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:
(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.
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!