ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


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

Welcome to immigrationboards.com!

Login Register Do not show

dependent application financial requirement

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: 28 days rule confusion

Post by CULLINAN » Thu Nov 05, 2020 1:27 am

Happydays11 wrote:
Thu Nov 05, 2020 1:24 am
vinyl agreed!

covid tickling round, lets see how it goes. i am exploring all possible options.
Tier 1 Ent route: completing 5 years minus 28 days from the initial visa date.

LR route: Completing 10 years lawful residence from first entry in UK. You can apply 28 days before completing 10 years but just to be on the safe side best to book biometrics on a date when you have completed 10 years.

PS: If you go via LR and you have dependents, they will have to switch to FLR(M) and their ILR clock will reset.

PS2: 28 days.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: life in the UK just reference no

Post by Happydays11 » Thu Nov 05, 2020 1:29 am

AmazonianX wrote:
Thu Nov 05, 2020 1:23 am
Happydays11 wrote:
Thu Nov 05, 2020 1:17 am
thanks reference no all they want.
Yes only the reference number suffices. If there is need for any verification, HO knows how to go about it.
agreed!

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: 28 days rule confusion

Post by Happydays11 » Thu Nov 05, 2020 1:34 am

CULLINAN wrote:
Thu Nov 05, 2020 1:27 am
Happydays11 wrote:
Thu Nov 05, 2020 1:24 am
vinyl agreed!

covid tickling round, lets see how it goes. i am exploring all possible options.
Tier 1 Ent route: completing 5 years minus 28 days from the initial visa date.

LR route: Completing 10 years lawful residence from first entry in UK. You can apply 28 days before completing 10 years but just to be on the safe side best to book biometrics on a date when you have completed 10 years.

PS: If you go via LR and you have dependents, they will have to switch to FLR(M) and their ILR clock will reset.

PS2: 28 days.
That makes sense , thanks

can u explain what does it mean..

" You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months. "

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: 28 days rule confusion

Post by CULLINAN » Thu Nov 05, 2020 1:35 am

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: 28 days rule confusion

Post by Happydays11 » Thu Nov 05, 2020 1:46 am

not easy answer :D ,what i think, if employees on furlough application processing will take good time. even they might ask to attend interview. if someone run out time, better ask for extra time and complete the requirements.

thanks CULLINAN mush appreciated. Stay save

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

closing business and ilr

Post by Happydays11 » Mon Dec 14, 2020 12:30 pm

Hi,

i am on tier 1 extension, i had two companies both were registered within 6 month of initial time,
i got extension on one of the company and then i sold the company this year as this was not doing well.

My ILR 10 year completing in 5 months my question is selling business can effect my immigration history.

My second company is active and running.

Regards,

User avatar
seagul
Diamond Member
Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:

Re: closing business and ilr

Post by seagul » Mon Dec 14, 2020 12:39 pm

Happydays11 wrote:
Mon Dec 14, 2020 12:30 pm
Hi,

i am on tier 1 extension, i had two companies both were registered within 6 month of initial time,
i got extension on one of the company and then i sold the company this year as this was not doing well.

My ILR 10 year completing in 5 months my question is selling business can effect my immigration history.

My second company is active and running.

Regards,
No it won't make any affect and for ILR under 10 years of route require skeleton of documents unlike to other categories.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: closing business and ilr

Post by Happydays11 » Mon Dec 14, 2020 9:07 pm

Thanks just quick answer

just to check can we switch from company to sole trading (self employement) as there are few contracts which i can handle though sole trading . running company is not good point in this covid period as not much business around.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: closing business and ilr

Post by CULLINAN » Mon Dec 14, 2020 9:36 pm

Happydays11 wrote:
Mon Dec 14, 2020 9:07 pm
Thanks just quick answer

just to check can we switch from company to sole trading (self employement) as there are few contracts which i can handle though sole trading . running company is not good point in this covid period as not much business around.
Beware HO does all checks to see you have complied with your existing visa conditions. Although no documents are needed pertaining to Tier 1 Ent for LR, however, applicants come under strict scrutiny when they switch to LR from Tier 1 Ent route. I would suggest not to breach ANY Tier 1 Ent conditions. Also, be prepared if HO asks any additional documents etc.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: closing business and ilr

Post by Happydays11 » Tue Dec 15, 2020 2:51 pm

Thanks for reply.

1) do u suggest the company i sold can give problem, as my investment was on that company.

2) my understanding is maybe sole trader can give issues

3) i think running business is one of condition.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

2nd Application out of time and business activity

Post by Happydays11 » Wed Dec 16, 2020 6:04 pm

Hi,

i need expert opinion on this, my 2nd Tier 1 Ent extension application was decided in 22 Months all this 22 Month period was not allowed to work. although business was operating with employees.

my question is period of 22 months business activities are director possible for everything (in light of immigration rules).

technically if he/she work they are breaching immigration rules.

User avatar
zimba
Moderator
Posts: 19946
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: 2nd Application out of time and business activity

Post by zimba » Thu Dec 17, 2020 2:07 pm

You can be a director, you simply cannot be on the payroll. Directors do NOT even need to be UK residents
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: 2nd Application out of time and business activity

Post by Happydays11 » Thu Dec 17, 2020 5:27 pm

Thanks Zimba

Ok then during this period any negative impact on business or financial crunch which lead to long term effect on business running. how this can effect director immigration history .

We already informed them through MP that we are personally and buinesss is now facing financial crunch but they replayed there is pending investigation of select committee of handling of cases

User avatar
zimba
Moderator
Posts: 19946
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: 2nd Application out of time and business activity

Post by zimba » Thu Dec 17, 2020 5:28 pm

Happydays11 wrote:
Thu Dec 17, 2020 5:27 pm
Thanks Zimba

Ok then during this period any negative impact on business or financial crunch which lead to long term effect on business running. how this can effect director immigration history .

We already informed them through MP that we are personally and buinesss is now facing financial crunch but they replayed there is pending investigation of select committee of handling of cases
Irrelevant to your immigration
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

dependent application financial requirement

Post by Happydays11 » Wed Dec 30, 2020 11:22 pm

hi,

just checking financial requirement for dependants as main applicants on ILR LR.

is dividends considers as income for example salary gross 19200 plus dividends 10,000; does it work totalling 29200?

regards

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: dependent application financial requirement

Post by CULLINAN » Thu Dec 31, 2020 12:07 am

Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: dependent application financial requirement

Post by Happydays11 » Thu Dec 31, 2020 12:23 am

so yes?

Where a person is relying on dividends from a UK limited company and they are also a director or employee of that company, to count this dividend income under Category C evidence must be provided to show that the company is not of a type specified in paragraph 9(a) of which is one in which:

Appendix F

• the person is either a director or employee of the company, or both, or of another company within the same group

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: dependent application financial requirement

Post by CULLINAN » Thu Dec 31, 2020 1:42 am

It is always best to keep all your questions in one thread to get proper advice. If you create multiple threads your history will be lost and not everyone will go read your past history to offer you advice.

indefinite-leave-to-remain/28-days-rule ... 08345.html

indefinite-leave-to-remain/2nd-applicat ... l#p1971445

immigration-for-family-members/which-ap ... l#p1955819

Your previous question is still unclear. Seems like you are trying to combine Category F or G with Category C which can only be done under strict rules only - which the guidance specifies.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: dependent application financial requirement

Post by Happydays11 » Thu Dec 31, 2020 12:33 pm

bit confustion

for example i work as director of a company from 01/7/2020 till 31/12/2020

Salary 1600 working with same company more than 6 months, and dividends 10,000 same period.

does it work like below or not .

Category A (as working with same employer more than 6 months)

Salaries 1600 x 12 = 19200
Dividends 10000 (during 01/07/2020 till 31/12/2020)

Totalling 29200

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: dependent application financial requirement

Post by TODMATT » Thu Dec 31, 2020 12:37 pm

Does the following apply to you?

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.

https://www.gov.uk/guidance/immigration ... d-evidence
My opinions should not be constituted as an immigration or legal advice.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: dependent application financial requirement

Post by Happydays11 » Thu Dec 31, 2020 12:47 pm

bit confusion.

if the person solely show dividends he/she has to give proof of 12 months prior to application date under category C.

but if someone taking salary 6 Months or more and taking dividends does it fall in Category A?

as in page 18 it mentions under category A
(Total gross income from employment held throughout the 6-month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: dependent application financial requirement

Post by TODMATT » Thu Dec 31, 2020 1:03 pm

Happydays11 wrote:
Thu Dec 31, 2020 12:47 pm
bit confusion.

if the person solely show dividends he/she has to give proof of 12 months prior to application date under category C.

but if someone taking salary 6 Months or more and taking dividends does it fall in Category A?

as in page 18 it mentions under category A
(Total gross income from employment held throughout the 6-month period, divided by 6) multiplied by 12 = Income from non-salaried employment that can be counted towards the financial requirement.
You didn't answer the above question?
My opinions should not be constituted as an immigration or legal advice.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: dependent application financial requirement

Post by Happydays11 » Thu Dec 31, 2020 1:13 pm

i think yes

director and 100% share holder

TODMATT
Diamond Member
Posts: 1497
Joined: Wed Jun 13, 2012 1:09 pm

Re: dependent application financial requirement

Post by TODMATT » Thu Dec 31, 2020 1:20 pm

Official guidance states see page 58
https://assets.publishing.service.gov.u ... gov-uk.pdf

"A limited company is owned by its shareholders. Where such a shareholder is also a
director or other employee of the company, they may be paid a salary and receive
dividends, which can generally be counted, as appropriate, as employment or
nonemployment income under Category A, Category B or Category C. However, 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. This
is because in a company in sole or limited family ownership there is scope for doubt
as to the effective control of the company, as the person is either a director or
employee (or both) and a shareholder or the other shareholders are family members
of that person. In that case, instead of the employment evidence in Category A or
Category B or the dividend evidence in Category C, we need the evidence about the
operation of the company required under Category F or Category G. "

You need to apply either as CAT F or CAT G as per the guidance instead of CAT A & CAT C.
My opinions should not be constituted as an immigration or legal advice.

User avatar
Happydays11
Member
Posts: 174
Joined: Mon May 01, 2017 12:01 am

Re: dependent application financial requirement

Post by Happydays11 » Thu Dec 31, 2020 1:28 pm

Thanks that make sense

so Category F last full year accounts

if i earn 19200 in 2020-2021 does it count full 19200 or not?

Locked
cron