Requirements for a Spouse Visa Under Paragraph 9 of Appendix FM of the Immigration Rules
Requirements for a Spouse Visa Under Paragraph 9 of Appendix FM of the Immigration Rules
A spouse visa applicant has to meet the minimum income requirements as outlined in the Immigration Rules to qualify for leave to remain as a partner. There are multiple ways to meet the financial requirement by demonstrating annual salary or income as a director or an employee of a specified limited company.
The applicant can meet the spouse visa minimum income requirement through the earnings derived from dividends, employment, or shares from a specified limited company.
Paragraph 9(a) of Appendix FM-SE outlines the definition of a specified type of limited company.
- An applicant or their partner is appointed either as an employee or a director of the specified limited company in the UK or both, or they are employed in another specified company within the exact group;
- If not employed, the applicant or their spouse holds shares (directly or indirectly) in the company or the following family members of the applicant or their spouses or civil partners:
- Parents
- Grandparents
- Child, stepchild
- Grandchild
- Siblings
- Uncle/aunt
- Nephew/niece
- First cousin;
- The remaining shares of the specified limited company are held either directly or indirectly by not more than five persons.
If the applicant is employed in the company, they need to submit the following;
- A copy of Company Tax Return CT600 for the recent financial year
- Proof of company registration
- Annual audited accounts
- If the company is not required to provide the audited accounts, unaudited accounts must be submitted with a certificate of confirmation by an approved accountant (member of the UK Recognized Supervisory Body)
- Business bank statements
- Evidence of ownership or lease agreement of the office
- VAT Registration and VAT returns
The Person Receiving Salary from the Specified Limited Company
If the applicant or their partner is appointed as a director or an employee and receives a monthly salary from the company, they have to submit relevant evidence as set out in paragraph 9(c) of Appendix FM-SE.
The applicant must satisfy the evidential requirements should they rely on the salary received from the company:
- Payslips covering the recent full financial year or for the same period as Company Tax Return CT600;
- P60 (please note this is not mandatory and should only be provided if issued);
- Personal bank account statements for the last full financial year to demonstrate the salary paid for working as a director and an employee.
Receipt of Dividends
If the applicant relies on the receipt of dividend income to meet the financial requirements, they have to submit the following documents as outlined in Paragraph 9(d) of Appendix FM-SE:
- Dividend vouchers detailing the dividends declared and the net dividend amount the person is entitled to receive;
- Bank statements showing the dividend income was paid into their personal or joint account with the partner.
Period Covered
The applicant has to provide relevant documents to prove earnings received from the shares, employment, or dividends from a specified company. They can apply based on the income from the recent financial year or the average income received in the last two financial years.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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