vimsiva

Hello All,

I'm applying for spouse settlement visa from India. My husband is British residing at UK. He is an IT Contractor who owns a limited company. He is the director of the Ltd company and he receives a monthly salary as well as dividends.

Please clarify the following doubts

As per Appendix FM SE -

Section 5 - Category A -
This refers to salaried employment

Section 9 - Category F
Refers to self employment or director of the specified limited company in UK.

Since he is receiving a monthly salary as well as he is the director of the limited company i am confused in which category he falls under whether Category A or Category F?

Also how to find out whether his Ltd Company is a type specified company as mentioned in Paragraph 9a Appendix FM SE Below.

5.5.14.
Paragraph 9(a) of Appendix FM-SE states that 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.

Thanks

SanDiegogirl

From your description of your husband's job He is an IT Contractor who owns a limited company. He is the director of the Ltd company and he receives a monthly salary as well as dividends.


As per Appendix FM 1.7 Section 9 your husband can apply under Category F or G.

How you find out whether his Ltd Company is a type specified company as mentioned in Paragraph 9a Appendix FM SE .

You know he is an employee and director of the company. You ask him whether there are any other shares/directors or co-owners of the company.

vimsiva

Thanks for your reply sandieogirl..

He is the Only shared holder of the company..

Can you please give us more information.

If his ltd company has to be fall under Category A what has to be satisfied.

The reason we are confused is he went and approached a solicitor In UK and he says he will be falling under Category A, so we are not very clear.

we really want to know which category he falls under and can you please give us more information on this.

I am the applicant from India and do I need to send my TB certificate to my Husband in UK for him to send it to Sheffield or it has to carried by myself in India to VFS.

Thanks.

SanDiegogirl

I have given you my opinion. Based on your husband being a contractor and being director of LTD company, I believe he should be applying under Cat F as self employed.

If your solicitor is telling you differently then you should follow your solicitor's advice.

You can read the documents I mentioned in my earlier post for more information.

vimsiva

Hello,

Thanks for your reply .. Sorry I didn't mean that way your opinion always mallters.

We want to clarify how to find that his ltd company falls into those categories as mentioned in Paragraph 9a.

Thanks

Vadio

Just remember that solicitors are not always the best source of information. There are many posts on various forums about a visa refusal due to incorrect advice given by a solicitor - if you rely on one, make sure the person/firm is experienced in immigration law, and don't be shy about asking for clarification w/r/t the opinion they initially give you.

vimsiva

Yeah I completely agree with you..so as sandiegogirl

But can still some one clarify the Paragraph 9 a and how I can classify my husbands Ltd Company.
we where still confused on what Category...
If any one has applied under the same category can you please explain us.

Thanks

Vadio

It seems pretty clear to me.

5.5.14.
Paragraph 9(a) of Appendix FM-SE states that 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.

You have stated that your husband is the owner and director; he pays himself a salary from his own company; and

You have also stated that he is the sole shareholder.

I am not an expert, but it seems very obvious that the company satisfies the criteria of Paragraph 9(a), i and ii. subparagraph iii is not applicable.

If you own the company, and employ yourself, you are self-employed.

vimsiva

Thanks Vadio for your explanation much appreciated.

I completely agree with your comments but the paragraph 9a says , but it is mentioned 'and' between each of the points, does this mean that we have to satisfy all the three points or any of the point to fall under this category

5.5.14.
Paragraph 9(a) of Appendix FM-SE states that 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.

Thanks

SanDiegogirl

(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.

The above means a company is a specified limited company if the person is either a director or employee, he/she has shares, other shares may be owned by relatives or partners, and any left over shares are held by less than 5 people.

Your husband is a director and employee and he owns all the shares. He has a specified Limited company. He is self employed.

vimsiva

Thanks for your reply Sandiegogirl.

In that case he does fall under Category F.. is that right.

Just to clarify few couple of queries.

- During his last company Tax year he didn't have a contract in place so his Ltd company was not trading but he received a Salary and Dividend through his ltd Company for a year to satisfy the 18,600 threshold to meet the Financial requirement.
Would this be an issue since he was showing a loss during the last company tax return but he did had some cash leftover to pay him salary and dividend.

2) Now he has secured a new contract for 3 months which he will be starting by 9th Feb -
My question can we launch the application as soon as he starts his new contract or do we have to wait for him to receive some invoice through his ltd company to prove ongoing employment or can we submit the new contract as a part of the application.

3) TB - As a applicant myself do I need to carry to TB test to the VFS center in Chennai or it has to be sent to my husband in UK.

4) As I could see the priority time service for UK settlement visa has now been said within 30 days they will make a decision. - Any thoughts on this..


Many thanks for all who helped us ..

Thanks

SanDiegogirl

Based on your following statement:

- During his last company Tax year he didn't have a contract in place so his Ltd company was not trading but he received a Salary and Dividend through his ltd Company for a year to satisfy the 18,600 threshold to meet the Financial requirement.
Would this be an issue since he was showing a loss during the last company tax return but he did had some cash leftover to pay him salary and dividend.

unless he can show 12 months of accounts for the last full financial year of his business showing an income of 18,600 GBP, then any application will fail. Having some cash left over from somewhere or another will not suffice

I would suggest you get the advise of an accountant to verify if your situation can fulfill the financial requirements for self employed status.

spouse of scouse

Does your husband post here under the name kuts? If so, the advice already given regarding your specific situation may help

http://britishexpats.com/forum/citiz...oyment-904713/

SanDiegogirl

I thought I was having a deja vu moment ........

spouse of scouse

I have a good memory, it's one of my few skills