ILR - Financial requirements working for my partner

[lucas91]

Hi guys,

I am just about to collect all the documents to apply for my ILR (5 years route), and I have one question. My partner has a limited company with just four employees (I am one of them). I have been working here for a long time. When I applied for my second part of the Leave to remain, I only relied on my salary, using my p60, and playlist to meet the financial requirements.

I read a lot of different information regarding this for the ILR, but I would like to know if I can do the same now for the ILR. Can I use only my salary to meet the financial requirements for It? I do work for my husband (the company belongs to him and his is the director), but I dont receive any dividends. I'm just a regular full-time permanent employee with a fixed salary. Can I use my salary, payslips, p60 to meet the requirements?

[Casa]

Hi guys,

I am just about to collect all the documents to apply for my ILR (5 years route), and I have one question. My partner has a limited company with just four employees (I am one of them). I have been working here for a long time. When I applied for my second part of the Leave to remain, I only relied on my salary, using my p60, and playlist to meet the financial requirements.

I read a lot of different information regarding this for the ILR, but I would like to know if I can do the same now for the ILR. Can I use only my salary to meet the financial requirements for It? I do work for my husband (the company belongs to him and his is the director), but I dont receive any dividends. I'm just a regular full-time permanent employee with a fixed salary. Can I use my salary, payslips, p60 to meet the requirements?

In 2019, you posted on the forum that you were granted ILR. Are you now posting on behalf of someone else?

general-uk-immigration-forum/ukvcas-sup ... l#p1726572

[lucas91]

I think you confused me with the Bipink, the author of the post that I quoted and the one who said about ILR. I only made one question on that thread: "Did you apply for Tier 2 or family visa?"

That was the only thing I commented there.

[zimba]

Have you read the guide ?? https://assets.publishing.service.gov.u ... rement.pdf

Checkout the section titled: Director or employee of a specified limited company in the UK – specified evidence

If you are working for your own company (or your spouse's company), that is called a specified company under the rules. There are very specific documents you need to provide. You can also only apply under category G or F

[CR001]

Hi guys,

I am just about to collect all the documents to apply for my ILR (5 years route), and I have one question. My partner has a limited company with just four employees (I am one of them). I have been working here for a long time. When I applied for my second part of the Leave to remain, I only relied on my salary, using my p60, and playlist to meet the financial requirements.

I read a lot of different information regarding this for the ILR, but I would like to know if I can do the same now for the ILR. Can I use only my salary to meet the financial requirements for It? I do work for my husband (the company belongs to him and his is the director), but I dont receive any dividends. I'm just a regular full-time permanent employee with a fixed salary. Can I use my salary, payslips, p60 to meet the requirements?

Are you sure you weren't put on a 10 year route as possibly didnt meet the financial requirements due to not submitting what was mandatory under category F or G? What does the approval email/letter state?

[lucas91]

Yeah, pretty sure im on a 5 year route, because when we applied for my leave to remain we relied on my partner finance only, and we used a laywer. I remember we needed to send a lot document about my husbend's company. I received an email saying the visa was granted, but I don't have the letter anymore, but there was nothing saying we didn;t meet the financial requirements. When I applied for my extension I also got the visa granted and only used my payslips working for my husband.

I read the guide and looks like we will need to do again what we did for my first application.

I will put myself as an employee, and I put him as the self-employed (company director), so we will use all his company documents and information that are required, plus my information as well as his employee in order to combine both salaries. Should this be ok?

Also, I have an urgent journey on the 8th of Feb, and I will come back on the 18th (the plane lands early morning on the 19th of Feb), and my current BRP expires on the 21st. Do you think if I submit my application by Thursday, could I get an appoitment for biometris by Monday the latest? Is there an express appoitment we can pay for UKVcas? I am worried to apply when I comeback and something happens during the trip and I wont return before my visa expires, but I cant cancel this trip.

[zimba]

Company directors are not self-employed. As I said you can ONLY apply under category F or G. The fact that you are the company's employee does NOT matter as that is a specified company. Also, you cannot travel if you have a pending application

[lucas91]

I will pay for the superpriority, so I am hopping to submit my application by Thursday and get an appoitment Friday or Monday at the latest.

Regarding company directors, there is no option for that. When I go on finance and Select income types, the only 5 options I have is : Employment (which I did for myself), self-employment ( which I selected for my partner), non-employment income, pension or cash savings. Under self-employment cathegory I selected on the next page: "A director or employee of a specified limited company based in the UK". I think thats correct, no?

Regarding using my salary, I just added it as weel because the amount my partner was paying for him would not meet the requirements, it would be about £18.000, despite the fact that the company revenue is quite high.

[zimba]

Super priority service is not guaranteed and you may not get a quick response at all. 'A director or employee of a specified limited company based in the UK' is the correct option for both you and your spouse. This applies to you as well as the first option is only for people applying under category A. The evidence should be provided for both you and your spouse, as given in the guide.

[lucas91]

Hi Zimba,

Now I got confused. As an employee, I dont have most of the documents they are asking for my partner (he is the director), because I'm just an employee.

[zimba]

Hi Zimba,

Now I got confused. As an employee, I dont have most of the documents they are asking for my partner (he is the director), because I'm just an employee.

Read the guide, read the guide !!!!
You can see the required evidence under the following section, which applies to BOTH you and your spouse. Some evidence will be shared. Your spouse is the director and you are the employee of the specified company

Have you read the guide ?? https://assets.publishing.service.gov.u ... rement.pdf

Checkout the section titled: Director or employee of a specified limited company in the UK – specified evidence

If you are working for your own company (or your spouse's company), that is called a specified company under the rules. There are very specific documents you need to provide. You can also only apply under category G or F

[lucas91]

Hi Zimba. I will read again, it was just a bit confused when I selected the options for me. It's because they wanted documents that I don't have as an employee, but I believe if we send my partner's, one should be fine, right?

Regarding the appointment, I think I will travel and apply when I comeback. I know its a very tight deadline, but I dont have much choice. I shouldn't have any problems with immigration when returning to the country, as my current BRP is still valid, right?
My flight leaves on the 8th, and I come back on the 19th early morning. My BRP expires on the 21st/ I am leaving all the documens scanned and ready for uploading and the application answered, just gonna return and pay. I'm just concerned if something happens during the trip, flight delays and things like that, but I still think i would return by 20th the latest. I am worried about applying this week by Friday, and don't get an appointment in time to get approval and my bra before the following Thursday, when I have my flight.

[zimba]

Hi Zimba. I will read again, it was just a bit confused when I selected the options for me. It's because they wanted documents that I don't have as an employee, but I believe if we send my partner's, one should be fine, right?

Regarding the appointment, I think I will travel and apply when I comeback. I know its a very tight deadline, but I dont have much choice. I shouldn't have any problems with immigration when returning to the country, as my current BRP is still valid, right?
My flight leaves on the 8th, and I come back on the 19th early morning. My BRP expires on the 21st/ I am leaving all the documens scanned and ready for uploading and the application answered, just gonna return and pay. I'm just concerned if something happens during the trip, flight delays and things like that, but I still think i would return by 20th the latest. I am worried about applying this week by Friday, and don't get an appointment in time to get approval and my bra before the following Thursday, when I have my flight.

All company-related documents will have to be provided by your spouse but they are still needed to support your application as an employee of a specified business. As I said, some evidence will be shared You can enter the UK until BRP expiry

[lucas91]

Hi guys, here I am again. I guess I got all the documents to send my application, but after reading the guide, I am still a bit confused about one thing. So we selected self employment (joint) > A director or employee of a specified limited company based in the UK (he is the director of the company and I am a regular employee). My questions are:

1. When it comes to the question "What was the income (in GBP) from self-employment in the last financial year?" He pays himself the minimum of £10500 a year. on the aplication says: "Get the figures from either form SA302 or SA300" (which he has, but I dont have, I only have my P60). Should we just put here the figures according to his SA300 or should we combine with my p60?

2. If we leave only his SA300 here, will this affect our financial requirements? (He get every month dividends from the company by borrowing money from the company every month, which is legal, but for the last financial year he didnt have dividend vouchers, was just borrowing from the company and this can be seen on his bank statements). I am just wondering if, for the financial requirements, they will look for the SA300 or if they will also consider all the movements on the bank statement.

3. As an employee, do I need to send my payslips from the last financial year as well or only for the last 6 months?

[zimba]

1. If the incomes cannot be entered separately, you may combine them. The decision will be based on the evidence submitted not just answers in the form

2. ONLY income earned can be counted. Borrowing from the company is NOT considered income as that is the company's money and it is expected to be paid back. You both need to provide evidence of income earned, such as payslips, dividends, etc. Company income is NOT his income.

3. 12 months, again the guide is clear:

Where the person is listed as either a director or employee of the company (or both) and receives a salary from the company, all of the following documents must also be provided:
• payslips and P60 (if issued) covering the same period as the Company Tax Return CT600
• personal bank statements covering the same 12-month period as the Company
Tax Return CT600 showing that the salary as either a director or employee of
the company (or both) was paid into an account in the name of the person or in
the name of the person and their partner jointly

[lucas91]

Thanks Zimba. So, just to clarify, in the part that says income from SA302 or SA300, can I combine my partner income (which does not achieve the £18500) plus my annual salary to match it? Even though I am only the employee and just with my p60? If so, then we will do that. I will send both our payslips and bank statements. Thanks again.

[zimba]

Thanks Zimba. So, just to clarify, in the part that says income from SA302 or SA300, can I combine my partner income (which does not achieve the £18500) plus my annual salary to match it? Even though I am only the employee and just with my p60? If so, then we will do that. I will send both our payslips and bank statements. Thanks again.

You have to claim joint income anyway but SA302 (self-assessment) is NOT relevant here. That is for self-employed people and directors of limited companies are NOT self-employed. The form may have only one option covering cat F/G as self-employed but that is NOT the case in reality or legally. Again please go and read the guide properly under the section that applies to you and your spouse which explains ALL the evidence needed: Director or employee of a specified limited company in the UK – specified evidence Only evidence under this section applies to your case and you will see no SA302 is required.

Also, note that the income earning period for you and your spouse MUST match to combine them. That period also should match the company's tax year, so you should provide all that evidence for the period that the CT600 covers

[lucas91]

Hi Zomba. Thanks again. I am sending all the documents requested: CT 600, payslips from me and my husband covering the ct 600 period, our bank statements covering the same period, his SA300, My P60, and the rest. On the form asking for the SA300 or 303, I just put his assessment because I don't have it, but there was no other space in the form to include my income or our income combined. As you said, they will make the decision based upon our documents. So I will leave like that.

[lucas91]

Hi guys. Looks like I am missing only one document. Current Appointment Report from Companies house. Does anyone know how to get it online?

[zimba]

Call the Companies House contact centre on 0303 1234 500

[lucas91]

Hi guys,
I would like to say a huge thank you to this community and its members. If wasnt for the advice and information I got here, I probably would get a refusal answer from HO sending the wrong documents.

So, I submitted my application Thursday, the 1st of Feb at 10pm. I finished uploading documents and booked an appointment around 3 am on Friday, the 2nd of Feb. I have a flex appointment on the same day (2nd of Feb) between 8 and 11 am in Croydon. I got an email with my approval on Monday the 5th of Feb and my BRP arrived today. Thank you guys for your help!!

[AmazonianX]

Quite a quick turn around for the BRP production and delivery.

[lucas91]

Quite a quick turn around for the BRP production and delivery.

It was indeed. I received an email saying I should have the BRP in 7 to 10 days. However, it took about 2 days to arrive, so I was pretty surprised and pleased at the same time.