Spouse Visa extension - FLR (M)

[Provasanth]

Hi guys, Need a quick clarification.

Let me explain my background and you guys can help me out here... Her visa finishing next sunday, need to apply ASAP.

1) She started work last Dec and went on Maternity leave from April so she hasn't earn enough to meet the financial requirements. Do I need to mention this in the application?

2) I'm a Director of limited company and got the CT600 for company's last financial year. However, my problem is, Company tax year is not in sync with Self assessment tax year.
When filling the application form on Question 7.3 B (Category F), I need to fill in the Income earn from self employment in the last financial year?
What should I fill in?

Is this mean, I need to fill the Company financial tax year ending May 16 or my self assessment tax year Jan 17?

The reason behind this question is, Dividend from last year (company account ending 31st May 2015 will go into my self assessment of Jan 17 and Dividend from this May (2016) will go in self assessment Jan 18.

your help is much appreciated...

[Provasanth]

Sorry, I'm asking a very lame question but reading this guidance notes is confusing me so much.

Question is
I'm a single director of a limited company and 100% shareholder and I earn a salary and dividend.

Which cateogry should I be filling in the FLR(M) form?

Is Category A & Category C

Or Category B ?

[Mojohnson]

As a director of a limited company You should be looking at category F or G depending on if your using one or two years of financial information.

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

Check section 9 of the notes (page 57 onwards)

[Provasanth]

Thanks so much for the instant response.

But the confusion is, there is no category f in the application form and it has to fall on category A or B or C or with a combination..

[Mojohnson]

Sorry I didn't realise there were differences in the forms for spouse visa and flr(m)- I was assuming the financial requirements section would still be the same.

I will have another look in a while. Have you got a link to the actual form please? If not I'll locate it online.

[Provasanth]

as I'm a 100% shareholder, I fall under the paragraph 9a of Appendix FM- SE (Page 62 of the financial requirement document).
So should I fill in the salaried amount in category A and Dividend amount in Category C?


Here is the link:

https://www.gov.uk/government/uploads/s ... _04-16.pdf


I have 2015 & 2016 tax year's details and company tax year ending 31st May 2016 is the latest and I have supporting evidences for this but my self assessment amount would differ to the financial tax year. Do I need to worry about this?

[Mojohnson]

You don't need to include anything from self assessment in your application - your latest tax return, so the company tax return from this year is all that's required with all the relevant bank statements, wage slips etc.

You would still need to provide further statements upto the application date (ie within 28 days).

Thanks for the link I'll have a look through.

[Mojohnson]

I'm looking at the section in the financial requirement notes from p62

It states "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"

Is this not the part that applies to you?
And p27 of the application link that you sent has a section for this from what I can see- let me know if that's correct.

[CR001]

No need to start a new topic with each question you have on the same application. Keep your questions in a this single topic. Your posts have been merged.

See also Multiple Posts (Click)

[Provasanth]

@admin, agreed. sorry about it.

@mojonhson, If I understand it right, should I fill in Section 7.3C
But this section, Title as Income from Non-Employment. However, I have set a minimal salary and the remaining from Dividends.

Hence, my confusion.

Thanks so much for your help.

[Mojohnson]

I understand the confusion as the application form doesn't actually have a specific part for directors of limited companies.

Section 7.3C (non-employment income) does not apply to you due to the following reason as stated in the guidance:

" A director of a limited company in the UK who receives dividend income from the company can count this income as non-employment income under Category C, unless the company is of a type specified in paragraph 9(a) of Appendix FM-SE (i.e. it is in sole or limited family ownership). If it is, this non-employment income will be considered under Category F or Category G as appropriate: see section 6.3. of this guidance for further information."

My understanding is that for the purposes of the application you are classed as self employed - as the section for self employment on the form actually stated limited company as one of the options.

On p27 I would actually tick the box for self employment along with the amount from this (i.e. Your salary and dividend combined). Also you would tick the box for category F on this page.

Next in section 7.3b I would fill the relevant boxes and finally in the space provided at the end of the financial section you can show a breakdown of your income in terms of salary and dividends. You can also use this space to explain that there is no proper section for Ltd company hence why you have filled in as self employed. I remember doing this for the spouse visa application last year and it was granted.

This is however only my opinion so I would wait to see if anyone can give some better advice hopefully.

[Mojohnson]

Also with regards dividends - all you need to make sure is that you have your dividend vouchers on which the dates correspond to the business and personal bank statements in terms of when the transfers took place .

This is the reason I said self assessment is irrelevant as you can show all the dividends going into your personal account from your business account without the headache of more paperwork.

[Provasanth]

spot on mate. I understand now...
Very much helpful.

Thank u so much...