SET-M: full-time employee and LTD company director

We have a little question about our online ILR (SET-M) application!

For the past 12 months I've been a full-time permanent employee of a company, and we will be relying upon that alone to fulfil the income requirement.

Separately, I am also the director of a limited company in the UK. I last took dividends from that company in April (i.e. not within the last six months), am not engaged in active trade and we do not rely upon it to fulfil the income requirement.

Under the Financial section of the online application form, it asks:

Are you the director or non-executive director of a limited company based in the UK? (Yes/No)

We have two questions about this:

1. If we do not rely on it for the financial requirement, do we need to declare my directorship?
2. If yes, what additional evidence do we need to provide?

We're hoping that we don't need to mention it and can check "No" if we're not relying upon it, but we'd really appreciate another perspective!

Jordan G wrote: ↑

Fri Dec 07, 2018 4:11 pm

We have a little question about our online ILR (SET-M) application!

For the past 12 months I've been a full-time permanent employee of a company, and we will be relying upon that alone to fulfil the income requirement.

Separately, I am also the director of a limited company in the UK. I last took dividends from that company in April (i.e. not within the last six months), am not engaged in active trade and we do not rely upon it to fulfil the income requirement.

Under the Financial section of the online application form, it asks:

Are you the director or non-executive director of a limited company based in the UK? (Yes/No)

We have two questions about this:

1. If we do not rely on it for the financial requirement, do we need to declare my directorship?
2. If yes, what additional evidence do we need to provide?

We're hoping that we don't need to mention it and can check "No" if we're not relying upon it, but we'd really appreciate another perspective!

Same situation, if you say yes then it will ask you to provide evidence but this evidence will be related to the role you’re basing your income on. Ao it doesn’t make sense to say yes as the directorship is not related to the employment. That is my opinion but please if someone else can shine some light on this. Truly appreciated.

Regards

Any help or suggestion?

R-graphite wrote: ↑

Sat Dec 08, 2018 3:46 pm

Any help or suggestion?

Adding a bit more info following some research.

I found on another forum and in that case, they were advised (by someone in a similar situation) that they didn't have to include any details of the LTD company as they are not relying upon it for income.

The question about directorship is not present in previous versions of the paper-based application for ILR, so it caught us by surprise. Our guess (hope?) is that it is badly-worded, similar to the income requirement question, and is to check if the individual is receiving salary through their own LTD company (which we are not).

We really hope that we don't have to include the full list of documents required as evidence for a limited company in Appendix FM-SE. Some of them we have originals/copies of, and some we can get from my accountant, but our visa expires on the 17th and a couple of those documents would require us to wait on HMRC to process and fulfil a request… That wouldn't be ideal!

We'll decide what to do on Monday, taking into consideration the advice we receive between here the other forum. Whether or not we get advice, I'll post what action we take.

(R-graphite: when are you planning on sending your application, by the way?)

I am submitting the application in the second week of January. I am 90% confident that we should say No as this question is only relevant to the income source you’re claiming, but please let me know when you get an official advice.

Thanks

Ok. I’ve done the following in my application:
I entered all the details of my employment from company X with role Y and then I answered yes to being a director of a ltd company(which is completly different to the company that I am emplyed with and claiming the income from) now when I did that the application went to the next step and asked for proof. Under proof for directorship it said:
Can you provide evidence for a director as per appendix fm-se for (My name) for Role Y. So the evidence of directorship they asked for was specific to the role I am claiming income from. Now onviously for that role I am not a director! Hence, I believe that I should answer No to the question of director. Also if you try to add another employment the same question appear again with every employment you add, hence this question is dependent on the role and not a generic question. That is my interpretation. Please discuss if uou have another view.

R-graphite wrote: ↑

Sat Dec 08, 2018 9:08 pm

I am submitting the application in the second week of January. I am 90% confident that we should say No as this question is only relevant to the income source you’re claiming, but please let me know when you get an official advice.

That's what we currently think too. One person in my other thread suggested the opposite—replying Yes but not providing any further documentation. We've also considered supplying a covering letter to explain our answer more fully.

We're going to seek advice from an immigration solicitor on Monday, so I'll let you know what they say!

Jordan G wrote: ↑

Mon Dec 10, 2018 12:28 am

R-graphite wrote: ↑

Sat Dec 08, 2018 9:08 pm

I am submitting the application in the second week of January. I am 90% confident that we should say No as this question is only relevant to the income source you’re claiming, but please let me know when you get an official advice.

That's what we currently think too. One person in my other thread suggested the opposite—replying Yes but not providing any further documentation. We've also considered supplying a covering letter to explain our answer more fully.

We're going to seek advice from an immigration solicitor on Monday, so I'll let you know what they say!

Ok thanks, I will be waiting for your advice.I think the immigration adviser if you meet him/her should also know that if this is answered yes then at the mandatory documents required section, they ask for evidence related to directorship from the employment you’re claiming from(which makes me even mote confident thst this is not a generic question but it is related to the specific source of income you’re claiming from) please let me know what the immigration adviser says. Very much appreciated.

Jordan G wrote: ↑

Mon Dec 10, 2018 12:28 am

R-graphite wrote: ↑

Sat Dec 08, 2018 9:08 pm

I am submitting the application in the second week of January. I am 90% confident that we should say No as this question is only relevant to the income source you’re claiming, but please let me know when you get an official advice.

That's what we currently think too. One person in my other thread suggested the opposite—replying Yes but not providing any further documentation. We've also considered supplying a covering letter to explain our answer more fully.

We're going to seek advice from an immigration solicitor on Monday, so I'll let you know what they say!

Hi, I hope you have some news!

R-graphite wrote: ↑

Mon Dec 10, 2018 12:35 am

Jordan G wrote: ↑

Mon Dec 10, 2018 12:28 am

We're going to seek advice from an immigration solicitor on Monday, so I'll let you know what they say!

please let me know what the immigration adviser says. Very much appreciated.

Disclaimer: the below advice was obtained in a paid consultation with an immigration solicitor and was specific to our situation. I composed the below summary myself based on our conversation. I am not an immigration solicitor and accept no responsibility for errors or inaccuracies below, including errors or inaccuracies in their advice or my reproduction of it.

So! We just discussed our situation with the solicitor outlining the following points:

• The financial requirement is being met solely through income earned as a full-time permanent employee for company X.
• I am not a director at company X.
• Separately, I am a director of UK limited company Y.
• I do not rely on income from company Y, in whole or in part, to meet the financial requirement.
• After providing details of my employment at company X, the online application (as of December 2018) asks, "Are you the director or non-executive director of a limited company based in the UK?" This question allows a Yes/No answer.

The response from the solicitor:

• This question is intended to determine if I am a director within company X from which I am receiving a salary.
• As I am not, I may answer "No" to this question.
• The question itself appears to be poorly-worded.
• It would be appropriate to include a statement summarising our circumstances (not a director at company X, separately hold a directorship at company Y) to clarify our answer to this question.

This is what I'll do. I'll post a draft of my statement after we send our application in case it's helpful. (Note that I am composing this statement myself—it will not be vetted by an immigration solicitor!)

Jordan G wrote: ↑

Mon Dec 10, 2018 2:20 pm

R-graphite wrote: ↑

Mon Dec 10, 2018 12:35 am

Jordan G wrote: ↑

Mon Dec 10, 2018 12:28 am

We're going to seek advice from an immigration solicitor on Monday, so I'll let you know what they say!

please let me know what the immigration adviser says. Very much appreciated.

Disclaimer: the below advice was obtained in a paid consultation with an immigration solicitor and was specific to our situation. I composed the below summary myself based on our conversation. I am not an immigration solicitor and accept no responsibility for errors or inaccuracies below, including errors or inaccuracies in their advice or my reproduction of it.

So! We just discussed our situation with the solicitor outlining the following points:

• The financial requirement is being met solely through income earned as a full-time permanent employee for company X.
• I am not a director at company X.
• Separately, I am a director of UK limited company Y.
• I do not rely on income from company Y, in whole or in part, to meet the financial requirement.
• After providing details of my employment at company X, the online application (as of December 2018) asks, "Are you the director or non-executive director of a limited company based in the UK?" This question allows a Yes/No answer.

The response from the solicitor:

• This question is intended to determine if I am a director within company X from which I am receiving a salary.
• As I am not, I may answer "No" to this question.
• The question itself appears to be poorly-worded.
• It would be appropriate to include a statement summarising our circumstances (not a director at company X, separately hold a directorship at company Y) to clarify our answer to this question.

This is what I'll do. I'll post a draft of my statement after we send our application in case it's helpful. (Note that I am composing this statement myself—it will not be vetted by an immigration solicitor!)

You’re a star! Brilliant that’s what I thought. Thank you

R-graphite wrote: ↑

Mon Dec 10, 2018 2:23 pm

You’re a star! Brilliant that’s what I thought. Thank you

No worries! It will probably come we-e-ell after you send your application, but naturally I'll return to this thread when we hear back on our application as evidence that it was well-received.

Hi!
I was wondering if you applied and what did you write on your cover letter.
Thanks

Jordan G wrote: ↑

Mon Dec 10, 2018 2:30 pm

R-graphite wrote: ↑

Mon Dec 10, 2018 2:23 pm

You’re a star! Brilliant that’s what I thought. Thank you

No worries! It will probably come we-e-ell after you send your application, but naturally I'll return to this thread when we hear back on our application as evidence that it was well-received.

R-graphite wrote: ↑

Thu Dec 13, 2018 12:28 pm

I was wondering if you applied and what did you write on your cover letter.

Here's roughly what I wrote, edited and with my own details removed. It assumes that the sponsor's employment income is being used to support the application and that the sponsor separately is a director of a limited company from which no income is used to support the application.

It may be completely unnecessary to include this—it may even delay or harm your application, for all I know—so read/review it carefully and use with discretion! (Again, I am not an immigration solicitor and the content of my letter was not reviewed by one; I accept no liability for anyone who uses this in their application.)

SUPPLEMENTAL STATEMENT RE. LIMITED COMPANY DIRECTORSHIP

{submission date}

To whom it may concern:

I am {sponsor's name}, the {relationship to partner} of {applicant's name} and my income is used to meet the financial requirement for this visa.

As of {submission date}, the online application asks, "Are you the director or non-executive director of a limited company based in the UK?" This statement is intended to clarify our answer to this.

• I am not a director within {employer}—nor any affiliated company—from which I receive the salary ({salary}) used to meet the financial requirement for this application.
• Separately, I am the sole director of a UK limited company ({company name}, VAT number {VAT number}) used for {purpose} in the period {from date}–{to date}.
• I do not rely on any income from {company name} to meet the financial requirement, either in whole or in part.
• This is a new question in the online form. The last paper version of this form did not include this question and, as of that version, we were not required to submit any further details or documents relating to my limited company.

Based on our research, we understand that this question seeks to establish if I am a director of the company, {employer}, from which I am receiving a salary.

Since this is not the case, we have answered this question "No," with the intended meaning of "I am not a director at {employer} from which I receive my salary, and my limited company directorship is not connected to the company of my employment or used to support the financial requirement of this application."

If this interpretation is in error, we submit that it is a good-faith misunderstanding based on ambiguity in the latest online version of the form. We ask that this statement be understood as a full and honest disclosure of our circumstances and serve as a correction of any such misunderstanding.

Should you require any further information or evidence, please contact us and we will provide it forthwith.


Yours faithfully,





{sponsor's name}

In our case, we also mentioned that we had sought paid legal advice from an immigration specialist on how to interpret this question; I've removed that since it won't be true of most people filling out this application.

Thank you and good luck with your aaplication. Update me with the result. Are you going through Super priority or standard?

Jordan G wrote: ↑

Thu Dec 13, 2018 8:02 pm

R-graphite wrote: ↑

Thu Dec 13, 2018 12:28 pm

I was wondering if you applied and what did you write on your cover letter.

Here's roughly what I wrote, edited and with my own details removed. It assumes that the sponsor's employment income is being used to support the application and that the sponsor separately is a director of a limited company from which no income is used to support the application.

It may be completely unnecessary to include this—it may even delay or harm your application, for all I know—so read/review it carefully and use with discretion! (Again, I am not an immigration solicitor and the content of my letter was not reviewed by one; I accept no liability for anyone who uses this in their application.)

SUPPLEMENTAL STATEMENT RE. LIMITED COMPANY DIRECTORSHIP

{submission date}

To whom it may concern:

I am {sponsor's name}, the {relationship to partner} of {applicant's name} and my income is used to meet the financial requirement for this visa.

As of {submission date}, the online application asks, "Are you the director or non-executive director of a limited company based in the UK?" This statement is intended to clarify our answer to this.

• I am not a director within {employer}—nor any affiliated company—from which I receive the salary ({salary}) used to meet the financial requirement for this application.
• Separately, I am the sole director of a UK limited company ({company name}, VAT number {VAT number}) used for {purpose} in the period {from date}–{to date}.
• I do not rely on any income from {company name} to meet the financial requirement, either in whole or in part.
• This is a new question in the online form. The last paper version of this form did not include this question and, as of that version, we were not required to submit any further details or documents relating to my limited company.

Based on our research, we understand that this question seeks to establish if I am a director of the company, {employer}, from which I am receiving a salary.

Since this is not the case, we have answered this question "No," with the intended meaning of "I am not a director at {employer} from which I receive my salary, and my limited company directorship is not connected to the company of my employment or used to support the financial requirement of this application."

If this interpretation is in error, we submit that it is a good-faith misunderstanding based on ambiguity in the latest online version of the form. We ask that this statement be understood as a full and honest disclosure of our circumstances and serve as a correction of any such misunderstanding.

Should you require any further information or evidence, please contact us and we will provide it forthwith.


Yours faithfully,





{sponsor's name}

In our case, we also mentioned that we had sought paid legal advice from an immigration specialist on how to interpret this question; I've removed that since it won't be true of most people filling out this application.

R-graphite wrote: ↑

Thu Dec 13, 2018 8:14 pm

Thank you and good luck with your aaplication. Update me with the result. Are you going through Super priority or standard?

No worries, and good luck to you too! We're going for standard processing—our circumstances aren't set to change, we're not going abroad in the next six months and the process is expensive enough, so we decided to keep a few hundred in our savings! What are you going for?

It will be the super priority option, I don’t have the nerves to wait for 6 months. I might get my result before yours, If I do I will update you.

Good luck!

I just want to add (rather late!) that my husband's visa was approved, and it looks like R-graphite's was too. Seems that the interpretation provided was correct, or at least that the people reviewing our applications considered any errors in our applications to be in good faith.