Different Job, Same Employer: Cat A or Cat B for Financial Requirement

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Different Job, Same Employer: Cat A or Cat B for Financial Requirement


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Old 11th July 2019, 02:53 PM
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Default Different Job, Same Employer: Cat A or Cat B for Financial Requirement

Hi,

I'm about to apply for ILR (set M) and I'm trying to figure out whether I need to satisfy the financial requirement via category A or category B.

I work for a university, and have worked for them for a few years now. However, 4 and a bit months ago, I started a secondment in a different department within the university.

I think this means I should apply under category A, because my employer has been the same for the previous six months, even if my job has changed.

However, when I started the secondment, I did sign a new contract (specifying my new wage, working hours, etc). So I was worried that meant I would be counted as starting new employment and should apply under cat B.

My current plan is to apply under category A, include both signed contracts, and add a note explaining the above (that I've worked for the same employer for some time, but that I have two contracts because I'm currently undertaking a secondment in a different department).

Is that the right thing to do?

Thanks so much to anyone who can help!

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Old 11th July 2019, 06:27 PM
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You're still able to apply under Cat A. All you need is an employer letter stating your role, start date, salary, and terms - The actual contracts aren't required

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Last edited by clever-octopus; 11th July 2019 at 06:31 PM.
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Old 12th July 2019, 09:08 AM
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Okay, so you're saying that what matters is _not_ whether I've been in the same position (or on the same contract) for six months, but rather whether I've been with the same employer (and hence I'm fine for cat A: I've been with the same employer, earning above the required threshold, for over six months)

In terms of whether or not I need to include the contract, the rules say:

***
In addition to the evidence listed above, paragraph 2A of Appendix FM-SE specifies that 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.
***

So I'd been planning to include the contracts to err on the side of caution. But you think I'd be better to not do so?

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Old 12th July 2019, 05:07 PM
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Yes that's correct, it doesn't matter if you've changed roles or working terms, as long as you've been with the same employer for at least 6 months, you're eligible for Cat A

You ("may") include the contracts if you want to but it's the employer letter they're looking for

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Old 14th July 2019, 09:22 AM
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Great, thanks so much for the help!

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