Family Route - Sponsor is also my employer + questions I don't know the answer

[maribruk]

Hi,

Thank you for having me!
I am currently applying to extend my Spouse Visa. My current visa was granted for 2,5 years and I'm due to renew it in April this year. The last time I applied for the visa, I had a premium appointment so I had to take my paper application form + paper documents with me to the Visa Centre. Now, I've just found out that I can't do that anymore so I have to apply using the online form.

Nevertheless, there are some questions on the online form that I can't possibly know.
1) They are asking for my husband's previous wife's DOB. He doesn't know that (he barely remembers mine) and he doesn't speak with her anymore, so there's no way that he can find out about this information. But there isn't a way to either skip this question or answer "I don't know/have this information" to move to the next page. So I'm stuck on that page simply because I don't know the answer to the question. My husband has also a daughter from this previous marriage with whom he doesn't have contact. Therefore, we can't provide any information about her passport, the countries that she has visited, etc. How can I overcome these bumps?

2) I work for my husband so he is my sponsor for visa purposes AND ALSO my employer. I haven't seen anywhere that this is not allowed but does anyone know if there would be any issues because of that?

Thank you so much for reading it so far and for any light you can bring to these issues.

Mariana

[vinny]

Those are interesting questions. Are you using the online FLR(M) form? Can you give the context and extract quote of the questions?

[walker]

Morning Mariana

In terms of the online application form, if you do not know the DOB etc. put a generic DOB such 01/01/1900 and in the additional information section explain that you have put in this DOB as you do/your husband do not know his former partner's DOB and are not in contact with her. You could also check you previous application to see what information was provided in the previous application. The same can be done in respect of the daughter.

If your husband is your employer then you cannot use Category A or B to meet the financial required. You would have to use category F or G:

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.

A specified type of limited company registered in the UK is one in which:
• the person is either a director or employee of the company, or both, or of another company within the same group
• 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

[maribruk]

Those are interesting questions. Are you using the online FLR(M) form? Can you give the context and extract quote of the questions?

Hi,thank you for your reply. I’ll give some context when I return to my online form. And yes, I’m using the online form.

[maribruk]

Morning Mariana

In terms of the online application form, if you do not know the DOB etc. put a generic DOB such 01/01/1900 and in the additional information section explain that you have put in this DOB as you do/your husband do not know his former partner's DOB and are not in contact with her. You could also check you previous application to see what information was provided in the previous application. The same can be done in respect of the daughter.

If your husband is your employer then you cannot use Category A or B to meet the financial required. You would have to use category F or G:

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.

A specified type of limited company registered in the UK is one in which:
• the person is either a director or employee of the company, or both, or of another company within the same group
• 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

Hi Walker, thank you for your reply. The last time I applied for my visa I used the form in paper so I could just write “N/A” and then explain my answer in a separate letter. But because now it’s all online and you have to answer a question in order to move to the next page. But this advice of filling a random date is valuable. Thank you.

About the Categories that you’d mentioned, I’m quite confused about that now. Because I work for my husband but I earn enough to meet the financial requirements. And I don’t own any shares of the company, I have an employment contract with him.
Thanks

[walker]

I assume the shares of the company are held by your partner and so the company you work for would be defined as a "specified type of limited company". Therefore, you will have to apply under Category F or G.

If you were to apply under Category A or B the chances are your application will fail because your employer is a "specified type of limited company" and you would not have provided the supporting documents to meet the financial requirement under Category F or G.

[maribruk]

I assume the shares of the company are held by your partner and so the company you work for would be defined as a "specified type of limited company". Therefore, you will have to apply under Category F or G.

If you were to apply under Category A or B the chances are your application will fail because your employer is a "specified type of limited company" and you would not have provided the supporting documents to meet the financial requirement under Category F or G.

Walker, THANK YOU SO MUCH! You're an angel! I was going to submit my application using the Category A and I'm pretty sure it was going to be refused. I did some more research and indeed I am an employee of a specified limited company as my husband is the only share holder of it. If it wasn't for you I wouldn't have know that.

I was also on Maternity Leave last year (part of it) and I earned Statutory Maternity Pay which brought my annual salary under the financial requirement

My question is: Can I combine my annual salary (calculated with inclusion of the Maternity Pay) and a rental property income from my husband? His property is mortgaged. In this case, I am considering the company's financial year (01.01.2020 to 31.12.2020) so I'd be presenting my payslips and the rental income evidence covering the same period. Is that right?

Thanks again!

Mariana

[walker]

Category F & G documents:
All of the following must be provided:
>> Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC

>>evidence of registration with the Registrar of Companies at Companies House. If the company is required to produce annual audited accounts, such accounts for the last full financial year.

>> if company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants; (v) Corporate/business bank statements covering the same 12-month period as Company Tax Return CT600

>> a current Appointment Report from Companies House

One of the following documents must also be provided:
>> a certificate of VAT registration and the VAT return for the last full financial year (a copy or a print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year

>> proof of ownership or lease of business premises

>> original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC

Where the person is listed as either a director or employee of the company (or both) and receives a salary from the company, all of the following documents must also be provided:
>> payslips and P60 (if issued) covering the same period as the Company Tax Return CT600
>> personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as either a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly