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Specified Limited Company

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Ismart411
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Specified Limited Company

Post by Ismart411 » Wed Aug 14, 2024 9:27 pm

Hi ,
I also have a similar issue. I am applying for my wife ilr set (m) application.
My wife is earning 12k from employment and I am earning 12k as a director of limited company as director and employee of my company I also have payslips from January 2024 till now.
The only problem is my company is only 8 months old.
Is this gonna be a problem?

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zimba
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Re: Specified Limited Company

Post by zimba » Thu Aug 15, 2024 2:07 am

Ismart411 wrote:
Wed Aug 14, 2024 9:27 pm
Hi ,
I also have a similar issue. I am applying for my wife ilr set (m) application.
My wife is earning 12k from employment and I am earning 12k as a director of limited company as director and employee of my company I also have payslips from January 2024 till now.
The only problem is my company is only 8 months old.
Is this gonna be a problem?
First of all, DO NOT tag your query on someone else's thread.
A specified company is defined as follows:
Paragraph 9(a) of Appendix FM-SE of the Immigration Rules sets out the definition of a specified limited company as being one where:

(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.
She needs to apply under category F or G. Any earning period you claim must also match between the two of you to combine them under the rules. UKVI needs to see self-assessment or the latest company accounts.

Read the official guide: https://assets.publishing.service.gov.u ... rement.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Thu Aug 15, 2024 7:46 pm

Thanks Zumba for getting back to me.

Basically my case is bit complex.
I am applying for my wife Ilr set(M) 5 year root.

I am director of specified company which is 8 months old I have 6 months accounts ct600 submitted as well on 31 July 2024 I pay myself wages from that company which are 1000 per month and got 7 payslips as well.

My wife is in employment and she got her last 6 months payslips from her employer from February 2024 till 31 july 2024. Before February she was on maternity pay which started from July 2023 till march 2024.

As per the rules we have to show both our incomes from 31 July2024 till 31 july 2024.

So my question is can we combine my director salary and her payslips from employement and maternity allowance together to meet the financial requirement.

Also before January 2024 I was taking salary from my another company as director which is still operating and the financial year end is 31 may 2024 for that company.

Please advice I will be very thankful to you.

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zimba
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Re: Specified Limited Company

Post by zimba » Fri Aug 16, 2024 1:10 am

Yes, you can as long as the periods match and the sources of income are still ongoing.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Fri Aug 16, 2024 3:32 pm

Thanks again zimba,
Do I have to show my both companies or only the recent one from which I am taking wages now.
the financial year for my 1st company ending on 31 may 2024 and the 2nd company financial year is ending on 31 July 2024.

I haven’t take any wages or money from my 1st company from December 2023 before that I was taking wages from that company and I got pay slips for the whole year.

Now I am taking wages from my other company from January 2024 till now and got payslips as well.

Can you please advice shall I show my both companies documents to home office or the recent company which I am taking payslips now will suffice.


Please note this recent company is only 7 months old so I won’t have full financial year accounts for this company I got ct600 for 6 months accounts of this company.

Also I have consult with immigration lawyer they advice you can’t add the income from both companies as the financial year of both companies are different. They also said that you can’t use your wife maternity pay with her payslips to meet the requirement.

I am so worried as I have to submit application tommrow. Please help.

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Re: Specified Limited Company

Post by zimba » Fri Aug 16, 2024 3:46 pm

As I explained any periods to combine any income must match, so I agree with the advice you have been given regarding the companies. I do not think you need to show the source of the income is ongoing in the first company (the rules seem to apply this to employment only)

The maternity period will not break the continuous period of employment and if it was a paid maternity, then whatever she was paid can be counted.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Fri Aug 16, 2024 6:12 pm

I have just realised that it’s a maternity allowance not maternity pay.

Which is for the period of13 July 2023 till 31 march 2024
And she also got the payslips from feb 2024 till now.

Is it gonna be acceptable to meet the financial criteria?

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zimba
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Re: Specified Limited Company

Post by zimba » Sat Aug 17, 2024 1:34 am

UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance are considered under category C. The problem is that you can't combine this with your income under Category F or G. This is why I insisted that you read the guide !!
Income from Category C can be combined with income from Category A and
Category B: salaried and non-salaried employment, Category D: cash savings and
Category E: pension in order to meet the financial requirement.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Sat Aug 17, 2024 11:39 am

Yes but my category is f and g but my wife is on salaried employment category a or b so it can be combined with her category.
Also if not then can they consider last 7 months income as my company registered in December 2023 and the accounts I am going to submit is from then?
If not is it gonna go to 10 year root ?

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Re: Specified Limited Company

Post by zimba » Sat Aug 17, 2024 5:43 pm

So what ? Your wife's salary under those categories must then be combined with yours which then will not be possible with income under category C. If your wife was relying only on her own income to qualify then it would have not been an issue.

You can only rely on a full financial year:
For those employed as a director or other employee (or both) of a specified limited
company in the UK, the relevant financial year or years will be that covered by the
Company Tax Return CT600 and corresponds to the 12-month accounting year of
the company.
I repeat again, read the official guide !!!
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Mon Aug 19, 2024 6:19 pm

If that the case I don’t think I will be able to meet the financial requirement for Ilr.

I really appreciate your help.

One last question:
i have submit the application already could you please tell me what gonna happen now are they going to put my wife on 10 years route or will they extend the current visa as I think she can’t get ilr on these financial basis.

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Re: Specified Limited Company

Post by zimba » Mon Aug 19, 2024 6:58 pm

She will be offered a family visa under the 10-year route and asked to pay IHS fees for 3 years. There will be no automatic extension. She cannot extend under the 5-year route either as she does not meet the financial requirement (otherwise she would have gotten ILR :roll: )
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ismart411
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Re: Specified Limited Company

Post by Ismart411 » Mon Aug 19, 2024 9:49 pm

So it means she will be eligible for ilr after 10 years.
Anyways I just find one rule which might help me in my case which is as followed.

(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount.

My company financial year end on 31 July 2024 and I have taken dividend out on 5 August 2024 but haven’t transfer the money yet but I can transfer money to my account now.. Do you think I can use above rule to fulfill my financial requirement by mentioning it in my cover letter.

I have nothing to loose so do you think it might help or worth taking risk ?

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Re: Specified Limited Company

Post by zimba » Tue Aug 20, 2024 12:27 am

The rules require all the evidence to be dated before the date of application. They may not accept that
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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