ILR Application - Minimum Financial Requirement unlikely to be met

[rayghor]

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

Oh I understand. So under Cat B, for part 1, they check that if I have earned enough in the 6 months prior to application (minimum £9300). If not then they would check under part 2 if I have earned minimum £18,600 overall? Makes sense. I believe I would hopefully fullfill part 1 of Category B where they wouldn't need to worry about part 2 of Cat B. Hopefully I understood properly on this matter. Please feel free to correct me or let me know.

[zimba]

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

[rayghor]

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made in total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

I see. I get it now. Well in my cases, my 2 jobs and my wife's job are all non-salaried, on a zero hours contract. We've been employed with them way beyond 1-2 years. Mine: about 3 years. Wife is coming to 2 years.

From July 2023 to mid January 2024, we've earned gross salary of £9700+. I am doing extra hours in the next 6 months from now where I would exceed beyond £9300 gross income. Estimated total annual income from July 2023 to July 2024 would be around £20,000 hopefully. Again, thank you very much for everything. And about the payslip, my job 1 latest payslip would be by May 2024. So I'll have to try to get a shift in a way I would get a new payslip by end of July 2024 to meet the criteria of submitting them within 28 days prior to application.

[rayghor]

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

Just worried that since my Job 1 NHS shift finishes by end of May 2024 (would still be employed with them), when I apply on August 2024 for ILR, it might be rejected as my latest payslip from Job 1 would be dated 31st May 2024. And I am aware with regards to the 28 days rule, all payslips from all current jobs have to be dated within 28 days prior to ILR application. That's where I'm stuck.

[zimba]

I do not see any issues, payslips must cover what earned over the last 6 months

[rayghor]

I do not see any issues, payslips must cover what earned over the last 6 months

So it's fine if my Job 1 NHS being issued on 31st May 2024 being used for ILR application on August 2024. Ok, understood. Yes, all payslips from all jobs combined will be issued within the last 6 months prior to ILR application on August 2024.

Job 1 NHS: Latest payslip - will be on May 2024.
Job 2 NHS: Latest payslip - July 2024.
Job 3 (wife's carer job) payslip - July 2024.

Intended ILR Application date: August 2024.

Hopefully, it should be fine.

[zimba]

It should be

[rayghor]

It should be

Again, sincere thanks to you for everything.

[rayghor]

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

Hi,

Just giving updates, my wife's employer stated they are unable to give shifts to her for the next few months due to their own reasons. She will remain as employed (again, she's on zero hours contract). Meanwhile, I am still working in my current shift until around end of April 2024 and it's looking like we are close to be able to earn minimum £18,600 gross income (hopefully by then) from last July 2023.

Since my wife's not working at the moment, can we still apply under Category B on July 2024? My latest payslip issued for my current shift may be on May 2024 (possibly). My wife's one was issued this month; there will be no further payslip from her employer due to above reasons. Would this be a problem when we apply for ILR on July 2024?

Kindly please let me know. Thanks.

[zimba]

As long as you are employed you can apply under category B

[rayghor]

As long as you are employed you can apply under category B

Many thanks.

[rayghor]

As long as you are employed you can apply under category B

They are threatning her with a potential redundancy.

[zimba]

As long as you are employed you can apply under category B

They are threatning her with a potential redundancy.

If she loses her job then she cannot get ILR

[rayghor]

As long as you are employed you can apply under category B

They are threatning her with a potential redundancy.

If she loses her job then she cannot get ILR

Yeah I know. She spoke with them about this. They agreed to let her remain as employed but no shifts will be given for a while. Regarding my NHS jobs, my last shift is expected to end by the end of May 2024, so my last payslips may be produced on May 2024. Her FLR (M) expires on 05th August 2024. I'll apply for ILR around 20th July 2024. (Going to show income from 14th July 2023).

Scratching my head because I believe there is a 28 days rule prior to application date for payslips issued even under Category B so stressing about that due to potentially not getting any payslip for June and July 2024. But we will receive latest employment letter explaining everything, i.e. there are lack of shifts offered but minimum financial requirement is £18,600 will still have been met by end of May 2024.

Is it still possible to apply for ILR this way? That's my very last question and then I'm going to move on from there.

[zimba]

You have a non-salaried job so the total pay in the last 6 months will be used to calculate your annualised income.

[rayghor]

You have a non-salaried job so the total pay in the last 6 months will be used to calculate your annualised income.

Oh ok. So from February 2024 to July, I'll combine my wife's income as well as mine. So for, we've earned roughly £6000+ during the period. We should be able to earn additional income to reach at least £9300. Her wage is monthly income whereas mine is weekly. So I dunno how will caseworker calculate it.

[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.

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

Ok. So from what I understand from the guide, they'll combine all your wages together for the number of times you've been employed for the past 12 months, divide by 12 and multiply by 12. Like in my case, the examples provided below may be the calculations used.

Income earned since 14th July 2023 to 14th July 2024:- (I will apply for ILR on 26th July 2024).

(All jobs below; we've been employed for around 2 years+)

NHS Job 1: (all rounded up - £9,600) - Weekly wage.
NHS Job 2: £5700 (By May/June 2024) - Weekly wage.
Wife's carer Job: £3400 - Monthly wage.

9600 + 5700 + 3400 = 18700.
18700 divided by 12 = 1,558.33.
1,558.33 multiplied by 12 = 18,699.96.

Gross combined actual annual income is £18,699.96.

Would my understanding of the above calculations be correct? Under Category B.

[zimba]

Each job will be annualised separately and then the total combined. You also need to satisfy the other requirement that shows you earned in total the min required salary over the last 12 months. I covered this in detail above and you can see this in the guide !!

[rayghor]

Each job will be annualised separately and then the total combined. You also need to satisfy the other requirement that shows you earned in total the min required salary over the last 12 months. I covered this in detail above and you can see this in the guide !!

Yes, so Job 1 annualised or earned in a year from July 2023 to July 2024 is £9600.
(9600 ÷ 12 = 800 x 12 = 9600).

Job 2 is £5700 during that period:-
5700 ÷ 12 = 475 x 12 = 5700.

as well as Carer job being £3400 in a year:-
3400 ÷ 12 = 283.33 x 12 = 3,399.96.

With the calculation method plus total salaries combined (actual income earned over 12 months from July 2023 to July 2024), totted up:

£18,699.96

I hope I'm correct or at least very close regarding calculation method.

[zimba]

You clearly do not read what has been covered above, the annualised calculation applies ONLY to the last 6 months of earnings !!!

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

[rayghor]

You clearly do not read what has been covered above, the annualised calculation applies ONLY to the last 6 months of earnings !!!

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

Okay. So in my case, since we've (my wife and I) been employed for well over a year and on course to earning beyond the threshold by end of May 2024, I say we have satisfied the requirements. Last 6 months from February 2024 to July 2024, our total income would be around £6000 but overall, 12 months income combined it's over £18,600.

[rayghor]

You clearly do not read what has been covered above, the annualised calculation applies ONLY to the last 6 months of earnings !!!

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

Okay. So in my case, since we've (my wife and I) been employed for well over a year and on course to earning beyond the threshold by end of May 2024, I say we have satisfied the requirements. Last 6 months from February 2024 to July 2024, our total income would be around £6000 but overall, 12 months income combined it's over £18,600.

So I think we have satisfied both part 1 and part 2 of the requirements.

[rayghor]

You clearly do not read what has been covered above, the annualised calculation applies ONLY to the last 6 months of earnings !!!

No. You need to meet both parts 1 and 2 to qualify under cat B.

For part 1, the annulised income calculations will be based on max of the last 6 months. You could have been employed only for 3 months, so your annualised income will be based on those 3 months however if you were employed for 8 months, only the last 6 months are considered for part 1. For part 2, they check if your total income is above the threshold in the last 12 months, so there is no annualised calculation. They check how much you earned in total over the last 12 months and it has to be above the threshold

Examples of satisfying one part but failing the other part of the requirements:

Imagine you made very little money in the first 9 months (say 1K) but in the last 3 months you had a job and you made 14K. Your annualised salary is above the threshold (part 1 satisfied) but you did not make enough over the 12 months as you made in total of 15K so you will fail the part 2 requirement.

Imagine you made enough money in the first 6 months (say 20K). Then lost you your job and in the last 3 months you had a low-paying job and you made only 2K. You made enough money over the 12 months as you made a total of 22K (part 2 is satisfied) but your annualised salary due to your low-paying job is below the threshold, so you will fail part 1 of the requirements.

Okay. So in my case, since we've (my wife and I) been employed for well over a year and on course to earning beyond the threshold by end of May 2024, I say we have satisfied the requirements. Last 6 months from February 2024 to July 2024, our total income would be around £6000 but overall, 12 months income combined it's over £18,600.

So I think we have satisfied both part 1 and part 2 of the requirements.

I've spoken to others on other forums. They said I will not be able to meet part 1 apparently. They also said rather than waiting all the way in July 2024 (my wife's visa expires on 05th Aug 2024), I should apply by end of May 2024, as soon as we earn £18,600 and book for biometrics by July 2024. I'm confused; I thought you can't do that.

[AmazonianX]

Application can be made and submitted while you can book biometrics appointment for up to 45days in the future.