# Employment in family business and spouse visa



## mobeen87 (Mar 7, 2017)

I would like to take some clarification about financial requirement,last time when I got my visa my husband was working in his father's shop so we provided 6 months paperwork,now I heard that if we want to apply extension we should show 12 months paperwork cause my husband is employed in his father's shop,is it true?I would like to clear that my father in laws business Is sole trader business and he employee staff,it's not a limited company


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## Kimi2490 (Nov 8, 2012)

If you are applying for a spouse visa extension under Category A, you submit 6 months pay slips, 6 months bank statements , employment letter and P60 copy. That's it. Not 12 months. 

Hope this helps.


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## mobeen87 (Mar 7, 2017)

Thanks for ur reply,can any one please explain that what documents r required for the employment in specified type of ltd company,and what documents r required for employment in a relatives sole trader business in uk?


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## Crawford (Jan 23, 2011)

As he was working in the same job when you did your first application, you provide the documentation you provided then.

If he is an employee then what type of business it is is irrelevant.


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## mobeen87 (Mar 7, 2017)

Thanks for reply,my curiosity is because when I applied there is change in guidance this year.they have added word employee with director,
Where a person is either a director or employee of a limited company in the UK, or both
and receives a salary from that company, that salaried income can be counted under 
Category A or Category B, provided that the limited company is not of a type specified in 
paragraph 9(a) of Appendix FM-SE (i.e. it is not in sole or limited family ownership). 
Evidence of the type of company must be provided, which can include the latest Annual 
Return filed at Companies House. A fee paid to a person appointed as a non-executive 
director of a company (and this is not a limited company in the UK of the type specified 
in paragraph 9(a) of Appendix FM-SE) instead of a salary may be treated and evidenced 
as though it were a salary paid for employment in that capacity


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## mobeen87 (Mar 7, 2017)

As I understand after reading the guidance that from 2017 employee of specified type of ltd company will be treated as self-employed and will have to submit company tax return etc,kindly correct me if I m wrong.


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## Crawford (Jan 23, 2011)

mobeen87 said:


> Thanks for reply,my curiosity is because when I applied there is change in guidance this year.they have added word employee with director,
> Where a person is either a director or employee of a limited company in the UK, or both
> and receives a salary from that company, that salaried income can be counted under
> Category A or Category B, provided that the limited company is not of a type specified in
> ...


So, he is not just an employee, he is a director of the company.

You have already quoted from Appendix FM-SE which details what is required for such employment.

Follow the instructions as to what documentation to send in this situation.


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## mobeen87 (Mar 7, 2017)

No he is employee not director.and the guidance is for employee or director of ltd company,but the business in which he is working is a sole trader business.


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## Crawford (Jan 23, 2011)

So why are you asking about employee/director of a limited company if the applicant is only an employee? (and employee of sole trader business?)

If he is only an employee then he needs to show payslips, bank statements and a P60 (if available)


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## Tee2008 (Dec 11, 2015)

Crawford said:


> So, he is not just an employee, he is a director of the company.
> 
> You have already quoted from Appendix FM-SE which details what is required for such employment.
> 
> Follow the instructions as to what documentation to send in this situation.


It seems to me also that the wording is ambiguous. But it does seem to imply that if the sponsor is employed in a family business, either as a director OR as an employee, then he cannot use the salaried employment route. Am I reading it wrong too, and if so, why ?


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## Tee2008 (Dec 11, 2015)

It does seem that the guidance was changed, in the last amendment to Appendix FM 1.7, to read as the OP says. It previously only said "director", and now says "director or employee. There must be a reason for that ?


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## Crawford (Jan 23, 2011)

Tee2008 said:


> It does seem that the guidance was changed, in the last amendment to Appendix FM 1.7, to read as the OP says. It previously only said "director", and now says "director or employee. There must be a reason for that ?


If a company comes under the description of Specified Limited company as per paragraph 9.8 of Appendix FM 1.7 and Paragraph 9 of Appendix FM-SE then, yes, a director, director/employee or employee only of such a company cannot apply under Cat A or B but has to apply under Cat F or G

A Specified Limited Company has _very distinctive criteria _with regard its ownership, shares, and share distribution.


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## Tee2008 (Dec 11, 2015)

Crawford said:


> If a company comes under the description of Specified Limited company as per paragraph 9.8 of Appendix FM 1.7 and Paragraph 9 of Appendix FM-SE then, yes, a director, director/employee or employee only of such a company cannot apply under Cat A or B but has to apply under Cat F or G
> 
> A Specified Limited Company has _very distinctive criteria _with regard its ownership, shares, and share distribution.


That is actually a massive change ? Sponsors must now provide evidence that they don't work for a company owned by a relative, unless it has more than 5 shareholders ? To quote - _Evidence of the type of company must be provided_ ?


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## Crawford (Jan 23, 2011)

Tee2008 said:


> That is actually a massive change ? Sponsors must now provide evidence that they don't work for a company owned by a relative, unless it has more than 5 shareholders ? To quote - _Evidence of the type of company must be provided_ ?


Yes, sponsors must now provide evidence.


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## mobeen87 (Mar 7, 2017)

But if the business is not a limited company and its sole trader business of relative and a person is working as employee than what r requirements,offcource I can not provide company tax return because its not a company.


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## Hibz931 (Mar 4, 2019)

You will definatley be refused on these grounds just as I have just this morning. I have been searching for something like this on forums and have just come across this issue now. It was not something I saw in most cases at all so I am assuming it is a recent change. Apparently you do have to provide a vast amount of evidence if you're employed and your circumstances you are related to the director of the company. The weird thing is out of a long list of requirements they wanted they only wrote the basis of refusal on two documents 

EC-P.1.1(d)- diviends vouchers and bank statements showing these diviends..i have absolutely no idea what they're referring to as I don't receive any share from the business and am only an employee 

If anyone has further information, it would be greatly welcomed


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## Tee2008 (Dec 11, 2015)

Hibz931 said:


> You will definatley be refused on these grounds just as I have just this morning. I have been searching for something like this on forums and have just come across this issue now. It was not something I saw in most cases at all so I am assuming it is a recent change. Apparently you do have to provide a vast amount of evidence if you're employed and your circumstances you are related to the director of the company. The weird thing is out of a long list of requirements they wanted they only wrote the basis of refusal on two documents
> 
> EC-P.1.1(d)- diviends vouchers and bank statements showing these diviends..i have absolutely no idea what they're referring to as I don't receive any share from the business and am only an employee
> 
> If anyone has further information, it would be greatly welcomed


They are saying that you cannot be treated as a salaried employee (Category A or B). Maybe you will need to become a shareholder in the family business, then qualify on dividends (of at least 18,600 GBP) with bank statements showing the dividends paid into your personal bank account. You could then qualify with non-employment income.


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## mobeen87 (Mar 7, 2017)

Can i ask what is the structure of ur business?is it a limited company?cause change inn rule apply to director or employee of limited company?our business structure is soletrader my sister recently got visa as an employee.we explained in a covering letter about business structure as solicitor advised us.it was same day appointment flrm.


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## mobeen87 (Mar 7, 2017)

If business structure is not a limited company thn u can successfully appeal about this.cause if u do some research on business structure u will came to know that sole trader partnership and limited company r totally different structure company pay tax by Ct600 which is one of required document.for employee of limited company.sole trader business or partnership pay tax by self assesment.in financial requirement guidance its clearly stated director or employee of limited company.hope it helps


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