ILR- Financial Requirement as Director of UK Ltd Company

Hi Guys,

Apologies if this has been raised and address in another thread but I couldn't find one specific to my requirements. I am in the process of applying for my wife's ILR under spouse route SET M. I have been working with the same company for almost 10 years and have been on a fixed salary well over the financial requirement so the case is very simple in terms of providing payslips and bank statements. However, last year I was also made a Director of the company. Just to be clear I own no shareholding and have not had any dividends or ever filed any self-assessments. The other 2 directors who are the owners of the company are not related to me. When filling out the financial requirement section , it asks

Are you a director or non-executive director of a limited company based in the UK?

The answer to that is obviously yes but then it prompts to submit evidence as directed by appendix FM-SE. having read the guidance, my understanding is that I am only required to submit a confirmation statement/annual return which confirms I am the director of the company not specified in 9a which states that

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.

Since I do not hold any shared in the company, I do not think my company falls under that category and hence I do not need to provide additional documents like CT600, annual accounts, Company bank statements etc.

Can someone please confirm that my understanding is correct? I will greatly appreciate it.

Thanks

eclectic wrote: ↑

Sun Jun 06, 2021 3:33 pm

last year I was also made a Director of the company. Just to be clear I own no shareholding and have not had any dividends or ever filed any self-assessments.

As a director are you on the payroll of the company, receive a salary and pay tax under PAYE?

manci wrote: ↑

Sun Jun 06, 2021 6:05 pm

eclectic wrote: ↑

Sun Jun 06, 2021 3:33 pm

last year I was also made a Director of the company. Just to be clear I own no shareholding and have not had any dividends or ever filed any self-assessments.

As a director are you on the payroll of the company, receive a salary and pay tax under PAYE?

Yes, correct..I receive a fixed salary on PAYE only. no shareholding, no dividends and no other income.

If you satisfy the financial requirements from one source of income, in your case a salary, the HO is not interested in other sources of income you may have, see p11
https://assets.publishing.service.gov.u ... .0-ext.pdf

The applicant has to demonstrate and evidence the income and or savings required
to meet the level of the financial requirement relevant to their application. They do
not need to provide information in the first instance about any income or savings
which they and or their partner may have beyond this.

manci wrote: ↑

Sun Jun 06, 2021 8:11 pm

If you satisfy the financial requirements from one source of income, in your case a salary, the HO is not interested in other sources of income you may have, see p11
https://assets.publishing.service.gov.u ... .0-ext.pdf

The applicant has to demonstrate and evidence the income and or savings required
to meet the level of the financial requirement relevant to their application. They do
not need to provide information in the first instance about any income or savings
which they and or their partner may have beyond this.

Yes , I am aware that I do not need to show additional source of income but what I need to ne clear abt is if I need to provide additional docs as a director of a UK ltd company. having read this guidance, my understanding is that I only need to provide confirmation statement that reflects I am not the shareholder in the company but wanted to confirm if my understanding was correct.

any ideas anyone?

Hi,

If you need more clarity, please fill in an ILR application in gov.uk, and at least enter your job details correctly. In the end, exactly before the step of payment/submission, it will give you a checklist and tells what you MUST provide for your application. ofc, you can always provide lots of extra docs which are not listed there, but the ones listed there are MANDATORY.

For example, in my case, as an employee, it listed payslips, a signed contract of employment, and a letter from the company stating my position and salary as MANDATORY documents to provide on my application.

hope my explanation addresses some answer for your question

eclectic wrote: ↑

Mon Jun 07, 2021 6:47 am

any ideas anyone?

ehsankh wrote: ↑

Mon Jun 07, 2021 8:57 am

Hi,

If you need more clarity, please fill in an ILR application in gov.uk, and at least enter your job details correctly. In the end, exactly before the step of payment/submission, it will give you a checklist and tells what you MUST provide for your application. ofc, you can always provide lots of extra docs which are not listed there, but the ones listed there are MANDATORY.

For example, in my case, as an employee, it listed payslips, a signed contract of employment, and a letter from the company stating my position and salary as MANDATORY documents to provide on my application.

hope my explanation addresses some answer for your question

eclectic wrote: ↑

Mon Jun 07, 2021 6:47 am

any ideas anyone?

it doesn't specify the docs..just below

Evidence as directed by Appendix FM-SE for a director or a non-executive director of a limited company based in the UK

The guide clearly tells you what you need under Director or employee of a specified limited company in the UK – specified evidence

Zimba wrote: ↑

Mon Jun 07, 2021 9:56 am

The guide clearly tells you what you need under Director or employee of a specified limited company in the UK – specified evidence

Yes, but what I am trying to establish and confirm is that the company I work for does not fall under "specified Limited Company"

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.


I am the director of the company so (i) applies but the other 2 do not. as I do not hold any shares nor do I have any related shareholders/directors. I am more an employee who also happens to be the officer/director of the company. my understanding as per guidance is that I only need to forward confirmation statement/annual return as per below guidance

d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.

Correct. If you are not working for a specified company then you are applying under either Catagory A or B as you have a salaried employment. So you only need to forward a confirmation statement/annual return as per guidance to prove the limited company is not 'specified' type

Zimba wrote: ↑

Mon Jun 07, 2021 11:43 am

Correct. If you are not working for a specified company then you are applying under either Catagory A or B as you have a salaried employment. So you only need to forward a confirmation statement/annual return as per guidance to prove the limited company is not 'specified' type

Great, thanks mate. that's very helpful.

Hi again,

Just couple of quick questions again, again I think I know the answers but want to get another opinion

1.re Bank statements- it asks to provide original or with a letter from bank incase of digital copies..I dont get paper copies anymore from hsbc but the electronic statements are available in PDF with all my details in same format as paper copies. now that we r submitting documents eletronically anyways, does it make any difference if they are just pdf copies? and are we still required to send origonal passport and not a copy?

2. I am on a fixed salary so was goin with option A with last 6 months payslips and bank statements. it also gives an option for P60 which I am happy to submit, the only slight issue is that I had a one off small commission back in July last year so the P60 will reflect slightly more than my fixed earnings. £600 more to be precise. so my options are to

a) exclude P60 and only send last 6 months payslips and statements with a letter from employer confirming the same amount for same period

b) include P60 and not worry about clarifying the slight difference.

c) include P60, get an employer letter to confirm last 12 months earnings to include one off commission and provide 12 months payslips and bank statements.

Which option do u guys suggest? I am ok eith either

Also, can employer letter just confirm total figure or is it better off givin a summary schedule with a month by month breakdown of salary payments making reference to payslips and bank statements?

Thanks in advance

Digital evidence is fine. Extra pay in P60 does not change anything

Zimba wrote: ↑

Tue Jun 08, 2021 11:27 am

Digital evidence is fine. Extra pay in P60 does not change anything

thanks mate

@ Zimba - another quick question mate. I have submitted my online application today but not getting the biometric appointment for another 4 weeks. Is the date of application considered when it;s submitted online or when biometric is submitted? reason I ask is because my last payslip and bank statement will not be within 28 days when I submit my biometric and documents via UKVCAS. will I need to then include this months payslip and bank statement? and hence wait further before I submit documents and biometric?

Please advise.

Date of application is the date you submit and pay online and not the date of biometric appointment.

CR001 wrote: ↑

Thu Jun 10, 2021 1:31 pm

Date of application is the date you submit and pay online and not the date of biometric appointment.

Thank you for your response.

So my current bank statements are up to 3rd June and payslips until 31st May. by the time I upload my documents and have my biometric appointment, it will be 3rd July. do I then include bank statements and payslip for June as well as they would be due before 3rd July or do I just submit up until end of May as I would have if I had the biometric appointment immediately. does having a gap between application date and biometric affect the 28 days rule?

please can you advise?

Only Upload documents that are dated on to before the online application date. Your Biometrics appointment date is irrelevant to the date of documents.

CR001 wrote: ↑

Thu Jun 10, 2021 3:40 pm

Only Upload documents that are dated on to before the online application date. Your Biometrics appointment date is irrelevant to the date of documents.

that's helpful, thank you!

Hi guys,

does home office accept electronic signature on Employer letter? its a pain currently having to ask directors for wet signature.

eclectic wrote: ↑

Mon Jun 14, 2021 4:57 pm

Hi guys,

does home office accept electronic signature on Employer letter? its a pain currently having to ask directors for wet signature.

All electronic evidence is now accepted

Zimba wrote: ↑

Mon Jun 14, 2021 4:58 pm

eclectic wrote: ↑

Mon Jun 14, 2021 4:57 pm

Hi guys,

does home office accept electronic signature on Employer letter? its a pain currently having to ask directors for wet signature.

All electronic evidence is now accepted

thanks mate

Hi Guys,

Me again!

my biometric appointment is in 3 weeks time. and ive got document upload service and checking service paid for. but apparently they still require documents to be be uploaded to check before appointment which I am happy to do. but just had couple of questions

1) can documents be uploaded over the days rather than having to submit all together at same time? so say if I upload certain docs today and then get back to it few days later to upload remaining, would that work?

2) can they be grouped together as 1 scan? so say if I was scanning utilities bills, could it all be on one scan rather than multiple?

3) do I have to scan all pages of passports for both me and my partner? or just applicant? and just stamped pages? sorry if it has been asked before

Thanks