Contract date

[samira_uk]

Hi All,

One of my friend is going to apply for FLR(M). Her husband is working in the UK as an employee. All payslips and bank statements are fine but the problem is that he has not had an employment contract and now he is going to sign a one with his employer.

Thus, is it possible that this contract is signed after start date of the employment as they dont want to wait another 6 months after date of contract. Is it possible that he say started the job in April but the contract signed in September?

Thanks in advance.

[Amber]

See 5.6.1, are you sure a contract of employment is even needed, read the specified evidence required at page 31?

Where the person is in salaried employment – the level of gross annual salary will be as at
the date of application. This must be evidenced by the latest payslip or the signed contract
of employment (if a payslip does not provide this information).

[samira_uk]

See 5.6.1, are you sure a contract of employment is even needed, read the specified evidence required at page 31?

Where the person is in salaried employment – the level of gross annual salary will be as at
the date of application. This must be evidenced by the latest payslip or the signed contract
of employment (if a payslip does not provide this information).

But there is a paragraph in that section:
In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that P60(s) for the relevant period(s) of employment (if issued) and a signed contract(s) of employment may also be submitted in respect of paid employment in the UK. If they are not submitted, the decision-maker may grant the application if otherwise satisfied that the requirements of Appendix FM-SE relating to that employment are met, or they may ask for the documents to be submitted in accordance with paragraph D of the Appendix.

[Amber]

I can't see an issue providing all the specified evidence is provided.

[samira_uk]

Dear Amber,

Thank you for your help. I have another question as Appendix FM is very confusing:
-my friend is working part time for two companies at the same time and for at least last 6 months. His salary is being paid hourly and so it is variable each month. During the last 6 months he received about £10000 which is equivalent to £20,000 annually.

My question is that whether he should go apply with Cat A or Cat B? In my understanding, he can apply under Cat A. Although his income is non-salaried but he was with the same employer for 6 months and his equivalent income was enough. But the guidance is a bit confusing.

[Amber]

So long as the gross earnings in the last 6 months /6 x 12 meet the financial requirement, cat A non-salaried employment should be ok.