Meeting the Spouse Visa Financial Requirement as a Director of a Limited Company
In This Article
1. The Spouse Visa Financial Requirement
UK immigration rules require a British citizen or settled person sponsoring a foreign spouse/partner to meet a minimum income requirement. As of 11 April 2024, this threshold is £29,000 per year (combined income of sponsor and partner). (Under the old rules, introduced in 2012, the minimum was £18,600 plus set amounts for children).
The April 2024 change also removed separate child-related income add-ons for new applications (though existing visa holders who applied before that date still use the £18,600 rule on extensions). In practice, sponsors must usually show annual income of at least £29,000 to bring a partner to the UK under the family route. Exceptions exist (for example, if the sponsor receives certain disability benefits), but these are relatively rare.
2. Appendix FM-SE and Evidential Requirements
Appendix FM-SE of the Immigration Rules sets out various evidential requirements which must be met in order to satisfy the Appendix FM financial requirement. Different evidential requirements will apply depending on the particular circumstances of the applicant and/or their partner. In this article we examine how to satisfy the spouse visa financial requirement as a director of a UK limited company.
3. How Income From a Limited Company Is Categorised Under Appendix FM
Limited companies are owned by their shareholders. Under Appendix FM of the Immigration Rules (the “family members” appendix), income used to meet the financial requirement is categorised. Normally, a company director’s salary or wage counts as employment income (Category A/B) and any dividends as non-employment investment income (Category C), provided the evidence is straightforward.
4. When Does a Company Become a “Specified Limited Company”?
However, if the sponsor is a director or employee and also a significant shareholder in a family-owned business, then the company may fall under the “specified limited company” rules in Appendix FM-SE. In that case, the Home Office will apply the more stringent Category F/G evidential requirements instead of the usual employment or dividends rules.
This is because there is scope for doubt as to the effective control of a company in sole or limited family ownership, as the person is either a director or employee (or both) and a shareholder, or the other shareholders are family members of that person. The guidance explicitly notes that where a company is in sole or limited family ownership, decision-makers require evidence of the company’s operations.
5. The Definition of a Specified Limited Company Under Appendix FM-SE Paragraph 9
A “specified limited company” is defined in paragraph 9(a) of Appendix FM-SE. It is one where: (i) the person (sponsor or applicant) is a director or employee (or both) of the company, or of another company within the same group; (ii) shares in the company are held (directly or indirectly) by that person, their partner, or certain family members (parent, grandparent, child, 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 people.
In simple terms, this means the business is a family-run limited company with closely held share ownership. If the sponsor’s limited company meets all three of those conditions, the application is treated under the special “specified limited company” category. (If it does not meet those conditions, a director’s salary and dividends are assessed under the normal rules, the same as any other employment and investment income).
6. Category F and Category G: Meeting the Financial Requirement as a Company Director
Directors of a specified limited company have two possible ways to meet the income threshold. Under Category F they use the company’s income from the last full financial year, and under Category G they use the average of the incomes from the last two full financial years. The applicant can choose whichever gives a higher income.
In either case, the key point is that the financial year of the company (as reported in its Company Tax Return) is what counts, not the UK tax year. Home Office guidance clarifies that the relevant “financial year” is the accounting year covered by the company’s CT600 tax return. Because UK companies can set any year‐end date, the relevant 12-month period may end several months before the visa application.
7. Required Company Documents Under Category F or Category G
When relying on Category F or G for a specified company, the sponsor must submit detailed company and personal income records. Specifically, Appendix FM-SE paragraph 9(b)-(e) requires that the latest Company Tax Return (CT600) be provided, along with proof it was filed with HMRC. The company must also be registered at Companies House, and if it is required by law to file audited accounts then those accounts for the last full year must be submitted. If not, the director must supply unaudited accounts for that year plus a certificate from a qualified accountant confirming the accounts. Corporate bank statements for the same 12-month period (the entire accounting year) are required.
In addition, one of the following must be provided: a VAT registration certificate and the last VAT return (if turnover exceeds £90,000); or proof of ownership/lease of the business premises; or official HMRC documents showing the company’s PAYE and Accounts Office reference numbers. These documents help verify that the business is genuine and that the tax returns accurately reflect its trading.
8. Evidencing Salary and Dividend Income Received by the Director
On top of the company-level evidence, the director must show the personal income they actually received. If the sponsor drew a salary from the company, payslips and a P60 covering exactly the same period as the CT600 must be provided. Corresponding personal bank statements (for that 12-month period) must also be included to prove that the salary was paid into the sponsor’s bank account (or a joint account with their partner).
Likewise, any dividend income must be evidenced: the sponsor should submit the official dividend vouchers for all dividends declared in their favour during that year, and personal bank statements showing the dividend amounts being paid into their account. In short, the evidence must link the company’s reported profits (in the CT600 and accounts) to the actual payments made to the sponsor.
9. Proving Ongoing Income at the Date of Application
Finally, the application must demonstrate that this income continued up to the date of application. Because the company’s last full financial year may have ended months earlier, Appendix FM-SE paragraph 9(e) requires recent evidence of ongoing employment or dividends. This can include the most recent payslips or dividend vouchers and recent bank statements showing salary or dividend payments since the year‐end. (Alternatively, one can submit proof of continued business expenses paid by the company, such as ongoing business rates, insurance premiums or employer NIC payments).
The purpose is to confirm that the sponsor has not, for example, stopped working in the company after the annual accounts. In essence, the Home Office expects that the sponsor is still a director or shareholder receiving income from the business at the time of the visa decision. By providing this “current” evidence alongside the last full-year records, the sponsor proves both past income and continued economic activity.
10. Directors of Overseas Companies: Do the Specified Limited Company Rules Apply?
It is important to note that the “specified limited company” provisions only apply to UK-registered companies. If the sponsor is a director or employee of a company incorporated overseas, the paragraph 9 rules do not apply. In that case, the sponsor cannot rely on Category F/G and must fall back on the general rules to meet the financial requirement.
11. Summary: Key Considerations for Directors of Family-Run Limited Companies
In summary, directors of UK limited companies must pay careful attention to these rules when preparing a spouse visa application. If the company is family-owned (meeting the Appendix FM-SE definition), the sponsor must collect extensive evidence for Category F/G: full company accounts and tax returns, corporate and personal bank statements, VAT or premises proof, as well as detailed payslips and dividend records.
They must use only the income from the company’s most recent accounting year (or an average of the last two years) to reach the £29,000 minimum. Ensuring all documents cover the right periods and showing that income continued after the year-end are crucial steps. By meeting these strict evidential requirements, a company director can satisfy the current financial threshold for a UK spouse/partner visa under the current rules.
Also see our article How to Satisfy the Partner Visa Financial Requirements as a Company Director.
12. 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 contact form below.
13. Frequently Asked Questions
Does being a company director automatically mean I fall under the “specified limited company” rules?
No. The stricter Category F/G requirements only apply if the company meets the definition in Appendix FM-SE paragraph 9. In broad terms, this will usually be the case where the director (or their family members) hold shares and the remaining shares are owned by fewer than five other people. If the company does not meet that definition, salary and dividends may be assessed under the normal employment and investment income categories.
Why does the Home Office treat family-run companies differently?
Where a company is in sole or limited family ownership, there may be concerns about effective control of remuneration and dividends. For that reason, decision-makers require full financial year evidence and more detailed documentation to verify the company’s genuine trading activity and the income actually received by the sponsor.
Can I rely on my most recent payslips to meet the £29,000 requirement?
If the company is a specified limited company, income cannot be assessed in the same way as standard employment. Instead, the relevant income must be taken from the company’s last full financial year (or averaged across the last two full financial years under Category G). The company’s accounting year, not the UK tax year, is the key period.
What if my company’s financial year ended several months ago?
That is common. However, the sponsor must still show that income has continued up to the date of application. This usually requires recent payslips or dividend vouchers and bank statements demonstrating ongoing payments since the end of the last financial year.
Is dividend income treated differently from salary?
Where the company is not a specified limited company, salary and dividends may fall into different income categories. However, if the specified limited company rules apply, both salary and dividends are assessed together under Category F or G using the company’s financial year evidence.
What is the most common difficulty directors face when applying?
The main challenge is ensuring that all documents cover the correct accounting period and that the company’s reported profits can be clearly linked to the salary and dividends actually received. Inconsistencies between accounts, tax returns and personal bank statements can lead to refusal.
Do these rules apply to directors of overseas companies?
The specified limited company provisions apply only to UK-registered companies. Directors of overseas companies cannot rely on the paragraph 9 framework and must meet the financial requirement under the general rules.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
