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SET(M) financial category question

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

SET(M) financial category question

Post by Aroon123 » Wed Aug 22, 2018 10:35 pm

Good Evening

I wanted to find out the follwing information and what category for the financial requirement we need to apply.
Myself (british citizen) and my wife (spouse non eu) are both employed for over 6 months with combined salary which amounts to £19.5k per year. The company is owned by my father.
This this mean we cannot apply for Income from salaried employment: category A?

Because the limited company is owned by father who has the entire share capital 100% does that mean we fall into category F or G?

9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).

(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of 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.

Thank you very much to shed light on this information.

Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

Re: SET(M) financial category question

Post by Aroon123 » Thu Aug 23, 2018 3:00 am

I also would like to add that both me and my wife are employed at my fathers limited company.
Thanks

vinny
Moderator
Posts: 32965
Joined: Tue Sep 25, 2007 8:58 pm

Re: SET(M) financial category question

Post by vinny » Thu Aug 23, 2018 3:26 am

What did you previously put down for FLR(M)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

Re: SET(M) financial category question

Post by Aroon123 » Thu Aug 23, 2018 10:34 am

Hi Vinny
I hope you are well?
In the previous application FLR(M) - I applied the same way as I am doing now.
my and my wife, combined our salary, both employed as employess for my dads limited company where he is the director.
Everything was fine in the previous application.
Thanks.

Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

Re: SET(M) financial category question

Post by Aroon123 » Thu Aug 23, 2018 5:35 pm

Hello Vinny

Did you manage to receive my previous reply. Thanks again.

Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

Re: SET(M) financial category question

Post by Aroon123 » Fri Aug 24, 2018 7:14 pm

Hello Vinny
Just been waiting for your reply and expertise on this matter. Sorry to rush you in your answer. I have been trying to understand the rules but im still confused to which financial category to apply in because the company is owned by my parents.
However, if the company is of the type specified in paragraph
9(a) of
Appendix FM-SE,the person’s income must instead 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 either a director or employee (or both) and a 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 the evidence about the operation of the company required under Category For Category G.

Any updates and clarifications would be greatly appreciated.

Thanks.

Aroon123
Junior Member
Posts: 50
Joined: Wed Jun 17, 2015 11:15 pm

Re: SET(M) financial category question

Post by Aroon123 » Fri Sep 28, 2018 3:51 pm

any ideas to which category i should appy? thanks again.

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