permanent vs fixed-term...does it matter? Please help!

Hi guys.
In regards to employment for spousal visas....I know that not only do you have to prove you have made the MIR for the year, but that they want to know that the employment will continue.
On this note....my husband's job is a fixed term of 3 years (ending March 2021) because it is funding-dependent. At the end of the term, the position will be reviewed and renewed as long as there is funding (which shouldn't be an issue.) This shouldn't matter, right? We apply for ILR next month, so its guaranteed employment for over a year.
I'm just not sure how to put it on the application. When it asks you what kind of employment it is, it only gives you the option of Permanent and Temporary. I tried putting "temporary" hoping it would allow an explanation box to appear, but it didn't. I'm thinking of asking the CEO to explain that it is a permanent job, but that the contract states "fixed term" because that is the date of their current funding cycle. Still not sure if I should put permanent or temporary. Any thoughts?

It won't matter.  Put "temporary" if that's the only option that isn't "permanent".  The last thing you want to do is lie in the application.  And since your partner's employment is going to continue at least until March 2021, it isn't a problem.  The employer letter should address the term of the employment, so no other explanation is required from you.

Cheers! I was worried about this. I technically put permanent on my last application when he was in a similar job but with a different company....but the part that said "fixed term" was hidden among the pages of his contract while this time its front and center. Plus, his old boss wrote a letter saying it was permanent, so I didn't really know any better. I knew it was dependent on funding, but it had always been described to me as permanent. So thank you!

Cheers! I was worried about this. I technically put permanent on my last application when he was in a similar job but with a different company....but the part that said "fixed term" was hidden among the pages of his contract while this time its front and center. Plus, his old boss wrote a letter saying it was permanent, so I didn't really know any better. I knew it was dependent on funding, but it had always been described to me as permanent. So thank you!

Oh hey...any chance you could advise on something else? The employer letter....my husband has been in the same job since March 2018 but his hours and pay got extended in Feb, so we are applying Cat A. I've given the CEO the list of things to address, but he asks if he has to disclose the original salary. It didn't meet the MIR on its own. He will put the start date, and then specifics about the raise which is what we are applying based off of. Does he need to say the original salary?

Oh hey...any chance you could advise on something else? The employer letter....my husband has been in the same job since March 2018 but his hours and pay got extended in Feb, so we are applying Cat A. I've given the CEO the list of things to address, but he asks if he has to disclose the original salary. It didn't meet the MIR on its own. He will put the start date, and then specifics about the raise which is what we are applying based off of. Does he need to say the original salary?

The letter must contain the following information.

(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
(i) the person’s employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence

Yea, that's what I gave him. I just thought I remember reading on a thread at some point that the starting salary should be addressed as well. But I must have been imagining it. Thanks for answering!

Yea, that's what I gave him. I just thought I remember reading on a thread at some point that the starting salary should be addressed as well. But I must have been imagining it. Thanks for answering!

His previous salary (not necessarily starting salary) only needs to be addressed if the increase was within the last 6 months - because in that case they will only consider the old, lower salary towards the requirements.

This time, because he has been earning his new salary for more than 6 months, the previous salary does not need to be mentioned.


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Awesome! Thank you.

Now if only my brain would stop remembering things on this thread that apparently never happened :-(

So my husband's employer tossed a monkey wrench into my thinking for this. He says that due to the nature of my husband's job role, it IS permanent, and that the contract is worded "fixed-term" only because all of their jobs are dependent on 3-year funding cycles. And it says in the contract that the position will be renewed pending the next funding cycle, which they are pretty much guaranteed to get because of the good work my husband is doing. He is even looking into getting more funding so to make my husband full time. So he wants to write in his employer letter that the role is permanent and has offered to explain the situation.

Since the employer letter is more important than the contract, should I put it down as permanent? Its kind of what we did for the first two visas....employer letter said permanent and we put it down as permanent. But it was still subject to funding. Like I said, only difference is that on the new job's contract, the "fixed term" bit is on the first page while the other job had it a page in.

Well, here's a thought... unless the specified evidence list has changed, the contract is optional.  You could just leave it out so there's no discrepancy to explain.  His employer says it's permanent, job done.

But double check that the contract is only recommended, and not a required document.

I think that my application did ask for a copy of the contract in the suggested items.  I will have to check at home but I do think it was named in the suggested documents list.

I think that my application did ask for a copy of the contract in the suggested items.  I will have to check at home but I do think it was named in the suggested documents list.

A contract has never been mandatory, but it is recommended as they could ask for it - so by providing it, you are pre-empting any request to see it.

Mandatory documents:
- payslips
- bank statements
- employer letter

Optional but recommended documents:
- original contract
- latest P60

From the official guidance (page 38: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf):

In addition to the evidence listed above, 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.

A contract has never been mandatory, but it is recommended as they could ask for it - so by providing it, you are pre-empting any request to see it.

Mandatory documents:
- payslips
- bank statements
- employer letter

Optional but recommended documents:
- original contract
- latest P60

From the official guidance (page 38: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826340/Appendix-FM-1-7-Financial-Requirement-ext_1.pdf):

Yes, of course.  I noticed that the guidance hadn't changed but I was just mentioning that my online application specifically had me check a box confirming that I would include a copy of my husband's contract.

Yes, of course.  I noticed that the guidance hadn't changed but I was just mentioning that my online application specifically had me check a box confirming that I would include a copy of my husband's contract.

It is still listed as optional along with the P60. You don't have to check that you are including it. But the radio buttons are there if you are including them.

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Yea, I was planning on including the contract. Was hoping to skip the P60...we don't have it anyway. The company outsources for payroll and the company they use are horrible. They never sent one and we have been asking for ages. they can't even get our letter right about minor date discrepancies on payslips.

wanted to send the contract as extra evidence though, but that is where my issue of permanent vs temporary comes in. Sigh.