ILR - Financial requirement for Director of ltd company

bunnu123 · Post by **bunnu123** » Tue Jul 21, 2020 12:49 am

I have a question related to this post. Please help..

I'm a british citizen and after completing 5 years on dependent visa my wife is going to apply for ILR now. Question is i'm a director of a limited company and pay myself only £12,000 per year. Similarly my wife is also employed under my limited company and i pay her the same as £12,000. Neither i, or she makes individually £18600 however can we combine the salaries ? i means Homeoffice they do consider combined salaries? thanks

zimba · Post by **zimba** » Tue Jul 21, 2020 2:46 am

bunnu123 wrote: ↑
Tue Jul 21, 2020 12:49 am
I have a question related to this post. Please help..

I'm a british citizen and after completing 5 years on dependent visa my wife is going to apply for ILR now. Question is i'm a director of a limited company and pay myself only £12,000 per year. Similarly my wife is also employed under my limited company and i pay her the same as £12,000. Neither i, or she makes individually £18600 however can we combine the salaries ? i means Homeoffice they do consider combined salaries? thanks

First of all DO NOT tag your query all over the forum. Stick only to this post for your queries.

Director of limited companies (or partner employees of such company) cannot use their payroll salaries as proof of income for ILR under the family route.

You are instead required to supply company financial accounts, company tax returns, etc to prove your income (apply under category F or G)

Read the Appendix FM guide: https://assets.publishing.service.gov.u ... gov-uk.pdf

Search for Director or employee of a specified limited company in the UK – specified evidence

bunnu123 · Post by **bunnu123** » Tue Jul 21, 2020 10:19 am

Thanks for your reply. If my company tax returns are less than 18600, can i add wife income of 12k to make it 18600? i mean can it be a household income of 18600? thanks

zimba · Post by **zimba** » Tue Jul 21, 2020 3:51 pm

bunnu123 wrote: ↑
Tue Jul 21, 2020 10:19 am
Thanks for your reply. If my company tax returns are less than 18600, can i add wife income of 12k to make it 18600? i mean can it be a household income of 18600? thanks

Yes, assuming she is in employment

bunnu123 · Post by **bunnu123** » Tue Jul 21, 2020 4:28 pm

Need Help Please.
I am British citizen and my partner is due to apply for ILR after completing 5 years. Question is about Financial requirements.
I am a director of a ltd company that is operating from Oct 2017. which means 2 annual tax returns have been submitted from Oct 2017 to Oct 2018 profit of £19k on CT600, however for Oct 2018 to Oct 2019 the profit is only £10k on CT600.

I put myself on PAYE from Aug 2018 (about 10 months after the company started operating) on a £1000/month salary which is unchanged since then. About a year after on Oct 2019, i put my Mrs on PAYE as well same on £1000/month salary which is unchanged since then.

Can you please help me, which way i can qualify for £18.6k financial requirement ? Feels a bit stuck. Thanks

bunnu123 · Post by **bunnu123** » Wed Jul 22, 2020 6:08 pm

Zimba wrote: ↑
Tue Jul 21, 2020 3:51 pm

bunnu123 wrote: ↑
Tue Jul 21, 2020 10:19 am
Thanks for your reply. If my company tax returns are less than 18600, can i add wife income of 12k to make it 18600? i mean can it be a household income of 18600? thanks
Yes, assuming she is in employment

Okay i can not count the salaries i paid to myself , plus salaries i paid to my mrs. Instead i can could my company's anual profit and combine with my wife salaries i paid to her account?

In that case, company annual profit is only £10k. I am paying my wife £1000/month since Oct 2019. Taking an average then , it would be £12k/year salary.
So for financial requirements i can add my company profit of £10k + my wife salary of 12k to make it 22k (above 18600) ? Does this makes sense please?

Please response ASAP and visa in expiring in 8 days. Thanks

bunnu123 · Post by **bunnu123** » Wed Jul 22, 2020 8:10 pm

My Partner is employee of my ltd company. So does she fall in Category A then for ILR application? Thanks

zimba · Post by **zimba** » Wed Jul 22, 2020 11:08 pm

Why did you create a new user to post the same question again ?? That user has now been deactivated as that is not allowed

bunnu123 wrote: ↑
Wed Jul 22, 2020 8:10 pm
My Partner is employee of my ltd company. So does she fall in Category A then for ILR application? Thanks

No. I should have been more clear that in order to apply under category A, she has to work for a non-specified limited company.
But your company is viewed as a 'specified type of limited company' under the rules because you as the partner own it. This means she must apply under category F or G. Also it is not about profits, it is about your company's total income. Please go read the guide !

(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.

Immigration Rules Appendix FM-SE: https://www.gov.uk/guidance/immigration ... d-evidence

bunnu123 · Post by **bunnu123** » Thu Jul 23, 2020 12:03 am

Thanks Zamba , Really appriciate it. It mean i can not go this route..
Can i please ask you about other option i have .. I took out 12k salary in a financial year from my limited company , and i also took 6k dividends 3 times in that financial year totalling 24k .. I do have dividend vouchers for that. Does this means i can now qualify for financial requirements please? I am not sure if dividends can be counted? thanks

zimba · Post by **zimba** » Thu Jul 23, 2020 2:24 pm

Not possible as per guide under Catagory C. You do not seem to be interested to read the guide. You could have found the answer to your own question in 2 minutes. READ THE GUIDE

A director or employee of a limited company in the UK who receives dividend income
from the company can count this income as non-employment income under
Category C, unless the company is of a type specified in paragraph 9(a) of Appendix
FM-SE (in that it is in sole or limited family ownership). If it is, this non-employment
income will be considered under Category F or Category G as appropriate.

bunnu123 · Post by **bunnu123** » Thu Jul 23, 2020 2:47 pm

Zimba wrote: ↑
Thu Jul 23, 2020 2:24 pm
Not possible as per guide under Catagory C. You do not seem to be interested to read the guide. You could have found the answer to your own question in 2 minutes. READ THE GUIDE

A director or employee of a limited company in the UK who receives dividend income
from the company can count this income as non-employment income under
Category C, unless the company is of a type specified in paragraph 9(a) of Appendix
FM-SE (in that it is in sole or limited family ownership). If it is, this non-employment
income will be considered under Category F or Category G as appropriate.

Thanks but on Page 54/55 it says

"Income from employment as a director of a limited company in the UK of a type specified in paragraph 9(a) of Appendix FM-SE, and dividends from this type of company (where the person is either a director or employee, or both, of that company), will be counted as income under Category F or Category G." So it means i can combine the salary i paid to myself plus the dividends isnt? Thanks

bunnu123 · Post by **bunnu123** » Thu Jul 23, 2020 10:40 pm

bunnu123 wrote: ↑
Thu Jul 23, 2020 2:47 pm

Zimba wrote: ↑
Thu Jul 23, 2020 2:24 pm
Not possible as per guide under Catagory C. You do not seem to be interested to read the guide. You could have found the answer to your own question in 2 minutes. READ THE GUIDE

A director or employee of a limited company in the UK who receives dividend income
from the company can count this income as non-employment income under
Category C, unless the company is of a type specified in paragraph 9(a) of Appendix
FM-SE (in that it is in sole or limited family ownership). If it is, this non-employment
income will be considered under Category F or Category G as appropriate.

Thanks but on Page 54/55 it says

"Income from employment as a director of a limited company in the UK of a type specified in paragraph 9(a) of Appendix FM-SE, and dividends from this type of company (where the person is either a director or employee, or both, of that company), will be counted as income under Category F or Category G." So it means i can combine the salary i paid to myself plus the dividends isnt? Thanks

Zamba, What do you think please? Thanks

According to Guide, What i pay myself as director is self employment. and above paragraph says i can combine my self employment income with dividends in category F or G. So what you think please? thanks

zimba · Post by **zimba** » Thu Jul 23, 2020 10:48 pm

All sources of income counts as long as they are ongoing under category F or G.

bunnu123 · Post by **bunnu123** » Thu Jul 23, 2020 11:42 pm

Zimba wrote: ↑
Thu Jul 23, 2020 10:48 pm
All sources of income counts as long as they are ongoing under category F or G.

Thank you .. Just a last question ..

Both of these points below belongs to Category F or G of ILR application isnt?

1. Me as Director on PAYE of my company receiving a salaray of £1000 per month
2. Me as Director receiving Dividends from my company in that financial year?

Thank you

zimba · Post by **zimba** » Thu Jul 23, 2020 11:53 pm

Yes, and you should show it is still ongoing

bunnu123 · Post by **bunnu123** » Fri Jul 24, 2020 12:05 am

Zimba wrote: ↑
Thu Jul 23, 2020 11:53 pm
Yes, and you should show it is still ongoing

Thanks Zimba , you have been really helpful. Yes i can show my PAYE is still on going .. Dividends i dont know how can i show its ongoing? Speaking of dividends can i ask you a question. I read in the guide it says all income showed be within the company's financial year. But dividends are paid to directors (in some cases could be 2,3 months) after the submission of company tax returns. is that still okay? For instance company tax year finished in Oct 2019. however Dividends 18/19 were paid to director on Jan 2020 ? makes sence , is that something okay? Thanks a lot

zimba · Post by **zimba** » Fri Jul 24, 2020 1:45 am

Correct

bunnu123 · Post by **bunnu123** » Mon Aug 03, 2020 2:08 pm

Okay, I have submitted ILR application and have created an account with UKVAS website. I need to ask is

1. Do i need to upload all supporting documents including bank statements etc on UKVAS website, and also i need to bring hardcopies along on appointment day ?

2. I can not see any available slots. What can be done ?

3. current visa is expiring on 10th Aug. If unable to book appointment by then, does this means i'm staying outside visa , making an illegal stay ?

Thanks

CR001 · Post by **CR001** » Mon Aug 03, 2020 2:15 pm

1. Do i need to upload all supporting documents including bank statements etc on UKVAS website, and also i need to bring hardcopies along on appointment day ?

Upload only. No need to bring all the supporting documents. You only need original passport and BRP card for the biometric appointment.

2. I can not see any available slots. What can be done ?

There are delays. You will receive an email for next steps at some point. They are currently only offering appointments for June applicants.

https://www.ukvcas.co.uk/flash-message- ... geId=74833

3. current visa is expiring on 10th Aug. If unable to book appointment by then, does this means i'm staying outside visa , making an illegal stay ?

Date of application is the date you submit and pay online and NOT the biometric appointment date. If you applied before visa expiry, it is an in-time appliation.

bunnu123 · Post by **bunnu123** » Mon Sep 28, 2020 4:16 pm

Applying for my Partner Indefinite. I am director of ltd company, pay myself and my partner. I have uploaded personal bank statements showing the money is coming in .. Do i also need to upload business bank statements? Thanks

CR001 · Post by **CR001** » Mon Sep 28, 2020 4:22 pm

You need far more evidence for the financial requirement as the director of a ltd company. You were advised of this before already, quoted below. You really need to read section 9 of Appendix 1.7.

Zimba wrote: ↑
Wed Jul 22, 2020 11:08 pm
Why did you create a new user to post the same question again ?? That user has now been deactivated as that is not allowed

bunnu123 wrote: ↑
Wed Jul 22, 2020 8:10 pm
My Partner is employee of my ltd company. So does she fall in Category A then for ILR application? Thanks
No. I should have been more clear that in order to apply under category A, she has to work for a non-specified limited company.
But your company is viewed as a 'specified type of limited company' under the rules because you as the partner own it. This means she must apply under category F or G. Also it is not about profits, it is about your company's total income. Please go read the guide !

(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.
Immigration Rules Appendix FM-SE: https://www.gov.uk/guidance/immigration ... d-evidence

bunnu123 · Post by **bunnu123** » Sat Jan 16, 2021 2:15 am

Thanks for your Help Immigration Board.

My partner has received indefinite Leave to remain .. Now i got 2 questions to ask please..

1. I'm British Citizen and partner received ILR - Some one said me she doen't need to wait for 12 months and can apply now for naturalisation. Is this true ?

2. Once applied for naturalisation and application is in process , Can my partner travel abroad on ILR card ?

Thanks

AmazonianX · Post by **AmazonianX** » Sat Jan 16, 2021 3:35 am

bunnu123 wrote: ↑
Sat Jan 16, 2021 2:15 am
Thanks for your Help Immigration Board.

My partner has received indefinite Leave to remain .. Now i got 2 questions to ask please..

1. I'm British Citizen and partner received ILR - Some one said me she doen't need to wait for 12 months and can apply now for naturalisation. Is this true ? Someone who is married to a British Citizen do not have to wait for 1 year before naturalisation, they can apply immediately on getting ILR.

2. Once applied for naturalisation and application is in process , Can my partner travel abroad on ILR card ?
While application is ongoing, you can not travel.
Thanks

bunnu123 · Post by **bunnu123** » Sun Jan 17, 2021 2:54 am

Thanks for reply ..

For 2nd Question about "Can applicant travel abroad while naturalisation is in process" .. you mentioned Applicant can not travel, however i read a different reply from another admin on this website .. Link below .. So i'm bit confused now .. Is there any link on HomeOffice website to make this clear please ?Thanks

british-citizenship/travel-during-natur ... 72173.html

AmazonianX · Post by **AmazonianX** » Sun Jan 17, 2021 4:56 am

bunnu123 wrote: ↑
Sun Jan 17, 2021 2:54 am
Thanks for reply ..

For 2nd Question about "Can applicant travel abroad while naturalisation is in process" .. you mentioned Applicant can not travel, however i read a different reply from another admin on this website .. Link below .. So i'm bit confused now .. Is there any link on HomeOffice website to make this clear please ?Thanks

british-citizenship/travel-during-natur ... 72173.html

Probably response should be "should not".
See below from CR001 in the thread you quoted

CR001 »Tue Jan 15, 2019 3:16 pm

Once the approval letter is received, she has 21 days to BOOK the ceremony.

The ceremony must be attended within 90 days of approval letter.

You should also be aware that HO could and do often ask for extra documents and original passports to be sent while the application is still pending. So be aware of any requests for documents as she will have a very limited number of days to send it if HO asks.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR - Financial requirement for Director of ltd company

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ILR - Financial requirement for Director of ltd company

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