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hey be warned, my friend applied as company directory and got refused visa because he didnt submitt evidence mentioned on page 10 of the FM SE docMovingOn wrote:I have been reading the Financial Requirements Document and I am confused regarding meeting this requirement as a Company Director of a Limited Company. To make things easier on this front I have increased my annual salary to £19,000 as I thought that would negate the need to supply a lot of Limited Company information as well. We are some months off apply for Fiance/Spouse visa, so I thought increasing the annual salary now would help. I am 100% shareholder of Limited Company.
I have pasted some sections of from the "Immigration Directorate Instruction Family Migration" document (April 2015) , in the hope that it will help. The raft of documentation that you need to supply if your Limited Company falls under the “specified type” is scary and I would have thought a heck of a lot of Limited companies fall under this.
1. Will my £19,000 salaried income suffice (I understand that I will need to supply pay slips, company bank statements, my bank statements etc)?
2. If my £19,000 will not be sufficient does my company fall within “specified type”?
Many thanks
Section 4.1.1
Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history. See section 5 of this guidance.
Income from self-employment, and income as a director of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon. See section 9 of this guidance.
9.7.1. A limited company is owned by its shareholders. Where such a shareholder is also a director employed by the company, they may be paid a salary and receive dividends, which can generally be counted, as appropriate, as employment or non-employment income under Category A, Category B or Category C. However, if the company is of the type specified in paragraph 9(a) of Appendix FM-SE, the person’s income will be considered under Category F or Category G. This is because in a company in sole or limited family ownership there is scope for doubt as to the effective control of the company, as the person is a director and shareholder or the other shareholders are family members of that person. In that case, instead of the employment evidence in Category A or Category B or the dividend evidence in Category C, we need evidence about the operation of the company.
9.7.2. Paragraph 9(a) of Appendix FM-SE states that the specified type of limited company registered in the UK is one in which:
(i) the person is a director of the company (or another company within the same group); and
(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner, parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.