Successful application for FLR(M) relying on income from being a director of a UK limited company

Successful application for FLR(M) relying on income from being a director of a UK limited company

On July 07, 2021 | In Spouse / Partner Visa | By A Y & J Solicitors

Background

We have been with our client Mrs C for a long time. We helped her with her initial application under Appendix FM. This time, she instructed us to assist with her extension under the same category.

How we helped

According to the Appendix FM of Immigration Rules, one of the requirements that the applicant has to meet is the financial requirement. Mrs C’s husband is a director of a UK limited company. According to the Immigration Rules, she needs to provide specified documents to prove her husband’s income. She needs to provide several documents relating to the business plus her husband’s payslips, dividend vouchers and personal bank statements showing that he actually get paid from his company.

Under this category, the Home Office will check the director’s income received from the financial year most recently ended. This means that a person wishing to rely on earnings under this category will need to arrange to file their Company Tax Return CT600to HMRC on a timescale geared to meeting this requirement of the Immigration Rules rather than the deadline set for UK tax purposes.

In this case, Mrs C’s husband was running a shop, and he normally just use the cash received instead of pay the salary to himself. Therefore, he could not provide specified documents to prove his income during the last financial year. We advised that he should start to pay himself a salary, and the salary needs to be transferred from the company’s account to his personal account. Due to the exceptional circumstances in this case, we submitted that the Home Office should rely on credible prospective earnings from the sustainable employment or self-employment of the applicant or their partner according to paragraph 21A of Appendix FM-SE of the Immigration Rules. We gathered all the documents required to prove that Mrs C’s husband will be able to meet the requirement by the end of the current financial year, which means we relied on his future earnings.

Result

We helped Mrs C to submit her application and booked an appointment for her biometrics enrollment. The Home Office accepted our submission and granted her visa within the standard 8-week period without further enquiries.

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