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FLR(M) Extension requirments and then ILR

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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waiz89k
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Posts: 175
Joined: Wed Dec 24, 2014 5:43 am

FLR(M) Extension requirments and then ILR

Post by waiz89k » Mon Dec 21, 2015 4:22 am

I am sorry in advance if the topic has been discussed before as I tried to find out but couldn't find anything.

Hi Everyone.

My wife is on FLR (M) and has 2.5 years visa and will be applying for her extension in August 2016. My questions are as follows.

I am the only director/shareholder of my limited company. I am drawing salary as a director and my wife is also working for my company as a salaried employed.

1. Would my and my wife's income be counted as salaried income, due to the fact that we are getting salary from my company?
2. If yes to Q1 then Can we combine both of our incomes to satisfy £18,600?
3. I guess we need to show 6 docs on our names to satisfy cohabitation requirement, is it minimum and does it has to cover whole 2.5 years?
4. How many absences are allowed in 5 years and how many are allowed in last year before extension and ILR.
5. Any other requirements then above if I am missing any?
6. After completing 5 years, Do we need to satisfy the same requirements for her ILR?

Thanks in advance.

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CR001
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Re: FLR(M) Extension requirments and then ILR

Post by CR001 » Mon Dec 21, 2015 10:25 am

1. Yes
2. Yes
3. 2 years worth of cohabitation documents from 6 different sources spread evenly over the 2 years (every 3/4 months for example).
4. There is no absence limit for FLR(M) although absence should be limited and for good reason, ie. holidays etc and not 'living abroad'. For ILR, your spouse will only need to declare absences of 6 months or more.
5. Read the FLR(M) guide
6. Yes, all requirements will need to be met for ILR.
Char (CR001 not Casa)
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haqhash
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Posts: 119
Joined: Wed Jun 03, 2015 7:59 pm

Re: FLR(M) Extension requirments and then ILR

Post by haqhash » Sun Mar 20, 2016 6:31 pm

Hi,
I would disagree with CR001 if i may....The family owned limited companies are considered as specified companies as per FLR(M) guide. This means that income will be classified as category F or G. In this case you can only claim income from relevant company financial year and company should have had profit equal or more than your combined salaries.

"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."



Moreover , you need to provide documentation for limited company e.g. CT600. Please see page 57

https://www.gov.uk/government/uploads/s ... t_2015.pdf

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