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Spouse Visa as a company director?

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Mohammed5547
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Posts: 2
Joined: Mon Feb 21, 2022 4:35 pm
United Kingdom

Spouse Visa as a company director?

Post by Mohammed5547 » Mon Feb 21, 2022 4:48 pm

Hi there, I know similar questions have been asked a few times but I have a few queries which I can't find specific answers to. Any help would be greatly appreciated.

I am a UK citizen, and my wife is American. She is currently pregnant with our child, and is currently in America until her visa has been sorted out.

My company, which i am a 50% shareholder of, and the director of, has been operating for around 19 months (less than 2 years). As I understand, applying while employed as a director would require me to submit company accounts, which leads to a few queries...

1) I have been on a salary for 2 months now, as the company is still fairly new, only 2 months ago I decided to pay myself a salary.
I know I will have to show 1 year accounts for the company which isn't a problem, but will I also have to show 1 year of personal salary or will it still remain at 6 months of personal income?

2) Does company profitability matter? As I said my company has been operating for around 19 months (under covid circumstances)
We are turning over in the region of £250,000 annually..
I am not sure if we made a profit yet, as my accountant is currently doing our accounts for first and second year. It's likely both years would have accrued a slight loss. Is this an issue? Despite this paying salaries is not and has not been an issue.

3) if there are issues with my limited company, being too new to be elegible, I may seek to gain secondary employment, on a £20,000 salary, through an opportunity which I have been presented. If I were to use this secondary salary as my primary financial support for the visa application, would it be an issue that I am also a company director?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Spouse Visa as a company director?

Post by manci » Tue Feb 22, 2022 12:59 pm

The financial requirements for a spouse visa relate to the income of the applicant and/or his/her partner and in that sense the profitability or otherwise of the company you are a director and employee of is not relevant.

The rules are complex, they are in https://assets.publishing.service.gov.u ... rement.pdf
but the simplified bottom line is that you and your wife should have had a total income of at least £18,600 in the 12 months prior to the application or in the last full financial year as the case may be, assuming no children are involved.

Apart from salary and dividends there are also other sources of income that may be relied on such as, for example, savings.
Personal opinion, not professional or legal advice

Huggybuggy
Newly Registered
Posts: 3
Joined: Sun Feb 27, 2022 8:06 am
United Kingdom

Re: Spouse Visa as a company director?

Post by Huggybuggy » Tue Mar 01, 2022 11:13 am

Thanks for the response. Much appreciated.

Have a good day!

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