How to Satisfy the Partner Visa Financial Requirement as a Company Director
If applying for an Appendix FM spouse or partner visa, for those seeking to enter or remain in the UK on the basis of their family life as the spouse or partner of a British citizen or settled person, there is a strict financial requirement.
Appendix FM of the Immigration Rules sets out the minimum financial threshold of £18,600. The financial requirement will increase if non-British children are involved in the application, as set out in this blog post.
The financial requirement can be met in several different ways. If the applicant’s partner, and/or the applicant if they are in the UK with permission to work, is a company director of a specified limited company in the UK, there are distinct evidential requirements.
Partner Visa Financial Requirement as a Company Director
Category F – Using the Last Financial Year
Category F uses income from the last financial year in full in order to meet the financial requirement. For this to apply, the applicant’s partner and/or the applicant if they are in the UK with permission to work, must be either self-employed or the director of a specified limited company.
For the purposes of this post, only directors of specified limited companies will be considered. The company must be in the UK and the relevant individual(s) must be a director at the date of the application under Appendix FM.
Category G – Using the Last Two Financial Years
Alternatively, under Category G, the individual(s) can use the mean average income received in the previous two full financial years to meet the financial requirement.
The relevant financial year(s) should be covered by the CT600 Company Tax Return form, which corresponds to the accounting year of the company and is the last full financial year.
General Financial Requirements (For either Category F or G)
A specified limited company is defined at Paragraph 9(a) of Appendix FM-SE as:
- One where the individual is either a director or employee of the company, or both, or of another company within the same group;
- 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
These provisions do not apply to specified limited companies registered overseas. For individuals where this is the case, it should be considered if the income can qualify as (salaried or non-salaried) employment income, income from self-employment or non-employment income.
Specified Evidence for a Director of a Specified Limited Company
Appendix FM-SE sets out a list of documents which must be provided to meet the financial requirement as a director of a specified limited company. All relevant documents must be provided to the Home Office and the documents must be in the correct format. The documents must contain all required information. If a required document is not provided, is in the wrong format or is missing required information then the spouse or partner visa application may be refused.
Since the list of documents required to meet the spouse or partner visa financial requirement as a company director may change from time to time, we always recommend seeking expert advice from a specialist immigration lawyer. However, at the time of writing, the required documents are:
- CT600 Company Tax Return form for the last full financial year. This can be a copy or a printed version. Alongside evidence that this form was filed with HMRC, including electronic or written acknowledgement;
- Registration with the Registrar of Companies (Companies House). Alongside accounts for the full financial year if the company is required to produce annual audited accounts;
- If not required to produce annual audited accounts, unaudited accounts for the last full financial year and a certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
- Corporate/business bank statements covering the same 12-month period as Company Tax Return CT600;
- Current Appointment Report from Companies House;
- One of the following:
- Proof of ownership or lease of the premises of the business
- Original proof of registration with HMRC as an employer for National Insurance and PAYE purposes, reference number for Accounts Office and proof of PAYE reference number, such as in the form of a certified copy of HMRC documentation
- VAT registration certificate and VAT return for the last full financial year confirming registration number. This is required if the business turnover exceeds £79,000 or the threshold applied during the last financial year
Salary From a Specified Limited Company
If, as a director, the individual(s) also receives a salary from the company, the following must be provided in addition to the above:
- For the same period as the CT600, payslips and, if issued, a P60;
- For the same period, personal bank statements covering the 12 month period, demonstrating salary as director was paid into an account in the name of the person or jointly in the name of the person and their partner.
Dividends From a Specified Limited Company
If the individual(s) also receives dividends from the company, the following must also be provided:
- Dividend vouchers for all dividends declared in favour of the individual in the period covered by the CT600. These should evidence the individual’s and company’s details with the individual’s net dividends amount and tax credit;
- Personal bank statements demonstrating that dividends were paid into a bank account in the individual’s name or in joint names with their partner;
- Evidence of ongoing employment as a director of the company or the ongoing dividend income from the company. This includes payslips or dividend vouchers and bank statements demonstrating that the individual’s salary was paid into an account in their name or jointly with their partner, in the period since the latest 12 month period from the CT600. In the alternative, this could include evidence of the employer’s National Insurance contributions for the company, ongoing payment of business rates or business-related insurance premiums.
Combining Sources of Income to Meet the Financial Requirement
To meet the financial requirement, income which comes under Category F or G can be combined with other sources of income, including salaried and non-salaried employment, non-employment income and pension income. However, the other sources of income must be from within the applicable financial year(s).
All sources of income must still be current income at the time of application.
Cash savings cannot be combined with income under Category F or G to meet the financial requirement under Appendix FM. Further detail on combining sources of income can be found here.
Contact Our Immigration Barristers
If you would like further advice on an application for entry clearance or leave to remain as a partner under Appendix FM of the Immigration Rules, or in relation to any other immigration matter, then please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.