UK Spouse VISA Director/Employee?

[hickpaul]

Hi All

Looking for some advice and opinions as to what best to do.

I’m from the UK and married my Thai girlfriend last week in BKK. We’ve been together for three years, I’ve lived in Thailand and had an ED VISA and she has had 2 UK general visitor VISA’s. She’s also recently been refused 2 UK general visitor VISA’s on the basis that’s she’s trying to circumnavigate (fair play I suppose no matter how frustrating this is for us). We’d like to secure a spouse VISA and she has recently passed her English test.

I have been owner/director of my UK Ltd company for the last 8 years and I am also director of another business which is about 9 months old. I am employed by the business (PAYE) and draw £12k pa with the rest in dividends.

Since the GV VISA refusals, I recently up’d my salary to £25k on the basis that this is more than enough to act as a sponsor for a spouse VISA.

I took advice and was informed that I can either act as a sponsor as a “company owner/director” or “an employee”. Not sure how true this is as I’ve taken further advice and was informed that FULL documentation for both will need to be presented??

Long story short, our company accountant had some health issues not so long ago and left the company books in quite a state. Although financially sound, its proving costly, time consuming and very difficult to get things looking prim and proper so I would much prefer not to have to delve in to the company archives for information.

No problem providing bank account statements (both personal and business) and showing that my dividends have been consistent for many years and well in advance of the minimum requirements.

At this stage, my thought process is to wait until December when I can evidence 6 moths of £25k (PAYE) and act as a sponsor as a full time employee.

I would really appreciate any advice and thoughts on this as I don’t want to leave it until December if I don’t have to, and even then, I know to know that I am doing the right thing!

Many many thanks

Paul

[ThaiVisaExpress]

You will have to provide all of the required evidence ( that is, documentation) that is required for self-employed directors of a limited company. You cannot use the second company until you have a full company tax year's documentation to submit. However, if you meet the financial requirement from the first company, them you should be okay. You seem to say that you can do this from dividends alone, so that should be okay.

However, the UKVI will require all of the specified documentation. Your accountant's health issues will not be accepted as a reason not to provide the, as the UKVI will just expect you to use another accountant to provide the evidence.

Although you are now married, be aware that ( you have said that 2 visit visas have been refused on the grounds you/ your wife were attempting to circumnavigate the immigration rules) the UKVI might consider that you have married only to get your wife into the UK. You will need to demonstrate that this is a genuine and subsisting relationship, and that it is your intention to live together in the UK. The application could still be refused if the ECO is not satisfied that this is so.

Immigration_Directorate_Instruction_Appendix_FM_1_7_Financial_Requirement_August_2015.pdf

Tony M

[hickpaul]

Tony

Thanks for your prompt reply.

To clarify, I was perhaps being a little short re the reason for the GV refusals. There are a few reasons inc us not supplying enough info first time round, her work/financial circumstances not quite adding up (as I fully support her), and the fact that she stayed 5 months on her last GV VISA when we initially said it would only be a couple of weeks (catch 22 as if we'd have said it was for 5 months it would have been a no!)

I feel we can clearly evidence how genuine our relationship is (trips, joint rental agreements, time together, photo's, engagement party etc) and, we have made our intention to marry very clear in previous successful and unsuccessful applications (even had family from UK come over for wedding).

So in your opinion is it worth me making a start ASAP, or waiting until I have clocked up 6 months of pay slips at £25k and we have been married for 4 months?

(do you do this kind of thing for a living or are you just offering friendly advice? I would be happy to discuss using your services you see...)

Many thanks

Paul

[ThaiVisaExpress]

Tony

Thanks for your prompt reply.

To clarify, I was perhaps being a little short re the reason for the GV refusals. There are a few reasons inc us not supplying enough info first time round, her work/financial circumstances not quite adding up (as I fully support her), and the fact that she stayed 5 months on her last GV VISA when we initially said it would only be a couple of weeks (catch 22 as if we'd have said it was for 5 months it would have been a no!)

I feel we can clearly evidence how genuine our relationship is (trips, joint rental agreements, time together, photo's, engagement party etc) and, we have made our intention to marry very clear in previous successful and unsuccessful applications (even had family from UK come over for wedding).

So in your opinion is it worth me making a start ASAP, or waiting until I have clocked up 6 months of pay slips at £25k and we have been married for 4 months?

(do you do this kind of thing for a living or are you just offering friendly advice? I would be happy to discuss using your services you see...)

Many thanks

Paul

Thai Visa Express are forum sponsors. If you click on the avatar, or ad, you can get contact details. Initial consultation is free, and you can take it from there.

Tony M