Company Director - Salaried Employent

[ab339]

Hiya All,

I am in paid Salary confirmed by accountant as employed by the business, sole directory 100% shares.

I would like to know can I change company director to a non-family member to meet criteria set for category A & meet financial requirement ?, if this is not the correct way & I need to meet criteria set for category F/G due to me being the sole director with 100% shares, am I ok to submit additional evidence at a later date when my year ends march 2015 & this will show 12 months salary.

Situation: wife is pregnant and due in March 2015, if I make visa appointment for Feb 2015 can I submit additional evidence e.g. end of year accounts 2015 (last years accounts showing business accounts as my salary started in 1st April 2014) after the visa appointment ? (how long do I have to submit additional evidence) as this is when I will have accounts finalised, my concern is regarding the new born if they can get passport as I am a UK born & bred or do I need to then meet additional salary for the child ?

Many Thanks.

[MPH80]

Are you proposing to sell the company or are you proposing to retain the shares, but change the directorship?

[ab339]

Hi thankyou for your reply,

I have updated original post see below:

I would like to know can I change company director to a non-family member to meet criteria set for category A & meet financial requirement ?, if this is not the correct way & I need to meet criteria set for category F/G due to me being the sole director with 100% shares, am I ok to submit additional evidence at a later date when my year ends march 2015 & this will show 12 months salary.

Situation: wife is pregnant and due in March 2015, if I make visa appointment for Feb 2015 can I submit additional evidence e.g. end of year accounts 2015 (last years accounts showing business accounts as my salary started in 1st April 2014), after the visa appointment ? (how long do I have to submit additional evidence) as this is when I will have accounts finalised, my concern is regarding the new born if they can get passport as I am a UK born & bred or do I need to then meet additional salary for the child ?

[MPH80]

While the terms of the category F and G require that you are a company director in order to fall under them - I suspect you'd be on very shaky ground to appoint someone else since you are the sole shareholder and then try and claim you're an employee. You'd also need to understand that, as the company director, they would then be responsible for the running of the company and any legal ramifications of that.

Equally you'd be claiming that you were 'simply' an employee when you legally weren't.

If the application is not processed during the time period - you can submit additional evidence - however the evidence must be appropriate for the period before the date of application. So if you apply in Feb - you have to rely on the previous financial year, not the current one. You would have to wait to submit the application for your current financial year to be completed.

However, the child, given you are a british citizen and born here as such, will be british when born and won't have to be accounted for in the application - so you'll only be looking at the £18,600 amount (assuming no other children are involved).

[ab339]

Hi Again thanks for your reply.

I am thinking of changing the appointment date to April 2015 April 2015 & use March 2014/2015 accounts. This seems correct

If the child is born before the appointment date (due date 20 March 14, will the additional income rule be applied for child ?

Or

Is it straight forward & apply for a passport and mother can travel with the child ?

Many Thanks.