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Spouse ILR SET M

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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samuk47
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Spouse ILR SET M

Post by samuk47 » Mon Jun 28, 2021 10:30 pm

Hi there, I'm about to apply my wife ILR Set M. My wife is working as permanent part time and earning £10500 yearly whereas I'm sole director of company and just taking salary £9500 yearly ( no dividends )

My question is what documents as a director of company do I need to apply her visa? I do have documents as below

- CT600
- Company Accounts
- Company bank statement
- accountant letter
- P60
- CT600 submission history and confirmation
- Certificate of corporation
- Current appoint report
- employer letter
- My salaries slip
- My bank statements and my wife employer letter, salaries slips and bank statement

I paid 2/3 salaries bit late to myself but entered payment reference, like August salary paid on 30th September but entered reference August Salary

Please advise. Many thanks in advance.

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zimba
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Re: Spouse ILR SET M

Post by zimba » Tue Jun 29, 2021 10:29 am

The guide clearly tells you what you need under the Director or employee of a specified limited company in the UK – specified evidence

https://assets.publishing.service.gov.u ... .0-ext.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

samuk47
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Re: Spouse ILR SET M

Post by samuk47 » Tue Jun 29, 2021 8:17 pm

Thanks Zimba,
Still have few questions if anyone can help please.

- As a director of company I paid 2/3 salaries bit late but added reference like August, 2020 salary paid on 29th Sep but entered ref August Salary. Wondering if H.O is going to ask any question?

- I'm only taking salary from my company, do I need to register as self employed too or not?

- My wife in on 5 years route spouse of British citizen, came in 10th June, 2016 her five years are completed now. Can i apply ILR SET M now or do i need to apply 28 days before visa expiry date which is 31st Oct?

Really appreciate your help. Many thanks in advance.

ariamus
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Re: Spouse ILR SET M

Post by ariamus » Wed Jun 30, 2021 3:37 am

samuk47 wrote:
Tue Jun 29, 2021 8:17 pm

- My wife in on 5 years route spouse of British citizen, came in 10th June, 2016 her five years are completed now. Can i apply ILR SET M now or do i need to apply 28 days before visa expiry date which is 31st Oct?
You can apply now as your wife has been in the UK for 5 years. Or you could have applied 28 days before reaching the 5 years.

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zimba
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Re: Spouse ILR SET M

Post by zimba » Wed Jun 30, 2021 9:40 am

samuk47 wrote:
Tue Jun 29, 2021 8:17 pm
Thanks Zimba,
Still have few questions if anyone can help please.

- As a director of company I paid 2/3 salaries bit late but added reference like August, 2020 salary paid on 29th Sep but entered ref August Salary. Wondering if H.O is going to ask any question?

- I'm only taking salary from my company, do I need to register as self employed too or not?

- My wife in on 5 years route spouse of British citizen, came in 10th June, 2016 her five years are completed now. Can i apply ILR SET M now or do i need to apply 28 days before visa expiry date which is 31st Oct?

Really appreciate your help. Many thanks in advance.
- NO issue
- NO. Self-employed as per HMRC is NOT the same thing as working for yourself. This is a common misconception
- Visa expiry date is irrelevant. She is eligible when her qualifying period is complete
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

samuk47
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Re: Spouse ILR SET M

Post by samuk47 » Sun Jul 18, 2021 10:25 pm

Thanks Zimba, I'm sorry to bothering you guys again. Still bit confused, please help

- My wife started job in Dec, 20 ( £10500 yearly ) and my accounting year end in Sep, so last financial year was 1st OCt, 2019 to 30th Sep, 2020 ( took salary as director £9500 ). Question: Can I combine my wife salary with my financial year ended 30th Sep, 20?

- Do i need SA302 ( self assessment )

My accountant is saying i don't need to file self assessment/SA302 as I'm taking only salary from my company and covered by CT600 but I spoke with few immigration advisors and most of them keep saying I need SA302 or Home Office may ask for SA302

As a direction what option do i need to pick?
Which types of income will you rely on to meet the financial requirement?
- Employment -
- Self employment

If I tick on self employment.
Self-employment income for Mr Tony

Are they:
(Required)

A sole trader

In partnership

In a franchise agreement

A director or employee of a specified limited company based in the UK

Please advise. Really appreciate you guys help.

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zimba
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Re: Spouse ILR SET M

Post by zimba » Mon Jul 19, 2021 1:04 am

Please read the guide I linked above

No you cannot combine your wife's salary if it is outside your accounting year. The guide tells you this:
Where a couple are using their joint income to meet the financial requirement, all of
this income must fall within the financial year(s) being relied on and must still be a
source of income at the time of application.
The guide does not require SA302 for directors. I clearly directed you to where in the guide covers the evidence needed :?

You are A director or employee of a specified limited company based in the UK, I mentioned this above.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

samuk47
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Re: Spouse ILR SET M

Post by samuk47 » Sun Jul 25, 2021 9:59 pm

Hi all, Just wondering what to do if i can't combine my salary as director with my wife salary, she working in another company? Please need your opinion on as below

- My salary as a director £9500 yearly: year ended 1st Oct, 19 to 30th Sep, 20 and still taking salary
- My wife started job in Dec, 20 earning £10500 yearly and still working

Any advice, if we are not meeting financial requirement on basis of above circumstance.
Need your urgent help. Thanks

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zimba
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Re: Spouse ILR SET M

Post by zimba » Mon Jul 26, 2021 12:22 am

samuk47 wrote:
Sun Jul 25, 2021 9:59 pm
Hi all, Just wondering what to do if i can't combine my salary as director with my wife salary, she working in another company? Please need your opinion on as below

- My salary as a director £9500 yearly: year ended 1st Oct, 19 to 30th Sep, 20 and still taking salary
- My wife started job in Dec, 20 earning £10500 yearly and still working

Any advice, if we are not meeting financial requirement on basis of above circumstance.
Need your urgent help. Thanks
She does not qualify for ILR based on that as I pointed out to you. How long her visa is valid for ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

samuk47
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Re: Spouse ILR SET M

Post by samuk47 » Mon Jul 26, 2021 2:21 pm

Thanks Zimba,

Her visa is expiring on 31st Oct, 21. Please advise. Thanks

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zimba
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Re: Spouse ILR SET M

Post by zimba » Mon Jul 26, 2021 2:24 pm

Then wait until you prepare your most recent accounts by end of September 2021 and then you can combine her income with yours that way. This means you must delay her application until October and until you prepare the business account for 2020-21 period. There is no need to rush
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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