just like any other employment under category A or B but it would be a non-salaried job, so read about the differences in the guide. Note that if your employment is less than 6 months, you can apply only under category B and need to demonstrate that you made enough over the 12 months.