Set(M) Earning based on limited company and cash savings

[Singh1722]

Hello everyone,

I am in need of assistance regarding the submission of the Set(M) form for a spouse visa under the 5-year route. I kindly request your help in finding answers to the following questions. I am making this inquiry on behalf of my friend, as he requires assistance in completing his application.

The main applicant earns £15,000 annually, and her partner (my friend) owns a limited company. He registered the limited company on Companies House in July 2022 but did not commence trading until March 2023. He began drawing a salary from September 2023, amounting to £1,900 per month, which is ongoing. He received his CT600 for the period from July 2022 to July 2023 as the company's first financial year end. Unfortunately, the company did not make a profit during this period and only traded for four months.

He has earned £15,200 in the last 8 months since September 2023. How much salary can he show towards the financial requirement, considering he does not have 12 months' worth of pay slips? He can only provide the CT600 for the year from July 2022 to July 2023, during which the company was not profitable, and he did not draw a salary.

Question 1: If he presents himself as an employee of his own company and provides the last 6 months' payslips along with his wife's earnings, without disclosing that he is a director of his own company, would this be considered false information, potentially resulting in visa rejection?

Question 2: How can he demonstrate his earnings for the last 8 months since he began drawing a salary from his own company, considering there is no CT600 for this period?

Cash Savings
His wife has £25,000 in her bank account, which she has maintained for over 6 months. This money is her savings accumulated over the years. Additionally, she earns non-salaried income from her employment, with an average of £300 per week over the last 3 years.

Question 3: Can she only declare her savings (£25,000 - £16,000 = £9,000) and her average annual income, which exceeds £15,000 based on her weekly earnings? This way, she would not need to include or declare her husband's earnings or disclose that he is a company director.

Question 4: We are applying for her visa after 11 April 2024 so the income requirement is still £18600)
I hope an expert can provide answers to the above questions, as their visa is set to expire on 5th June 2024, and she was initially granted a spouse visa in February 2019.

Many thanks in advance.
Singh1722

[Singh1722]

Hello Everyone,

Please can I request if experts can help me with my above query?

Many Thanks
Singh

[zimba]

Question 1: If he presents himself as an employee of his own company and provides the last 6 months' payslips along with his wife's earnings, without disclosing that he is a director of his own company, would this be considered false information, potentially resulting in visa rejection?

Question 2: How can he demonstrate his earnings for the last 8 months since he began drawing a salary from his own company, considering there is no CT600 for this period?

Cash Savings
His wife has £25,000 in her bank account, which she has maintained for over 6 months. This money is her savings accumulated over the years. Additionally, she earns non-salaried income from her employment, with an average of £300 per week over the last 3 years.

Question 3: Can she only declare her savings (£25,000 - £16,000 = £9,000) and her average annual income, which exceeds £15,000 based on her weekly earnings? This way, she would not need to include or declare her husband's earnings or disclose that he is a company director.

Question 4: We are applying for her visa after 11 April 2024 so the income requirement is still £18600)
I hope an expert can provide answers to the above questions, as their visa is set to expire on 5th June 2024, and she was initially granted a spouse visa in February 2019.

1. 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 and the income will be based on the company's accounting period. You can ONLY apply under category G or F (not category A or B like a normal employee) That is the difference between the categories A or B vs categories F or G

Read the official 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

2. He cannot. Only salary earned during the company's accounting period can be claimed. To combine it with their spouse, the period in which BOTH their income was earned must also match. This is very important too.

3. Sure. That could be a better approach and in fact, I suggest taking this approach if possible

4. People who were under the family route before 11 April 2024, will follow the old rules.

[Singh1722]

Hello everyone,

I am in need of assistance regarding the submission of the Set(M) form for a spouse visa under the 5-year route. I kindly request your help in finding answers to the following questions. I am making this inquiry on behalf of my friend, as he requires assistance in completing his application.

The main applicant earns £15,000 annually, and her partner (my friend) owns a limited company. He registered the limited company on Companies House in July 2022 but did not commence trading until March 2023. He began drawing a salary from September 2023, amounting to £1,900 per month, which is ongoing. He received his CT600 for the period from July 2022 to July 2023 as the company's first financial year end. Unfortunately, the company did not make a profit during this period and only traded for four months.

He has earned £15,200 in the last 8 months since September 2023. How much salary can he show towards the financial requirement, considering he does not have 12 months' worth of pay slips? He can only provide the CT600 for the year from July 2022 to July 2023, during which the company was not profitable, and he did not draw a salary.

Question 1: If he presents himself as an employee of his own company and provides the last 6 months' payslips along with his wife's earnings, without disclosing that he is a director of his own company, would this be considered false information, potentially resulting in visa rejection?

Question 2: How can he demonstrate his earnings for the last 8 months since he began drawing a salary from his own company, considering there is no CT600 for this period?

Cash Savings
His wife has £25,000 in her bank account, which she has maintained for over 6 months. This money is her savings accumulated over the years. Additionally, she earns non-salaried income from her employment, with an average of £300 per week over the last 3 years.

Question 3: Can she only declare her savings (£25,000 - £16,000 = £9,000) and her average annual income, which exceeds £15,000 based on her weekly earnings? This way, she would not need to include or declare her husband's earnings or disclose that he is a company director.

Question 4: We are applying for her visa after 11 April 2024 so the income requirement is still £18600)
I hope an expert can provide answers to the above questions, as their visa is set to expire on 5th June 2024, and she was initially granted a spouse visa in February 2019.

Many thanks in advance.
Singh1722

Question 1: If he presents himself as an employee of his own company and provides the last 6 months' payslips along with his wife's earnings, without disclosing that he is a director of his own company, would this be considered false information, potentially resulting in visa rejection?

Question 2: How can he demonstrate his earnings for the last 8 months since he began drawing a salary from his own company, considering there is no CT600 for this period?

Cash Savings
His wife has £25,000 in her bank account, which she has maintained for over 6 months. This money is her savings accumulated over the years. Additionally, she earns non-salaried income from her employment, with an average of £300 per week over the last 3 years.

Question 3: Can she only declare her savings (£25,000 - £16,000 = £9,000) and her average annual income, which exceeds £15,000 based on her weekly earnings? This way, she would not need to include or declare her husband's earnings or disclose that he is a company director.

Question 4: We are applying for her visa after 11 April 2024 so the income requirement is still £18600)
I hope an expert can provide answers to the above questions, as their visa is set to expire on 5th June 2024, and she was initially granted a spouse visa in February 2019.

1. 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 and the income will be based on the company's accounting period. You can ONLY apply under category G or F (not category A or B like a normal employee) That is the difference between the categories A or B vs categories F or G

Read the official 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

2. He cannot. Only salary earned during the company's accounting period can be claimed. To combine it with their spouse, the period in which BOTH their income was earned must also match. This is very important too.

3. Sure. That could be a better approach and in fact, I suggest taking this approach if possible

4. People who were under the family route before 11 April 2024, will follow the old rules.

Thank you so much for looking into this and will ask you if I need anything else. Your support is highly appreciated.

[Singh1722]

Hi Zimba,

Please help me with the following if possible.

1. Is there a template available for a declaration signed by the account holder confirming the source of the funds? My friend's wife can demonstrate available funds for over 8 months without utilizing the specific account.

2. Does he need to provide proof of funds even though £25K has been in the ISA account for the last 8 months?

3. Can ISA savings be used towards cash savings?

4. My friend's wife earns £20K annually, based on an hourly rate of £12.50 and a permanent 40-hour contract. He is considering showing cash savings to be on the safer side, but would there be any issue with showing both cash savings and employment income simultaneously?

5. Is employment income considered based on gross or net income?

You have been accommodating and I thank you in advance.

Many thanks
Singh

[zimba]

1. There is no template
2. Please read the guide for all the evidence you need to send, under cash saving section
3. Yes
4. No issue
5. Gross pay

[Singh1722]

THANK YOU VERY MUCH FOR YOUR SUPPORT

[Singh1722]

Dear Zimba,

I have a final question.

My friend's wife's visa expires on June 14, and she has an appointment on May 21 for the one-day priority service. She already completed her five-year residency last February.

Initially, she applied for entry clearance with one child, followed by leave to remain. However, this time she is not applying with the child application because, once she obtains her ILR, we plan to apply directly for a British passport for the child. My friend already holds a British passport, and once his wife has ILR, we believe we can proceed with the child’s British passport application.

My question is:

Can we apply for her SET (M) without including the child this time, and then apply for the British passport for the child directly before the child visa expires on June 14?

Thank you.

[meself2]

My friend already holds a British passport, and once his wife has ILR, we believe we can proceed with the child’s British passport application.

Assuming child is born abroad, child needs ILR (or 10 years' residence) to be eligible for registration, not for British passport even.

Assuming you want child to be British, you need to first register them under form MN1, which takes a while and requires ILR if child was born abroad, as mentioned. Only after that is approved and you hsve tbr certificate you can apply for child's passport.

[Singh1722]

Thank you for your response.

My friend's wife already has an appointment tomorrow. Will she have a problem since the child, who was born abroad, did not apply with her? Can the child's ILR application be processed later, after the mother gets her ILR, since the child's visa expires next month in June?

My only worry is that her visa might be refused because the child did not apply with her.

Please advise as soon as you can.

Many thanks,
Singh

[zimba]

Her visa will not be refused but the UKVI may ask why the child was not included, due to the child safeguarding policy. Apply for the child using a separate SET(F) application.

[Singh1722]

Thank you for your reply

Can she apply SET(F) after she gets her ILR or must she apply before her appointment tomorrow?

Many thanks
Singh

[zimba]

Thank you for your reply

Can she apply SET(F) after she gets her ILR or must she apply before her appointment tomorrow?

Many thanks
Singh

The child can settle later. There is no requirement that the child must settle with the parent

[Singh1722]

Thank you so much Zimba

[singh17221722]

Hi Zimba,

Thank you so much for helping me with the SET M application. My friend's wife's ILR has been approved.

I have further questions about the child visa application. Based on the below scenario, I believe he should be eligible for British citizenship registration. Please share your knowledge to help choose the correct application.

Applicant (Child):

Age: 11 Years
He arrived in the UK in February 2019 and has completed his 5 years legally in the United Kingdom, including a 4-week holiday break.
His father holds a British passport. The father came to the United Kingdom in 2006 and obtained British citizenship in 2013 after his son was born abroad in 2011.
His mother arrived in the UK in February 2019 and got her ILR based on the 5-year route last week. She applied for her ILR without including the child.
The applicant (child)'s visa will expire on 10 June.
My questions are as follows:

Is he eligible to register for British citizenship without having ILR first, and can he apply using Form MN1 based on the above information?

If the answer is yes, will the Home Office automatically know that he has applied using Form MN1 to avoid considering him as overstaying after 10 June?

What is the success rate of this application based on the above information? If his application is rejected, will he be considered an overstayer in the country, and will we lose the chance to apply for ILR (as he is currently eligible for ILR)?

Please let me know what the best option is here.

Many thanks in advance.
Singh

[CR001]

Is he eligible to register for British citizenship without having ILR first, and can he apply using Form MN1 based on the above information?

No he is not eligible. The child needs ilr first. The child should have been included with the parents set m application!!

If the answer is yes, will the Home Office automatically know that he has applied using Form MN1 to avoid considering him as overstaying after 10 June?

Applying for citizenship is not an immigration application. When the child's visa expires, he is an overstayer. A citizenship application doesn't extend the visa conditions.

What is the success rate of this application based on the above information? If his application is rejected, will he be considered an overstayer in the country, and will we lose the chance to apply for ILR (as he is currently eligible for ILR)?

Definite risk of refusal and absolutely will be an overstayer.

[zimba]

Assuming child is born abroad, child needs ILR (or 10 years' residence) to be eligible for registration, not for British passport even.

Assuming you want child to be British, you need to first register them under form MN1, which takes a while and requires ILR if child was born abroad, as mentioned. Only after that is approved and you hsve tbr certificate you can apply for child's passport.

@singh17221722
This advice was given to you before
Also you seem to have created a new account, so your old account is now deactivated

[singh17221722]

Thank you so much for your reply. My old account can not be reset so I created a new one and saved my details now.

My friend's friends were in a similar situation and they managed to get citizenship for their children without going through the ILR. Their children were born outside the UK and their father received the British Passport after they were born then the mother applied for the ILR and the children straight to citizenship.

I agree with you and thank you for your support but just confused about how their solicitor managed to do that. I don't want to advise them to go to the solicitors unless there is a serious issue with immigration status.

If we go ahead with the SET F application then is there any income requirement for his child case?

Many thanks

[zimba]

Thank you so much for your reply. My old account can not be reset so I created a new one and saved my details now.

My friend's friends were in a similar situation and they managed to get citizenship for their children without going through the ILR. Their children were born outside the UK and their father received the British Passport after they were born then the mother applied for the ILR and the children straight to citizenship.

I agree with you and thank you for your support but just confused about how their solicitor managed to do that. I don't want to advise them to go to the solicitors unless there is a serious issue with immigration status.

If we go ahead with the SET F application then is there any income requirement for his child case?

Many thanks

SET(F) has no financial requirement at all
The grant of citizenship is a purely discretionary process so it could differ from case to case. In some exceptional cases, the non-UK-born child may not need ILR. However, normally a child born outside the UK cannot get citizenship unless the child holds ILR.