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Posted

Hi, I'm trying to make sense of the financial requirements on the FLR-M forms for extension via 5 year route. My wife's requirement is £18,600. 

 

I have been doing temporary, unsalaried agency work for over 12 months. I'm assuming that based on that, I should be ticking the "income from salaried employment" box on page 28 at section 7.3 (there is no box for unsalaried employment) and relying on "Category B" (variable income). I should also total the last 6 months gross payslips, dividing that by 6 then multiplying by 12 to get the figure required which is £13,317. I receive rental income on a property I own, and the gross total for the last 7 months from when I first rented it out comes to £5950. These 2 incomes total £19,267 which should just cover the requirement but I'm confused about the following: 1) Can I still use the gross employment income total even though amounts on my bank statements only show the net? 2) Should I minus the rental agent management fees? If this is the case then we will be under the requirement. If we are under then can I add my wife's 2 part time, salaried jobs income where she has been working for over 12 months and which comes to about £2000 total? I have read contradicting and confusing statements in the guidance notes, on other immigration sites and on the forms regarding this so was hoping someone could clear it up for me here. If I can indeed add hers, should I put our combined total in the "Current annual salary" box in section 7.3?

 

Many thanks in advance

 

Paul

Posted

Assuming the agency pay you as an employed person and so you pay your tax via PAYE then you do come under category B.

 

Have  a thorough read of  "5.3. Category B: Less than 6 months with current employer or variable income – person residing in the UK" from the financial appendix.

 

To answer your questions;

 

1) The income requirement is gross income, so you will need to provide all the required evidence of this as per the guidance in the appendix and the relevant to you parts of the Immigration Rules Appendix FM-SE: family members specified evidence.

 

Surely the agency have provided you with some form of payslip showing your gross income, tax deducted etc.?

 

2) From "6.2. Property rental – further guidance" in the appendix

Quote

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

 

3) For both FLR and ILR the applicant's income can be combined with the sponsor's; or even just the applicant's income used if it's sufficient.

 

19 hours ago, paul771 said:

If I can indeed add hers, should I put our combined total in the "Current annual salary" box in section 7.3?

 

The question is

Quote

7.3 From the list below, please indicate the financial source(s) and the amount of income you and/or your sponsor wish to rely on to meet the financial requirement

(7by7 emphasis)

so, yes; you put the total amount you are relying on from this and any other source.

Posted

Hi, thanks for your reply. I have read through the guidance but it still hasn't sunk in properly yet!

 

5 hours ago, 7by7 said:

Assuming the agency pay you as an employed person and so you pay your tax via PAYE then you do come under category B.

 

The agency use a separate payroll company to process payments. It's a bit of a grey area but I don't pay much tax until a threshold is reached. I am in the process of having a tax return done though, and my accountant has noted me as earning income from employment based on my payslips and P60's etc so I will go with that.

 

So am I definitely in the Cat B? Cat B must be met and evidenced in 2 parts. It says that you cannot combine Cat A and B. My wife would be Cat A as she's worked in her 2 salaried jobs for over a year. Am I not also Cat A since I have worked with the agency unsalaried for over a year? To add to my first post (and my confusion), I also started full time employment with a company today, and my salary is £23,000. I have to work a week in hand so won't have my first weeks salary until 27th Jan to show on the bank statements. If I included this job then I'd definitely be in Cat B right? Does that mean I can't add my wife's Cat A income? 

 

5 hours ago, 7by7 said:

(cc) The amount of rental income from property received before any management fee was deducted may be counted.

 

Thanks, that is good news. I will add my rental income to the employment income.

 

My apologies if my post is somewhat incoherent but I'm struggling with this.

 

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