Applying for a UK spouse visa requires applicants to meet specific financial thresholds. For those applying for the first time after 11 April 2024, this threshold is £29,000 annually, and meeting it requires careful documentation and compliance with the Immigration Rules for demonstrating limited company Director income. Directors often rely on a combination of salary and dividend income, assessed under strict criteria outlined in Appendix FM-SE of the Immigration Rules.
Understanding Specified Limited Companies
Specified limited companies are defined under Paragraph 9 (a) of Appendix FM-SE of the Immigration Rules. These companies are typically family-owned or controlled by the applicant, their partner, or close family members, and have fewer than five non-family shareholders. If your income comes from such a company, it must be assessed under Category F (last full financial year) or Category G (average of the last two financial years).
The Home Office UKVI requires additional scrutiny for these companies to ensure transparency and that the declared income is genuine. The applicant must specify the financial year being relied upon and provide supporting documentation to demonstrate the required level of income.
How Directors’ Income is Assessed
Directors of specified limited companies can rely on their income in the form of:
- Salary: Regular payments made to the director, reflected in the company’s accounts and personal bank statements.
- Dividends: Profit distributions declared during the financial year, supported by dividend vouchers and bank records.
Under Appendix FM-SE, income must align across tax filings, company accounts, and personal bank records. Any discrepancies can lead to delays or refusals, so it’s essential to ensure accuracy.
Time Period for Director or Employee Income of a Specified Limited Company
To meet the financial requirement for a UK spouse visa, directors or employees of a specified limited company can rely on income from the company’s last full financial year. If the business has been operational for a sufficient period, applicants may instead choose to rely on the average income from the last two financial years. The chosen timeframe must align with the company’s tax filings and other financial evidence to ensure compliance with Home Office requirements.
Combining Income Sources
Directors can also combine their income with other permitted sources, such as:
- Income from non-salaried or salaried employment.
- Specified non-employment income, including rental income or investments.
- Pension income (state or private).
However, it is important to note that directors cannot combine their income with savings to meet the threshold. Instead, the financial threshold can be met solely with cash savings, if suitable.
UK Spouse Visa Director Income Documentation and Evidence
Meeting the financial requirement for a UK spouse visa as a director involves submitting comprehensive evidence. While the exact documents depend on the chosen income category, they generally include records that validate the company’s financial health and the director’s personal income. This typically involves:
- Company financial records, including tax returns and annual accounts.
- Personal income evidence, such as payslips, bank statements, and dividend vouchers.
- Proof of ongoing business operations to demonstrate income stability.
Ensuring all evidence aligns with Home Office standards is critical. Incomplete or inconsistent submissions can result in rejection.
Requirements for Foreign Company Directors
For directors returning to the UK with their partners, Directors of companies outside the UK must provide similar evidence. Company accounts and dividend records should be equivalent to UK standards, and the documents may need certified translations. Additionally, foreign currency earnings must be converted to GBP at the prevailing exchange rate to demonstrate compliance with the financial threshold.
How Whytecroft Ford can help
Meeting the £29,000 financial requirement as a director for a UK spouse visa requires careful preparation and compliance with Appendix FM-SE rules. By thoroughly documenting salary and dividend income, aligning records, and understanding how to combine income sources, applicants can strengthen their case and improve their chances of success.
For tailored advice and expert assistance with your spouse visa application, contact Whytecroft Ford on 0208 757 5751 or use our contact form.
