Author Topic: Spouse Visa - when to apply, rules interpretation  (Read 1584 times)

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Offline Delfin

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Re: Spouse Visa - when to apply, rules interpretation
« Reply #15 on: May 18, 2017, 09:28:20 PM »
Yep, I have seen all this guidance, but there are also the following two clauses, which throw a bit of a spanner in the works:

5.5.16. In respect of an equity partner, e.g. in a law firm, the income they draw from the partnership (including where this is in the form of a profit share) will be treated as income from salaried employment and they must provide evidence of the employment and their income from it accordingly. If the payslips and employer’s letter required under paragraph 2 of Appendix FM-SE cannot be provided, they can be replaced by alternative evidence which may include, but is not confined to, a letter (on official stationery) from an accountant, solicitor or business manager acting for the partnership (who is not the applicant or their partner) which provides the relevant information in paragraph 2 of

9.5.1. A sole trader is a business that is owned and controlled by one person, although they may employ staff. A partnership is where the business is owned by two or more people (although equity partners are treated as in salaried employment for the purposes of the financial requirement: see section 5 of this guidance). And a franchise allows a person the right to use an existing business idea.


My confusion is with respect to the above two clauses. If you take them for their word - I can get away with a lot less and this is exactly what was discussed in this thread - I am keen to know the outcome.

Offline larrabee

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Re: Spouse Visa - when to apply, rules interpretation
« Reply #16 on: May 18, 2017, 09:39:42 PM »
Yep, I have seen all this guidance, but there are also the following two clauses, which throw a bit of a spanner in the works:

5.5.16. In respect of an equity partner, e.g. in a law firm, the income they draw from the partnership (including where this is in the form of a profit share) will be treated as income from salaried employment and they must provide evidence of the employment and their income from it accordingly. If the payslips and employer’s letter required under paragraph 2 of Appendix FM-SE cannot be provided, they can be replaced by alternative evidence which may include, but is not confined to, a letter (on official stationery) from an accountant, solicitor or business manager acting for the partnership (who is not the applicant or their partner) which provides the relevant information in paragraph 2 of

9.5.1. A sole trader is a business that is owned and controlled by one person, although they may employ staff. A partnership is where the business is owned by two or more people (although equity partners are treated as in salaried employment for the purposes of the financial requirement: see section 5 of this guidance). And a franchise allows a person the right to use an existing business idea.


My confusion is with respect to the above two clauses. If you take them for their word - I can get away with a lot less and this is exactly what was discussed in this thread - I am keen to know the outcome.

Yes, I see. You would have to be sure that you fit the criteria.
March 29th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).