Employment status of British sponsor for FLR(M) extension application

Hi everyone,

Just a quick question relating to the employment status of the British sponsor when applying to extend FLR(M) application...

When we applied first time for our visa, there was a reliance on myself as the British sponsor to have an income from my employer proving a minimum 6 months  wage slips etc. That was all fine and our visa was granted.

This time around for the extension visa now that the hubby is in the UK, is there still a reliance on myself to have steady employment with the same employer as a requirement?

Reason for me asking is that I’m considering changing jobs in 2019, but I’m concerned that if I start working for a new employer, I may not have a minimum 6 months with them, although I plan on leaving no gaps from my current employer to starting with a new one to ensure constant steady income.

My husband has set up his own business (April 2018) and his income from that meets the threshold, but I’m aware he’d need to file accounts etc.

I’m just wondering if it would be a bad idea for me to look for a new job next year?

Thanks


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Hi everyone,

Just a quick question relating to the employment status of the British sponsor when applying to extend FLR(M) application...

When we applied first time for our visa, there was a reliance on myself as the British sponsor to have an income from my employer proving a minimum 6 months  wage slips etc. That was all fine and our visa was granted.

This time around for the extension visa now that the hubby is in the UK, is there still a reliance on myself to have steady employment with the same employer as a requirement?

Reason for me asking is that I’m considering changing jobs in 2019, but I’m concerned that if I start working for a new employer, I may not have a minimum 6 months with them, although I plan on leaving no gaps from my current employer to starting with a new one to ensure constant steady income.

My husband has set up his own business (April 2018) and his income from that meets the threshold, but I’m aware he’d need to file accounts etc.

I’m just wondering if it would be a bad idea for me to look for a new job next year?

Thanks


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If you change jobs within 6 months of his FLR(M) application, you can use his income from his business, bearing in mind the much more involved documentation required, or if your new job pays at least £18,600 going forward and you made at least £18,600 in the 12 months prior to the application date, you can apply using just your income in Category B (category B is similar to A, except you would provide 12 months of bank statements and payslips, rather than 6 months).

Edited to add: I just saw the bit where he only started this business this year.  I think self-employed/business owner category requires two financial years of evidence.  So you'll need to do Category B based on your own income to sponsor his application if you change jobs.

Edited to add: I just saw the bit where he only started this business this year.  I think self-employed/business owner category requires two financial years of evidence.  So you'll need to do Category B based on your own income to sponsor his application if you change jobs.

Self-employment income requires either the last full financial year of income (Category F) OR the last 2 financial years of income (Category G).

So, as long as he had a full financial year under his belt (with taxes filed for that year), then he could use his income.

However, self-employment income is a really tricky category to get right and involves A LOT of paperwork, so it should be a last resort, used only if you absolutely cannot meet the requirements under any other category.

If you change jobs within 6 months of his FLR(M) application, you can use his income from his business, bearing in mind the much more involved documentation required, or if your new job pays at least £18,600 going forward and you made at least £18,600 in the 12 months prior to the application date, you can apply using just your income in Category B (category B is similar to A, except you would provide 12 months of bank statements and payslips, rather than 6 months).

Ok, thank you. So it doesn’t matter that I may have changed jobs at any time next year, as long as I meet the minimum income requirement showing a salary being paid into my bank account for the 12 months? For some reason I thought they wanted to see employment and minimum income from a single employer e.g. they’re also looking at the length of employment with my employer? Example: if I switch jobs and have only been at a new employer for two months by the time we need to apply, is that going to cause a problem? Eg would I need to pass a probationary period and so on?


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However, self-employment income is a really tricky category to get right and involves A LOT of paperwork, so it should be a last resort, used only if you absolutely cannot meet the requirements under any other category.

I think we will just go with my salary as it sounds a lot simpler than his situation!


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Ok, thank you. So it doesn’t matter that I may have changed jobs at any time next year, as long as I meet the minimum income requirement showing a salary being paid into my bank account for the 12 months? For some reason I thought they wanted to see employment and minimum income from a single employer e.g. they’re also looking at the length of employment with my employer? Example: if I switch jobs and have only been at a new employer for two months by the time we need to apply, is that going to cause a problem? Eg would I need to pass a probationary period and so on?

Nope, there are two different categories you can qualify under and I think you're mixing them up a bit. For Category B, you do NOT have to have been employed for the entire 12 months and you can have had multiple employers in that time.

Category A:
You have been with your current employer for AT LEAST 6 months AND earning at least £18,600 for all of that time

Category B
You have been with your current employer and earning at least £18,600 with them for LESS THAN 6 months
AND
You have earned at least £18,600 before tax from any job(s) held in the last 12 months. You do not have to have been continuously employed, and you can have earned it from a number of employers.
For example, you could have been employed for 4 months and earned £10,000, then unemployed for 3 months, then employed for 2 months and earned £5,000, then unemployed for 1 month, then employed by your current employer for the last 2 months and earned £4,000... giving a total earnings of £19,000 in the last 12 months.

KSand, et all, as always, great advice!

This all makes me very happy! Have been feeling like I’m tied to my employer as the sponsor until this is all over, so this is really great to hear.

I suspect it was the original lawyers that told me it’s best to stay employed with my long-term employer for the duration. Glad I now know that isn’t the case this time around and that I don’t have to worry about changing jobs at any time.


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This all makes me very happy! Have been feeling like I’m tied to my employer as the sponsor until this is all over, so this is really great to hear.

The only people who are tied to their employer are those who have work visas for the UK, where their sponsor is their employer... their visa status depends on them remaining employed by their sponsor.

In your case, the employer you work for doesn't matter, because you are a UK citizen, and YOU are your husband's sponsor (not a company)... so as long as you can meet one of the financial requirement categories using your income (or his income, or a combination of both, or cash savings, or non-employment income, or pension income), you don't need to stay with the same employer the whole time.

In some cases, a sponsor may have to stay with their employer until they can reapply for the visa, because they will not have made enough in the last 12 months to meet the requirements under Category B, but it will just depend on each couple's personal situation.

You can change jobs whenever you like, as long as, as the time you apply for the next visa, if you haven't been with them for 6 months yet, you will be able to show:
a) you are currently employed and earning a salary of at least £18,600
AND
b) you have earned at least £18,600 before tax in the 12 months immediately before applying

I suspect it was the original lawyers that told me it’s best to stay employed with my long-term employer for the duration. Glad I now know that isn’t the case this time around and that I don’t have to worry about changing jobs at any time.

Yeah, there's a reason why we don't recommend using a lawyer...  because they don't always know what they are talking about and as a result, can give incorrect or bad advice.

Self-employment income requires either the last full financial year of income (Category F) OR the last 2 financial years of income (Category G).

So, as long as he had a full financial year under his belt (with taxes filed for that year), then he could use his income.

However, self-employment income is a really tricky category to get right and involves A LOT of paperwork, so it should be a last resort, used only if you absolutely cannot meet the requirements under any other category.

Can I ask a follow up question as this in particular confuses me? What qualifies as a full financial year. If you are applying for a visa in January, for example, do you only need to show the last twelve months? Financial years usually go from April to April though, don't they?

Can I ask a follow up question as this in particular confuses me? What qualifies as a full financial year. If you are applying for a visa in January, for example, do you only need to show the last twelve months? Financial years usually go from April to April though, don't they?

The last 12 months does not apply for self-employment income... you must use income earned during full tax years only.

The financial year dates will depend on what tax year dates he uses to files his taxes.

For most people, the tax year will be April 6th to April 5th each year, but if he owns a business and it has a different accounting year, as defined by his company documents, then his financial year dates will be determined by the company’s accounting year.

So, say his tax year was April to April and you applied in January 2019, which is partway through the current tax year, you would ONLY be able to use the  income he earned during the last full tax year... which would be April 6th 2017 to April 6th 2018, or previous 2 full financial years (April 2016 to April 2018)... and no income earned after April 2018 could be considered because the current tax year hasn’t finished yet.

But if you applied in June 2019, the most recent full tax year would be April 2018 to April 2019, so you would have to use that year.

However, say his company’s accounting year ran from October 1st to September 30th, if you were applying in January 2019, then the most recent full tax year would be October 1st 2017 to September 30th 2018.

Also, if you are combining salaried employment income with self-employment income, only salaried income earned during the last full tax year can be considered (i.e, only salaried income earned between April 2017 and April 2018 will count).

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Holy crap that is so confusing

Holy crap that is so confusing

Yeah, it is... which is why we don't recommend using self-employment income unless it's your only option and you absolutely cannot meet any other category.

Basically though, for self-employment income, the 12 month period you use for the financial requirement is the 12 months of his last full tax year, not the most recent 12 months.

So,
- you take his last full financial year for which he filed taxes. For example, if applying in Jan 2019, this would be April 2017 to April 2018
- you gather all of his self-employment documents for that 12-month period, April 2017 to April 2018
- if you need to add your income as well to meet the requirement, you gather all your financial documents from the same 12-month period, April 2017 to April 2018
- you do NOT include any income earned since April 2018.

Yeah, it is... which is why we don't recommend using self-employment income unless it's your only option and you absolutely cannot meet any other category.

Basically though, for self-employment income, the 12 month period you use for the financial requirement is the 12 months of his last full tax year, not the most recent 12 months.

So,
- you take his last full financial year for which he filed taxes. For example, if applying in Jan 2019, this would be April 2017 to April 2018
- you gather all of his self-employment documents for that 12-month period, April 2017 to April 2018
- if you need to add your income as well to meet the requirement, you gather all your financial documents from the same 12-month period, April 2017 to April 2018
- you do NOT include any income earned since April 2018.

But how does that prove that the income will continue? Arent they just as concerned with future income as it does the time leading up to it?

But how does that prove that the income will continue? Arent they just as concerned with future income as it does the time leading up to it?

Well, then you would also show that his self-employment activities have continued since then, by showing things like invoices and agreed contracts.

From Appendix FM 1.7:

For a sole trader:

(g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.

For directors of limited companies:

(e) Evidence of ongoing employment as a director or other employee of the company or of ongoing dividend income from the company. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary (or dividend income from the company) as a director or employee of the company (or both), was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.


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