ILR 2024 changes

Hi, the news earlier this month really shook us up,  as it did to many others.

I was wondering if one partner was just under the new threshold and the other partner was freelancing with clients in the UK/US would the freelancing income be counted towards the income requirement?

We’re on our first spouse visa.

Hi, the news earlier this month really shook us up,  as it did to many others.

I was wondering if one partner was just under the new threshold and the other partner was freelancing with clients in the UK/US would the freelancing income be counted towards the income requirement?

We’re on our first spouse visa.

Although the new rules are not published yet, from the press release linked to on the previous page, it looks as if the income levels will remain the same for anyone already on the family path.

Family migration minimum income.
Those who already have a family visa within the five-year partner route, or who apply before the minimum income threshold is raised, will continue to have their applications assessed against the current income requirement and will not be required to meet the increased threshold. This will also be the case for children seeking to join or accompany parents.
Anyone granted a fianc(é)e visa before the minimum income threshold is raised will also be assessed against the current income requirement when they apply for a family visa within the five-year partner route.
Those already in the UK on a different route who apply to switch into the five-year partner route, after the minimum income requirement has been increased, will be subject to the new income requirement.

https://www.gov.uk/government/news/fact-sheet-on-net-migration-measures-further-detail

Regarding the freelancing income, unless you are in some way freelancing as an employee, you'd have to meet the self employment criteria which is pretty difficult and should only be considered if there is no other option.

https://assets.publishing.service.gov.uk/media/6511a4dc2f404b0014c3d89e/1.7+-+Financial+requirement.pdf

So for someone like me who had to renew/extend the FLR(M) visa due to my wife not passing the LITUK test, will I still come under the £18,700 income rule? Or would I need to get my application in before the rule change in March/April?

She has now been in the country for 6 years.

I'm in the process of getting the ILR application done (I need to collate some additional documents) as I can use most of the documentation from the previous application.

So for someone like me who had to renew/extend the FLR(M) visa due to my wife not passing the LITUK test, will I still come under the £18,700 income rule? Or would I need to get my application in before the rule change in March/April?

She has now been in the country for 6 years.

I'm in the process of getting the ILR application done (I need to collate some additional documents) as I can use most of the documentation from the previous application.

According to the link above, your income requirement will still be £18,600 as you are on the 5 year route. It doesn't matter that you had an extra FLR application and that your wife has been here 6 years now, you are still on the 5 year route.

Hi @larrabee @ksand24

I hope you are both well.

The year hasn't started too well for me, I've been made redundant from work and I'm currently on gardening leave. My contract ends on 8th March 2024.

My new job starts the week my contract ends.

I've been with the company for 8.5 years and want to claim the redundancy money, at the moment I'm in a dispute with the company as he's served me a letter saying I have self-resigned which isn't the case and I've reported him to ACAS for wrongful dismissal.

I will get my wage slips as normal but the letter he has served me with states my final working day was the 6th or 8th of Feb and that would be my last working day recorded.

I was hoping to submit the ILR case so I could breathe easier at this stressful time. Is it safe to apply? Or would it be best to collect 6-7 wage slips from when my new job starts and then submit the ILR application?

I don't want to submit the application and find myself in an awkward position. Has anyone else been in a similar situation?

My main worry is if they contact the current company, he could make things awkward for me. I don't think they would contact the company but it's not a chance I want to take if it results in the application being refused for any reason.

Any help/guidance is always appreciated. How should I proceed?

My life at the moment isn't simple. It feels like everything is going wrong for me. 😐


Thank you as always.

I was hoping to submit the ILR case so I could breathe easier at this stressful time. Is it safe to apply? Or would it be best to collect 6-7 wage slips from when my new job starts and then submit the ILR application?

As long as you:
1) have a guaranteed new job paying at least £18,600/year (and you have the official contract and/or a payslip to prove it)
AND
2) you have earned at least £18,600 in total before tax from any and all jobs in the last 12 months

You can apply now/soon under Category B, providing 13 months of payslips and bank statements (rather than 7 months).

You will need to provide:
Evidence of £18,600 earned in last 12 months:
- 13 months of payslips from your previous job (the one that is finishing in March)
- 13 months of bank statements showing the deposit of every payslip
- if the payslips have been issued electronically, you will also need a letter from them confirming all the payslips are genuine
Evidence of new job paying at least £18,600:
- job contract from the new job you will be starting in March
- letter from new employer confirming all the details, start date and salary of the new job
- any payslips you have received from the new job so far (at time of application)

My main worry is if they contact the current company, he could make things awkward for me. I don't think they would contact the company but it's not a chance I want to take if it results in the application being refused for any reason.

I wouldn't worry about that... I haven't heard of them contacting a sponsor's employer in years. if they need more information, they will contact you to ask you to provide it (and then if needed, you have to get the information from the employer). but they should only be interested in making sure your new employer is legitimate, and won't care about the old one.

Thanks @ksand24

So just to be clear on my end.

You can apply now/soon under Category B, providing 13 months of payslips and bank statements (rather than 7 months).

Do I need to make a change in the online application or would I need a cover note explaining the situation?

Getting a confirmation letter from the current employer stating the wage slips are genuine is going to be difficult as we're not seeing eye to eye at the moment. The electronic wage slips are branded with the company logo etc.

So if I was to submit the application next month or the month after I would need to submit 13 wage slips & 13 bank statements proving I have earned £18,600 or more?

I have the new work contract signed with me so getting anything from the new employer wouldn't be a problem.

Thank you

So just to be clear on my end.

Do I need to make a change in the online application or would I need a cover note explaining the situation?

No, you just select the relevant employment situation on the application form (to say you've been with the new employer for less than 6 months) and it will ask for 12 months of payslips and bank statements instead of 6 months. You then fill out your current employment details with the new job information.

Getting a confirmation letter from the current employer stating the wage slips are genuine is going to be difficult as we're not seeing eye to eye at the moment. The electronic wage slips are branded with the company logo etc.

The guidance is very specific on what needs to be submitted:

(bb) Payslips must be:
(i) formal payslips issued by the employer and showing the employer’s name;
or
(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic

Option i) means officially-printed payslips issued by the employer and handed to you, or mailed to your house
Option ii) means electronic payslips in PDF format, that must be accompanied by a letter.

Could you get a letter from HR without directly involving the boss?

So if I was to submit the application next month or the month after I would need to submit 13 wage slips & 13 bank statements proving I have earned £18,600 or more?

Yes.

Otherwise, your other option would be to wait another 7-8 months and apply under Category A, once you have evidence that you have worked with your current employer for more than 6 months (so you provide 7 months of payslips/bank statements).

I think it's the accountant who looks after the wage slips, not 100% sure. It's an online system they use that generates the wage slips.

I'll have to see what I can do about obtaining a letter stating they are genuine, if not I'll just have to put it down in a cover note. I've never submitted a letter before confirming they're genuine and it's been fine.

I'm going to sit down this week and get all those documents together.

Thanks for all the advice @ksand24