Specified Limited Company

[roey28]

Hello all,

I have a question regarding the financial requirement for ILR (Set M). My husband has completed five years this month and his visa expires in December. We hoped to apply for his ILR but we've run into some issues regarding the financial requirement. As he is employed under my father's company, I understand that this falls under the specified limited company banner. However we only have payslips and corresponding bank statements from February of this year (not for the tax year april 23 to April 24). Any advice?

Seems that if we apply the application will be refused or he will end up on the 10 year route.

Thanks in advance.

[zimba]

Specified company is defined as follow:

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.

He needs to apply under category F or G. The company's accounting period matters, this is NOT necessarily from April to April.
Read the official guide: https://assets.publishing.service.gov.u ... rement.pdf

[roey28]

The company's accounting period is April to April. The issue does not lie with the company itself. Its the fact that my husband started on a full-time permanent basis from February of this year so we don't have payslips for before then. Is there anything that can be done?

I just checked the requirements for Cat F and G and unfortunately he cannot fulfil these requirements.

[zimba]

The company's accounting period is April to April. The issue does not lie with the company itself. Its the fact that my husband started on a full-time permanent basis from February of this year so we don't have payslips for before then. Is there anything that can be done?

I just checked the requirements for Cat F and G and unfortunately he cannot fulfil these requirements.

What about cash saving ?

[roey28]

We don't have enough in cash savings...and even if we did we don't have time for it to be in the bank for the required 6 months as the visa expires in December. I feel foolish for not realising this sooner but initially our solicitor said we only required 6 months payslips so I took him at his word. Now, I'm really not sure how to go about this.

[zimba]

I have already given you the guide. If you do not qualify under any of the categories, I am afraid you have to extend under the 10-year route.

[roey28]

Thanks for your help. A final question. If he ends up on the 10year route, does his clock start from when he first entered the UK in 2019 or does it reset from this year?

Thanks again.

[zimba]

Time spent under the 5-year route and the 10-year route cannot be combined under the family route. So he has to move again to the 5-year route if he he can to shorten his time for ILR or aletrnatively apply under the belong residence in 2029