The financial requirement rules that apply to spouse visa applications can be complex and difficult to meet. In this article, we consider the requirements for those who are a director or an employee of a specified limited UK company.
The requirements that an applicant must meet in order to obtain a spouse visa for the UK are set out in Appendix FM of the Immigration Rules. The Rules currently contain a minimum income requirement of at least £29,000. The previous government had planned to further increase the minimum income requirement to £38,700. However, the recently commissioned MAC review (from the Labour government) has ensured that this is paused at £29,000 until the outcome of the review, which is expected around Spring 2025.
We have previously explored the numerous methods of meeting the financial requirement. We now turn our focus to the requirements for those who are a director or employee of a specified limited UK company.
A specified limited company
The definition of a specified limited company can be found within Paragraph 9(a) of Appendix FM-SE of the Immigration Rules.
This sets out that a specified limited company is a UK registered company in which:
- the person is either a director or employee of the company, or both, or of another company within the same group; and
- 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
- any remaining shares are held (directly or indirectly) by fewer than five other persons.
It is important that those who are employees of a specified limited company as defined above, provide the required evidence as per the Rules in order to demonstrate their earnings, rather than relying on the less complex rules set out in Category A or B, regarding standard employment income.
The evidential requirements to be met when demonstrating income under the rules for directors or employees of a specified limited UK company can be complex. To avoid a spouse visa refusal, it is important that they are met in full.
Evidential requirements
When relying on earnings as a director or employee of a specified limited company, a potentially significant volume of evidence must be provided covering the last full financial year of the company. This can cause complications where a company has been active for less than a year or where an individual was not employed throughout the company’s last financial year.
The exact evidence required to demonstrate how the financial requirement can be met is set out within Appendix FM-SE of the Immigration Rules.
Amongst other documents, this includes a requirement to provide:
- the company tax return for the last financial year (CT600), and evidence this has been filed with HMRC;
- company accounts;
- business bank statements; and
- a Current Appointment Report from Companies House.
In addition, evidence of the individual actually receiving income will be required in the form of:
- payslips;
- P60s (if issued);
- dividend vouchers (if applicable); and
- personal bank statements.
The evidence should be carefully analysed before it is submitted with the spouse visa application in order to ensure that it is consistent, complete, and meets all the requirements. Failure to provide any of the required documents could lead to an application being refused.
UK spouse visa applications: How our Immigration Solicitors can help
Here at Carter Thomas, we are experienced in preparing successful spouse visa applications and will provide expert guidance and assistance throughout the process.
If you would like to discuss your situation with one of our experts, please contact us or complete the enquiry form below.
This article was originally published in January 2020 and has been updated. It is accurate as of the date of publication shown.
