FLR (M) Spouse Visa - Financial Req Confusion

Hello, I am hoping someone can help me please.

My question concerns an application my Spouse will be submitting in 2016 to extend her leave, first extension of Spouse Visa.

1. My wife’s Spouse Visa expires 03/01/2017. I would like to know, what is the earliest we can apply to extend the Spouse Visa by post and by Premium Service? I believe it is within 6 months of the Visa expiring?

2. A question regarding the Financial requirement. I have tried to gleen the information from the Application and separate Financial Requirements document, but for my situation it is really not clear. Even my accountants are having a problem completely understanding the information.

I am a Director of a UK LTD company. I receive income from a Monthly Salary with Dividends from yearly profits. Combined over the course of a year, I meet the £18,600 income requirement.

My company Financial End Of year will be December 2015. With the Spouse Visa application, we will therefore submit all of the relevant documentation proving that I met the income requirement in the last company Financial Year, (2015).

I see that by the time we make the Spouse Visa application, (for example September 2016) I will have to provide evidence that my employment (company Directorship) is still on-going. I will be able to do this.

This is where is get’s confusing due to our situation and is not clear on the forms.

I think that I also at the time of the application in for example September 2016 have to show, that I am still receiving enough income pro rata to meet the income threshold of £18,600, between the end of the company financial year, (December 2015) and the time of the application, (for example Sept 2016).

However, I only receive a small monthly salary and Dividends are always taken by all company Director / Shareholders towards the end of each year, based on that years company profits. And thus, at the time of the application, my income from my monthly salary will not have met the £18,600 threshold, even though in the latter part of the year I will receive my yearly Dividend income as I always have done, (for the last 5 years) which will take me considerably over the income threshold of £18,600.

My wife, (the Spouse Visa applicant) is in full time employment. Her annual salary is £17,043. However, from February 2016 - October 2016, my wife will be on Maternity Leave receiving Maternity pay. Her Maternity pay, combined with my small monthly salary will not meet the income threshold of £18,600 at the time of the Spouse Visa application. We will actually be living on income received from my Dividends in 2015 for the first part of 2016 whilst my wife has our first baby, (in addition to her maternity pay and my small monthly salary).

When my wife returns back to her full time job in October 2016, she will be on her full salary again, just £1557 short of the income threshold of £18,600. Even with my small monthly salary combined, we would more than meet the income threshold and then with my dividends on top, which I shall receive towards the end of 2016, we shall over double it.

Would my wife’s full salary amount, (£17,043) actually be the figure we would use for the purpose of the Spouse Visa application and not her lower maternity pay? If this is the case, we don’t have a problem.

Please can anyone advise on the above please?

Thank you

£18600 could be either in your account or your partner.

1. You should apply shortly before her current visa expires, usually within 28 days of expiry of current visa and this is applicable to postal or in person applications.

2. You can use combined salaries for both of you to meet the financial requirement.