Is my mothers company a specified company? UK visa to live in UK for Thai partner

[jamesmacleod]

How good are you at reading legal jargon?

 

I am trying to establish if I have to provide lots of complicated details which would see my partner arriving in 2.5 years’ time rather than next April, the question is if my mothers company is a specified ltd company or not. If my mothers Company is not a specified ltd company then my partner can come in 9 months’ time. My mother is a sole director and 100% shareholder, please read the following carefully to see what you think about it.

 

(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.

 

One immigration expert says I am okay and my mothers company is not a specified company, and one says my mothers company is a specified company.

 

Even one experts who has qualifications to know this stuff struggle to understand the rules regarding this it seems (or at least one does and one doesn't lol)…..

 

(ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner:

 

Any thoughts? (The next quote I have for legal advice is £300 and I don’t want to pay any more on this so open thoughts on this would be handy please,

J x

[rasg]

Do you work for your mother or is it your intention to use her as your partner's sponsor?

[jamesmacleod]

I am an employee ?

[rasg]

As long as you are an employee, have an income above £18.600 pa and pay your income tax and get payslips like anybody else why do you need to mention that you work for your mother's company?

[jamesmacleod]

Hi,

The home office generally know everything when it comes to this and I am doubtful I will get away without mentioning who my boss is.... however the wording above may mean I qualify without needing to show company account etc, but two immigration advisers say 2 different things on this subject sadly and i am unsure if I can go down the employee route or if I need to go down the financial company year end proof as well route.

 

?

[Mattd]

On 6/4/2018 at 4:56 AM, jamesmacleod said:

(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.

The wording isn't perfect, however, if you take it at face value, I THINK it is saying it is a specified Limited company, unfortunately.

 

The way I read it, all three conditions must gel and they do, as the wording is and, not and/or.

 

(i) - You are an employee AND

(ii) - The company shares are held by your Mother (Parent) AND

(iii) Your Mother holds all the shares, so fewer than five other shareholders.

 

I'm no expert though, so hopefully wrong.

[jamesmacleod]

I read it the same way as you as well sadly, looks like i'm waiting longer than I thought na

 

thank you for your input

[jamesmacleod]

in appendix 1.7 it say the following (which I read one of two ways)

 

9.7. Director or employee of a specified limited company in the UK – requirements

 

9.7.1. A limited company is owned by its shareholders. Where such a shareholder is also a director or other employee of the company, they may be paid a salary and receive dividends, which can generally be counted, as appropriate, as employment or nonemployment income under Category A, Category B or Category C. However, if the company is of the type specified in paragraph 9(a) of Appendix FM-SE, the person’s income must instead be considered under Category F or Category G. This is because in a company in sole or limited family ownership there is scope for doubt as to the effective control of the company, as the person is either a director or employee (or both) and a shareholder or the other shareholders are family members of that person. In that case, instead of the employment evidence in Category A or Category B or the dividend evidence in Category C, we need the evidence about the operation of the company required under Category F or Category G.

[tonyk]

You have left out the most important point in your quote of the Rules. The first paragraph clearly states

 

'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).