Guidance on ILR application SET(M)

[us3r]

Hi, I am about to apply for my wife's ILR in about a month. I was a permanent employee until April 2018 and have been operating as a limited company since then. Both me and my wife draw salaries from the business roughly 11,500 pp, as equal directors. How can I use this situation to meet the financial requirements especially because I have not completed the first fiscal year as a director? Thank you for looking.

[zimba]

All explained here officially by the Home Office: https://assets.publishing.service.gov.u ... _Final.pdf

[us3r]

Thanks a lot for replying Zimba. Well, that is what I have been using as a reference, but, I cannot figure out which specific section may be relevant. Which is what I was hoping to clarify here. For example; section 5.5 refers to salaried employment where period of work is less than 6 months, but there is nothing under section 9 which speaks of a company that has not had its full tax year? Should I be looking at some combination or am I in trouble? Any assistance in this regard would be appreciated. Thanks.

[us3r]

I would appreciate it if somebody could advise me on this. The rules do not say anything about a company that is in its first year of trading and I want to make sure I do this right. Thanks.

[us3r]

Anyone? Please?

[us3r]

Running some numbers I can make up the financial requirements using the first 6 months of the 12 month period using my salaried employment. But the application says apply with your status on the date of application. So for the last 6 months I have operated as a director of the limited company, but I have no accounts because it is still the first year of trading. I would really appreciate somebody's take on this. Thanks.

[us3r]

Anyone?

[us3r]

Another thing I've noticed is that the form can't even deal with this situation. I can enter my self employment details and then I need to specify the date of the last financial year, which has to be in the past. So I can't even mention it. I am putting all this information here so that if somebody decides to help me they have as much information as possible.

[SAMISPOUSAL]

hope this helps
5.5.5
Where the applicant is in the UK with permission to work and they are combining their
employment income with their partner’s employment income to meet the financial
requirement, both employment incomes must be calculated under either Category A or
Category B. The couple cannot use a combination of Category A and Category B to
meet the financial requirement.
have a look at the next section 5.6.1 does that not apply to you ?

one more thing ... on the date of application you will have been in business for MORE than 6 months

good luck

[us3r]

Thank you for helping.

We will not be combining the salaries, It'll just be my income (Cat-A) that we rely on. I am already 7 months into self-employment, however, far from filing accounts or company tax returns. So the online form doesn't even let me enter the details online as then accounting date needs to be in the past. If I go by that, I can't give them proof of self employment even though I am. I can only add details of my past permanent employments that lasted until may and yet claim that I am currently self-employed Would my only option then be to treat my self-employment as normal employment?

[us3r]

Thank you for helping.

We will not be combining the salaries, It'll just be my income (Cat-A) that we rely on. I am already 7 months into self-employment, however, far from filing accounts or company tax returns. So the online form doesn't even let me enter the details online as then accounting date needs to be in the past. If I go by that, I can't give them proof of self employment even though I am. I can only add details of my past permanent employments that lasted until may and yet claim that I am currently self-employed Would my only option then be to treat my self-employment as normal employment?

Additionally, 5.5.15 clearly states that if I am the director where I own the company or part there of then I can only rely on cat-f or cat-g for that income. Requirements for those categories needs proper accounting to have been done, which needs one year for trading.

[us3r]

hmmm, I guess I have to fly blind then!

[scasc1]

Sorry mate - I feel for you. Have observed your posts for some time but not honestly knowing what to say. I too am self employed relying on Category F - however I have completed 1 full year of trading thus have accounts, tax returns, dividends vouchers etc done as I will be applying for my wife next month (SET M).

My recommendation is to either speak to someone who really knows (i.e. Immigration adviser) or use the pay slips etc before you started self employment because honestly what else can you do?

I hope this works out.

[us3r]

Thanks a lot for checking.

Well I have decided on a course of action and that would be to show what my current state is simply. All payslips and dividends from self-employment, company registration, VAT reg, paid and a concrete material from the accountants including covering letter and potentially some provisions number. For the first 4 months use the standard payslips etc. from permanent employment. Can't provide anything else and do not intend to fabricate anything else. It is what it is.

[CR001]

Can you kindly refrain from digging up topics that are more than 2 years old, whose members are no longer active on the forum, to tag 'if you are still around, how did it go' questions onto.

Please ask your questions about your application in this topic.

See point 12 in the forum rules FAQs (click to read)

[us3r]

Just to update here. Based on the evidence given our ILR was refused however we have been offered a LLR (spouse) if we pay the health surcharge. There is a mention of 10 year route R-LTRP.1.1 (a) (b) and (d) under which this option is available. My question now is if we opt for that then will our residency counter restart from this year that the next time we are able to apply would it be 2029? or does my spouse's current residency count as well? OR will we be able to apply for ILR as soon as we meet the conditions. Thank you for looking and I'd appreciate if anybody could comment on this. Also is there anyway for me to contact HO?

[us3r]

*bump*

Any sort of advice or perspective on this would be much appreciated. Thanks.

[zimba]

If you accept the FLR(FP) you can only apply for ILR after 10 years under FLR or 10 years under Long Residence

[us3r]

If you accept the FLR(FP) you can only apply for ILR after 10 years under FLR or 10 years under Long Residence

Thanks for the info Zimba, unfortunately, I couldn't check the forum again as my deadline was up, to either accept the IHS or reject, so having spoke to the HO, I confirmed that we should be on track for the long residence route. So un/fortunately we have opted for that... because the application fee would have been lost either way. Time will tell whether we decide to actually stay in the country for that long for that PRICE!

Anyway, I am glad this forum exists. Leaving my notes here so it may help anybody in a similar position in the future.

[Jojo19]

If you accept the FLR(FP) you can only apply for ILR after 10 years under FLR or 10 years under Long Residence

Thanks for the info Zimba, unfortunately, I couldn't check the forum again as my deadline was up, to either accept the IHS or reject, so having spoke to the HO, I confirmed that we should be on track for the long residence route. So un/fortunately we have opted for that... because the application fee would have been lost either way. Time will tell whether we decide to actually stay in the country for that long for that PRICE!

Anyway, I am glad this forum exists. Leaving my notes here so it may help anybody in a similar position in the future.

HI,

what does this mean exactly? where you able to get 30months FlP but will still qualify for ILR long residence when you complete the 10 years on different routes or you actually need to do a whole 10 years again