Q&As

Case study: agency employment income and Appendix FM applications

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Published on LexisPSL on 08/03/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Case study: agency employment income and Appendix FM applications

Case study

In relation to meeting the minimum income threshold required by applicant partners applying for leave to remain under the five-year route in Appendix FM:

  1. does work carried out via an agency count as non-salaried employment income under Category B?

  2. if so, if the applicant's partner (the sponsoring partner) has been employed for less than six months and was previously engaged via an agency can those two sources of income be combined under Category B?

  3. in addition, if the applicant themselves has at all times being engaged via an agency can its income be counted under Category B?

This Q&A refers to an application for leave to remain, as employment income of the applicant partner cannot be included towards meeting the minimum income threshold in an application for entry clearance. This Q&A also assumes that no other type of income is being relied on, and that the work carried out via the agencies involved is on an employed rather than a self-employed basis. The response also does not deal with evidential requirements.

The Practice Note: Minimum income threshold: Categories A and B: employment—step by step provides a step-by-step guide to ascertaining whether an application by a partner and/or their child(ren) will meet the minimum income threshold on the basis of employed income, whether on its own or in combination with other sources of income/cash savings. It

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