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Topic: FLR(M) extension financial paperwork question  (Read 817 times)

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FLR(M) extension financial paperwork question
« on: July 15, 2019, 12:02:46 PM »
Hi all,

I'm a US citizen married to a British man, wrapping up preparation for my FLR(M) extension premium appointment on Friday. I was so grateful to have this forum during my initial fiancé and FLR(M) applications, and while I haven't been around here in the last 2.5 years I'm hoping I can get some help with a question.

In the 2.5 years I've officially been allowed to work in the UK (technically we're in the Isle of Man) I was self employed, and then a year ago switched to employed by my own limited company. My partner has a much more straightforward employment with pay far above the financial requirement, so we used his financial info for the visa application last time and are doing so again this time.

The question is about the question on the FLR(M) form that asks "Are you a director or non-executive director of a limited company based in the UK?" We both are directors of my limited company, though my partner has no shares and takes no income from the business, so I answered YES. Now my document checklist includes "Evidence as directed by Appendix FM-SE for a director or a non-executive director of a limited company based in the UK."

When I go into that appendix, I find this:

Quote
(d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). (SEE BELOW) This can include the latest Annual Return filed at Companies House.

Quote
9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
(a) The specified type of limited company is one in which:
(i) the person is either a director or employee of the company, or both, or of another company within the same group; and
(ii) 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
(iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.

I know this is very boring reading, but am I correct in thinking that because my partner receives no shares or income from my company, this doesn't apply to him? Of course I'd rather submit too much paperwork than too little, but the list of requirements to prove this non-existent income is very long and uses different names than what we call things in the Isle of Man, so I'd much rather just skip this if it's not necessary.

Thanks so much, I hope I was clear!


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Re: FLR(M) extension financial paperwork question
« Reply #1 on: July 15, 2019, 12:19:36 PM »
Are you saying that your husband is employed by a third-party (not you/your business), but you have also named him as a director in your business but he doesn't have shares or get any pay from you?

If that is the case, you are not relying on his part in your business to meet the financial part of your application, so put no where it asks if he is a director of a business.  Just answer the questions so that you can meet the requirements in the most straightforward manner (his employment with an outside employer).
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: FLR(M) extension financial paperwork question
« Reply #2 on: July 15, 2019, 12:50:58 PM »
Yes, he's employed by a third-party and that's where all his income comes from.

That's good to hear, though I've already completed my application online and have my in-person appointment booked for Friday, so I'm not able to swap my current yes for a no to that question. Is this something I can just explain in person, or should I now submit any sort of paperwork to prove that although he is a director he doesn't take any income or shares?

Thanks!


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Re: FLR(M) extension financial paperwork question
« Reply #3 on: July 15, 2019, 03:27:06 PM »
Your appointment is with Sopra Steria, a contractor who facilitates biometrics and submitting the application and evidence, not the decision-maker.  So explaining at the appointment won't help directly.  But they may be able to advise you on how you can amend your application to say no to that question before it reaches UKVI.

Or maybe the ECO will simply see that your husband's income from employment satisfies the financial requirement and you've got the correct evidence for that.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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