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Topic: Applying from US to return to work for family business in UK  (Read 780 times)

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Applying from US to return to work for family business in UK
« on: December 10, 2019, 01:47:34 AM »
Hi! First post here and hoping someone can offer some guidance with our situation.

I am a UK citizen who has been working in the US since Feb 2016 (first on a J-1 and now on a H-1B visa). I met my now husband shortly after arriving and we recently got married (October 2019). My visa and job here are all in good standing but we want to return to the UK to settle, where I would be returning to work within my parent's limited company. I am aware it is possible to apply for the spouse visa with a prospective job offer in the UK, providing that I have been earning over the financial requirement threshold in the US (which I have been for the entire length of my employment). However, I am less clear about whether the prospective job offer can be from a family business. We can provide all of the required documentation specified regarding the company listed under Category F (company house info, CT600, accounts, PAYE registration etc etc)- but as I haven't yet started working for them, I would not have a P60 or wage slips for the financial year we would be providing evidence for. Has anyone been in this situation? Are there restrictions preventing this scenario or can you essentially file as you would for category B (i.e. evidence of meeting financial requirement over past 12 months in the US and prospective job offer in the UK) but then also provide all of the evidence necessary for Category F (minus any payslips/P60)?

If it IS possible, I have one other question - the documentation specifies evidence regarding the company should be provided for the last financial year, which would be March 2018-Feb 2019. I assume that as long as we file before the end of the company's current tax year (i.e. before the start of March 2020) that this will be OK? Is it possible that if we filed in January 2020, and thus the application was being reviewed around/during the time the company's new tax year started, that the visa could be refused because we now have to submit evidence for the new tax year instead? We want to avoid the delay that would be caused by waiting for the accountants to file everything - which could be months after the tax year ends seeing as the deadline to submit them is 9 months after the tax year close.

Sorry for such a lengthy post, we would be grateful for any help/suggestions! Please let me know if more information would be helpful. Thank you!


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