ILR Application - Minimum Financial Requirement unlikely to be met

[rayghor]

Hi,

Just got my payslip for my payment on this Friday. Will apply for wife's ILR after almost being 5 years on spouse visa route.

To summarise, payslip says

Net pay: £1100 (due to tax refund and my work from last week, together).
Gross pay: £300+ (due to having worked normal hours last week).

So..... Will my net pay of £1100 on my payslip count towards my wife's upcoming ILR financial requirement? Or it has to be gross? Which is a bit silly if it is.

Kindly please let me know. Thanks.

[rayghor]

Hi,

Just got my payslip for my payment on this Friday. Will apply for wife's ILR after almost being 5 years on spouse visa route.

To summarise, payslip says

Net pay: £1100 (due to tax refund and my work from last week, together).
Gross pay: £300+ (due to having worked normal hours last week).

So..... Will my net pay of £1100 on my payslip count towards my wife's upcoming ILR financial requirement? Or it has to be gross? Which is a bit silly if it is.

Kindly please let me know. Thanks.

Hi,

Just bumping this thread due to no response yet.

[rayghor]

HI,

Long story short.

I am on zero hour contract, nhs. My wife's on zero hours: carer. We both requested for extra shifts for ages, we weren't given any. Her ILR is due for application on 05th August. Currently on the 5 years route. Our combined income as of now would be around £9300 since July 2023 (due to gaps between our shifts and my wife works on weekends as during weekdays, she looks after our babies).

I am aware if the minimum financial requirement is not met for ILR, then she will be on the 10 year route. Would that continue from the time spent here or would that restart?

Also, if we eventually earn above the minimum financial requirement eventually if after she gets the 10 year route, would that mean she can apply for ILR or be back on the 5 year route? And would that 5 year route be restarted/continued from the time she spent here?

She lived here for 4 years and 9 months now. So almost 5 years. Kindly please let me know. Thanks.

[zimba]

Under category B, you can use the salary earned over the last 12 months. Did you make enough over the last 12 months ?
If she moves to the 10-year route and then moves back, her 5-year ILR will have to start from scratch.

[rayghor]

Yes I've made enough. But does the last 6 months have to be £9300? I'm in non-salaried employment.

[zimba]

Yes I've made enough. But does the last 6 months have to be £9300? I'm in non-salaried employment.

No, an aggregate is used. You can read examples of how they calculate the salary in the official guide: https://assets.publishing.service.gov.u ... rement.pdf

[rayghor]

"Yes I've made enough. But does the last 6 months have to be £9300? I'm in non-salaried employment."

I'd like to correct myself. Sorry. I meant that by July 2024, I will make over £18,600 combining my wages plus my wife's current job. But I believe from February 2024 to July 2024, we may not earn at least £9300 during that period due to difficulties in getting a shift. First 6 months from July 2023 to January 2024, we have almost earned £11,000.

My wife intends to leave her current job as she only get 1 day a week shift rather than full time as before. She wants to move on to another job that would offer her a full shift. Will that affect her Category B, ILR application? We would still earn £18.6k plus.

Do we still have to earn £9300 six months prior to ILR application?

[zimba]

It seems you do not bother to read anything posted above. There is no 6 months requirement. Did you READ the guide on category B before asking again ??

[rayghor]

Hi,

I did but didn't understand it. I was very confused hence I asked over here.

[zimba]

Hi,

I did but didn't understand it. I was very confused hence I asked over here.

What part of it is confusing ?

[rayghor]

Used an AI tool to rephrase it. I understand it now. But why are some people on other posts saying that you have to earn £9300 during the last 6 months under Category B only if you are on a non-salaried employment like it is in my case where my job is a zero hours contract?

[zimba]

Used an AI tool to rephrase it. I understand it now. But why are some people on other posts saying that you have to earn £9300 during the last 6 months under Category B only if you are on a non-salaried employment like it is in my case where my job is a zero hours contract?

Which posts ? Where does the rules of guide say such thing?

[rayghor]

Hi. Sure no worries. Here:

immigration-for-family-members/employme ... 02143.html
"Re: Category B Financial Requirement Questions
Post by seagul » Mon May 04, 2020 2:15 pm

geoeng wrote: ↑Mon May 04, 2020 2:01 pm
seagul wrote: ↑Mon May 04, 2020 1:40 pm
In case of varying income same none-salaried person approach formula will be used to get the annualized average income by taking the total of last 6 months wages from all jobs which should be at least £9300. However, If the wages don't vary and is fixed then it would be considered.
Sorry, I'm not sure what you're getting at. That's not how the calculation works for Category B.
To calculate this annualised average for non-salaried employment in Category B the following calculation should be used:
(Total gross income from non-salaried employment in the period prior to the date of application for which that employment has been held) divided by the number of months and multiplied by 12 (or by the number of weeks and multiplied by 52 where payment is weekly, or by the number of days and multiplied by 365 where payment is daily) = Income from non-salaried employment that can be counted towards the financial requirement.
See official example from guidance:
Example (c)
The applicant’s partner lives in the UK and is a fashion photographer who does short-term
contract work for several agencies. He has periods without work and the amount he is paid

varies from job to job. Over the last 12 months he has earned a total of £20,000. In the most
recent 6 months his gross earnings are as follows: £3500, £0, £0, £2300, £3400, £500. The
application is made on the basis of meeting the financial requirement under Category B non-
salaried employment.
Under part (1) of Category B, the applicant’s partner’s current annual employment income
= (gross earnings over the last 6 months, divided by 6) multiplied by 12
= ((3500+0+0+2300+3400+500) ÷ 6) x 12
= (9,700 ÷ 6) x 12
= £19,400
Under part (2) of Category B, the applicant’s partner’s actual employment income over last
12 months
= £20,000
So both part (1) and part (2) of Category B are met."


As well as another post:
Other forum weblink removed by Moderator
"Jun 20, 2023
Yes, you have to earn a minimum of 18,600 GBP to qualify; and yes, 9,300 GBP over 6 months."

[zimba]

That is just an example where the last 6 months were used to find annualised income. That example could have been over 3 months or 5 months, etc. The guide tells you how you can calculate the non-salaried income earned:

(Total gross income from non-salaried employment in the period prior to the date of
application for which that employment has been held) divided by the number of
months and multiplied by 12 (or by the number of weeks and multiplied by 52 where
payment is weekly, or by the number of days and multiplied by 365 where payment
is daily) = Income from non-salaried employment that can be counted towards the
financial requirement.

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

Yes, you have to earn a minimum of 18,600 GBP to qualify; and yes, 9,300 GBP over 6 months."

That is incorrect advice given as it has no basis in the rules or the guide

[rayghor]

Ahhh I see. Thank you, thank you very much for that relief. I can work overtime and try to earn more than enough. Also, my wife may resign from her current job during mid February next month as they're giving her too little shift. Would that affect her ILR application under Category B? I doubt it.

Also, as I'm combining both of my nhs jobs together, I'm aware latest payslip has to be dated within 28 days prior to application. I get random shifts from either. Would the latest payslip from either one suffice or do I have to have two latest payslips from both jobs within 28 days prior to application?

[zimba]

Ahhh I see. Thank you, thank you very much for that relief. I can work overtime and try to earn more than enough. Also, my wife may resign from her current job during mid February next month as they're giving her too little shift. Would that affect her ILR application under Category B? I doubt it.

Also, as I'm combining both of my nhs jobs together, I'm aware latest payslip has to be dated within 28 days prior to application. I get random shifts from either. Would the latest payslip from either one suffice or do I have to have two latest payslips from both jobs within 28 days prior to application?

Catagory B applies to people under active employment. If she resigns, then she cannot claim past income.
Last payslip must be within 28 days of applying for ILR

[rayghor]

I see. What I am trying to say

For example, I may have a shift running from now until end of May 2024 from Job 1 NHS.

But from June 2024 and onwards, I have a shift from job 2 NHS only; no shift from Job 1 NHS from June 2024.

Application date is August 2024. So will just the latest payslip from Job 2 NHS issued within last 28 days prior application suffice? There will be employment letters from both confirming both jobs are active/ongoing.

Both jobs are zero hours contract.

I will obviously provide payslips from Job 1 but the latest payslip for that may be on May 2024.

[AmazonianX]

Will you be meeting the financial requirement? This is the point that is of relevance.

[rayghor]

Likely yes. Combining the two income from my side plus my wife's. But regarding my above query about payslips, please answer. Thanks.

[rayghor]

Ahhh I see. Thank you, thank you very much for that relief. I can work overtime and try to earn more than enough. Also, my wife may resign from her current job during mid February next month as they're giving her too little shift. Would that affect her ILR application under Category B? I doubt it.

Also, as I'm combining both of my nhs jobs together, I'm aware latest payslip has to be dated within 28 days prior to application. I get random shifts from either. Would the latest payslip from either one suffice or do I have to have two latest payslips from both jobs within 28 days prior to application?

Catagory B applies to people under active employment. If she resigns, then she cannot claim past income.
Last payslip must be within 28 days of applying for ILR

Hi,

Just waiting to hear back from my last question mentioned below. Many thanks.

[zimba]

Please go back to the guide and carefully read what the guide asks you regarding the documents they need

[rayghor]

Please go back to the guide and carefully read what the guide asks you regarding the documents they need

I have read it. I'm sorry but it is vague and didn't contain a specific answer to my specific question in terms of do I need latest payslips from both jobs or either prior to 28 days before application?

[zimba]

Please go back to the guide and carefully read what the guide asks you regarding the documents they need

I have read it. I'm sorry but it is vague and didn't contain a specific answer to my specific question in terms of do I need latest payslips from both jobs or either prior to 28 days before application?

Again, what is it that confuses you or you do not understand?

[rayghor]

Please go back to the guide and carefully read what the guide asks you regarding the documents they need

I have read it. I'm sorry but it is vague and didn't contain a specific answer to my specific question in terms of do I need latest payslips from both jobs or either prior to 28 days before application?

Again, what is it that confuses you or you do not understand?

This part:

"Payslips covering either:
Page 34 of 71 Published for Home Office staff on 22 September 2023
• a period of 6 months prior to the date of application if the person has been
employed by their current employer for at least 6 months (and where paragraph
13(b) of this Appendix does not apply)
• any period of salaried employment in the period of 12 months prior to the date
of application if the person has been employed by their current employer for
less than 6 months (or at least 6 months but the person does not rely on
paragraph 13(a) of this Appendix), or in the financial year or years relied upon
by a self-employed person"

But what about for non-salaried employee like me who have 2 NHS jobs, both on zero hours. Do the same rules apply?

For example, I may have a shift running from now until end of May 2024 from Job 1 NHS.

But from June 2024 and onwards, I have a shift from Job 2 NHS only; no shift from Job 1 NHS from June 2024.

As my latest payslip from Job 1 NHS would be issued on May 2024 and there may not be any shift from them since, would that be a problem for Category B application? My latest payslip would be from Job 2 NHS which would be issued on August 2024 which is the same month to apply for my wife's ILR application. Obviosuly there would be an employment letter from Job 2 NHS confirming I still work for them as well as containing other essential details.

This is what I am trying to get at. IF I MUST have payslips from both Job 1 AND Job 2 NHS dated within 28 days prior to ILR application but I'm unable to do so due to the nature of my job, would the application be refused automatically?

[zimba]

They should be able to evaluate how much you got paid immediately up to 6 months of you applying, for part 1. For part two the whole 12 months is considered.

(e) For the purpose of paragraph 13(a)(i), in respect of a person in non-salaried employment at the date of application “the level of gross annual salary relied upon in the application” shall be no greater than the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application, where that employment was held throughout that period.

https://www.gov.uk/guidance/immigration ... d-evidence