Q&As

Can a person sponsoring their partner under Appendix FM count the salary they receive from a non-specified limited company (of which they are a director and/or minority shareholder but from which they receive no dividends) towards calculation of their income under Category A for the purposes of meeting the minimum income threshold?

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Published on LexisPSL on 20/07/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can a person sponsoring their partner under Appendix FM count the salary they receive from a non-specified limited company (of which they are a director and/or minority shareholder but from which they receive no dividends) towards calculation of their income under Category A for the purposes of meeting the minimum income threshold?

It has been assumed for the purposes of this Q&A that the company in question is a non-specified limited company, however, this Q&A does not constitute advice as to whether that is the case. For further information on specified limited companies, see:

  1. Practice Note: Minimum income threshold: Categories F and G—self-employment and directors and employees of specified limited companies

  2. IDI Chapter 8: Appendix FM (Family Members), Section FM 1.7 Financial Requirement

The Q&A asks whether a director who receives a salary from a ‘non-specified’ company, for the purposes of the Rules, can count this as income for the purposes of meeting the Minimum Income Requirement (MIR) under Appendix FM of the Immigration Rules (the Rules).

The evidential requirements for those seeking to meet the MIR via salaried employment are set out in the Immigration Rules, Appendix FM-SE, para 2:

‘2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:

(a) Payslips…

(b) A letter from the employer(s)…

(c) Personal bank statements…

(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). This can include the latest Annual Return filed at Companies House.

(e) Where a person appointed as a non-executive director of a limited company based in the UK, which is not

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