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Set(M) supporting evidence; employed & director

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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lucasintheuk
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Set(M) supporting evidence; employed & director

Post by lucasintheuk » Tue Aug 15, 2023 3:19 am

Hey all

I’m applying for ILR through the 5 year route as spouse of a UK citizen. A few hopefully straightforward questions:

1. I am employed by a large company, and using my employment to satisfy the financial requirements. I am asked for the usual evidence (payslips, bank statements, letter of employment), but also asked:

> Are they [me] a director or non-executive director of a limited company based in the UK?

I am, but am not relying on income from my limited company to meet the financial requirements. There are however dividend payments from this limited company on my bank statement.

If I say yes to this, it asks for:

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

My understanding of reading this appendix is that it’s just to ensure I’m not submitting employment income from a closely held company, and that paragraph 2. d. applies:

> 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.

Is my understanding correct? Can I just download the latest confirmation statement for my employer and submit that?

2. In reading through the previously mentioned appendix I noticed paragraph 1. a. v. ii.:

> electronic bank statements which are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page.

However, I’ve seen it said here that digital bank statements downloaded from a banking app/website are fine. I just want to double check that they are accepted as is and that I don’t need a separate letter from my bank.

3. The absences from the U.K. question reads:

> Since you started living in the UK have you spent time outside the UK?

> Do not include holidays of 2 weeks or less.

I have had short business trips of 3-5 days. When they say to exclude holidays does that only mean vacations, and I should mention the business trips?

4. If I need to mention business trips; these were done whilst providing consulting services through my limited company prior to my full-time employment. What evidence would I submit, as I’m guessing a letter from my own limited company wouldn’t suffice?

5. Lastly, “Could you and your partner live together outside the UK if necessary?” If I am from a country where my partner would have to apply for a visa and jump through immigration hoops, is the correct answer yes because there is a viable route for us to live together in another country or no with explanation that we don’t have a guaranteed route for her to live there?

Thank you for your time in reading through this!

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zimba
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Re: Set(M) supporting evidence; employed & director

Post by zimba » Tue Aug 15, 2023 4:49 am

1. A visa application is NOT a full disclosure, so ONLY answer YES to questions which are relevant to the route (Category A). So answer NO and ignore all the limited company stuff entirely as that ONLY is for people applying under category G or F
2. All electronic evidence is accepted
4. Family route has no absence requirements/limits at all, so absences are NOT even relevant. So ignore short absence as advised
5. Simply answer NO.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lucasintheuk
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Joined: Tue Aug 15, 2023 2:47 am
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Re: Set(M) supporting evidence; employed & director

Post by lucasintheuk » Tue Aug 15, 2023 12:01 pm

Thanks for your time zimba, much appreciated!

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