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which financial category should i apply in for set (M) application

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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unclefester
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Posts: 2
Joined: Thu Sep 20, 2018 7:36 am
Australia

which financial category should i apply in for set (M) application

Post by unclefester » Thu Sep 20, 2018 7:38 am

Hello
I have been working for my uncles catering firm for 12 months and i will be applying for my wifes set m application soon.
I reach the salary requirements at £18,600. I do not hold any shares and I am just an employee at my uncles business. My uncle is the director and 100 percent share holder of his business.

I wanted to apply using catergory A but I am confused as the SET M application points to me applying in Catergory F or G because I am an employee of business owned by family member.
In my wifes FLR M application it was fine as I was working for my dads business at time and had no problem but the applciation form has been updated since.

My uncle does not wish to supply his company accounts informationb for my wifes application and now I feel pretty helpless to complete the application.

Any advise will be appreciated here to which category I should apply.

The below paragraph states that my uncles company falls as a specific limited company.

9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).

(a) The specified type of limited company is one in which:
(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.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: which financial category should i apply in for set (M) application

Post by cyclina1 » Thu Sep 20, 2018 11:55 am

https://assets.publishing.service.gov.u ... _Final.pdf

Documents in section 9.8 must be provided. You have nothing to get it around, as your uncle has the same surname as yours.

Or you can change your job and earn above the threshold for a year.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: which financial category should i apply in for set (M) application

Post by Casa » Thu Sep 20, 2018 1:28 pm

cyclina1 wrote:
Thu Sep 20, 2018 11:55 am
https://assets.publishing.service.gov.u ... _Final.pdf

Documents in section 9.8 must be provided. You have nothing to get it around, as your uncle has the same surname as yours.

Or you can change your job and earn above the threshold for a year.
The requirement would be over a period of 6 months with a new employer....not 12. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

unclefester
Newly Registered
Posts: 2
Joined: Thu Sep 20, 2018 7:36 am
Australia

Re: which financial category should i apply in for set (M) application

Post by unclefester » Thu Sep 20, 2018 3:28 pm

Thanks for the information.
I am a bit worried as my Uncle is refusing to give information that is required in 9.8.
Do you think I should still apply as Category A? as I have no choice at this stage.
May be in the future I can leave the company and apply for a new job. My wifes visa expires in October 2018. Do i still have to make the application for SET M and pay the full fee knowing that it will get rejected?
We also have one child who is British together as I am a British Citizen.
Any advise will be very helpful.
Thanks.

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