Immigration Rules
Immigration Rules: Immigration Rules Appendix Fm Se Family Members Specified Evidence
gov.uk change note: Updated to reflect Statement of Changes HC 1691
Headline
The Immigration Rules Appendix FM-SE (Family Members Specified Evidence) has been reformatted using bullet points throughout, changing the visual presentation without altering the substantive legal requirements.
Changes in detail
- Entire document formatting — All numbered and lettered paragraph structures have been converted to bullet point format. The substantive content of each provision remains identical, but the visual presentation has changed from alphanumeric numbering (e.g., "A.", "1.", "(a)", "(i)") to bullet points ("- A.", "- 1.", "- (a)", "- (i)").
Practical implications
This is purely a formatting change with no practical impact on immigration applications. All evidential requirements for family applications under Appendix FM remain exactly the same. Practitioners should continue to follow the same documentary requirements and procedures as before. The content of legal advice and application preparation remains unchanged.
Administrative changes
The entire document has been reformatted from traditional numbered/lettered paragraph structure to bullet points. This affects approximately 1,200+ lines of text but represents a cosmetic change only - all substantive provisions, requirements, evidential standards, time limits, and procedures remain identical to the previous version.
Diff
@@ -1,70 +1,69 @@ ## Family Members - Specified Evidence - - - -A. This Appendix sets out the specified evidence applicants need to provide to meet the requirements of rules contained in Appendix FM and, where those requirements are also contained in other rules, including Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adult Dependent Relative, Appendix Adoption and Appendix Child Relative (Sponsors with Protection), and Appendix Adoption, and unless otherwise stated, the specified evidence applicants need to provide to meet the requirements of those rules. - -B. Where evidence is not specified by Appendix FM, but is of a type covered by this Appendix, the requirements of this Appendix shall apply. - -C. In this Appendix references to paragraphs are to paragraphs of this Appendix unless the context otherwise requires. - -D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b), (e) or (f) applies. - - -(b) If the applicant: - - -(i) Has submitted: - - -(aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing); - -(bb) A document in the wrong format (for example, if a letter is not on letterhead paper as specified); or - -(cc) DELETED - -(dd) A document which does not contain all of the specified information; or - - - -(ii) Has not submitted a specified document, + + +- A. This Appendix sets out the specified evidence applicants need to provide to meet the requirements of rules contained in Appendix FM and, where those requirements are also contained in other rules, including Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adult Dependent Relative, Appendix Adoption and Appendix Child Relative (Sponsors with Protection), and Appendix Adoption, and unless otherwise stated, the specified evidence applicants need to provide to meet the requirements of those rules. + +- B. Where evidence is not specified by Appendix FM, but is of a type covered by this Appendix, the requirements of this Appendix shall apply. + +- C. In this Appendix references to paragraphs are to paragraphs of this Appendix unless the context otherwise requires. + +- D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b), (e) or (f) applies. + + +- (b) If the applicant: + + +- (i) Has submitted: + + +- (aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing); + +- (bb) A document in the wrong format (for example, if a letter is not on letterhead paper as specified); or + +- (cc) DELETED + +- (dd) A document which does not contain all of the specified information; or + + + +- (ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request. -(c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons. - -(d) If the applicant has submitted: - - -(i) A document in the wrong format; or - -(ii) DELETED - -(iii) A document that does not contain all of the specified information, but the missing information is verifiable from: - - -(1) other documents submitted with the application, - -(2) the website of the organisation which issued the document, or - -(3) the website of the appropriate regulatory body, - - - - - -the application may be granted exceptionally, providing the decision-maker is satisfied that the document(s) is genuine and that the applicant meets the requirement to which the document relates. - -(e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant. - -(f) Before making a decision under Appendix FM or this Appendix, the decision-maker may contact the applicant or their representative in writing or otherwise to request further information or documents. The material requested must be received at the address specified in the request within a reasonable timescale specified in the request. - - - -E. A reference in this Appendix to the provision of evidence from a UK government department includes evidence from a body performing an equivalent function to such a department. +- (c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons. + +- (d) If the applicant has submitted: + + +- (i) A document in the wrong format; or + +- (ii) DELETED + +- (iii) A document that does not contain all of the specified information, but the missing information is verifiable from: + + +- (1) other documents submitted with the application, + +- (2) the website of the organisation which issued the document, or + +- (3) the website of the appropriate regulatory body, + + + + + +- the application may be granted exceptionally, providing the decision-maker is satisfied that the document(s) is genuine and that the applicant meets the requirement to which the document relates. + +- (e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant. + +- (f) Before making a decision under Appendix FM or this Appendix, the decision-maker may contact the applicant or their representative in writing or otherwise to request further information or documents. The material requested must be received at the address specified in the request within a reasonable timescale specified in the request. + + + +- E. A reference in this Appendix to the provision of evidence from a UK government department includes evidence from a body performing an equivalent function to such a department. @@ -73,670 +72,669 @@ ## Evidence of Financial Requirements under Appendix FM - - - -A1. To meet the financial requirement under paragraphs E-ECP.3.1., E-LTRP.3.1., E-LTRP.3.7., E-ECC.2.1., E-ECC.2.5., E-LTRC.2.1. and E-LTRC.2.5. of Appendix FM, the applicant must meet: - - -(a) The level of financial requirement applicable to the application under Appendix FM; and - -(b) The requirements specified in Appendix FM and this Appendix as to: - - -(i) The permitted sources of income and savings; - -(ii) The time periods and permitted combinations of sources applicable to each permitted source relied upon; and - -(iii)The evidence required for each permitted source relied upon. - - - - - -1. In relation to evidencing the financial requirements in Appendix FM, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adult Dependent Relative, Appendix Adoption and Appendix Child Relative (Sponsors with Protection), the following general provisions shall apply: - - -(a) Bank statements must: - - -(i) be from a financial institution to which Appendix Finance applies. - -(ii) DELETED. - -(iii) in relation to personal bank statements be only in the name of: - - -(1) the applicant’s partner, the applicant or both as appropriate; or - -(2) if the applicant is a child the applicant parent’s partner, the applicant’s parent or both as appropriate; or - -(3) if the applicant is an adult dependent relative, the applicant’s sponsor or the applicant, + + +- A1. To meet the financial requirement under paragraphs E-ECP.3.1., E-LTRP.3.1., E-LTRP.3.7., E-ECC.2.1., E-ECC.2.5., E-LTRC.2.1. and E-LTRC.2.5. of Appendix FM, the applicant must meet: + + +- (a) The level of financial requirement applicable to the application under Appendix FM; and + +- (b) The requirements specified in Appendix FM and this Appendix as to: + + +- (i) The permitted sources of income and savings; + +- (ii) The time periods and permitted combinations of sources applicable to each permitted source relied upon; and + +- (iii)The evidence required for each permitted source relied upon. + + + + + +- 1. In relation to evidencing the financial requirements in Appendix FM, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adult Dependent Relative, Appendix Adoption and Appendix Child Relative (Sponsors with Protection), the following general provisions shall apply: + + +- (a) Bank statements must: + + +- (i) be from a financial institution to which Appendix Finance applies. + +- (ii) DELETED. + +- (iii) in relation to personal bank statements be only in the name of: + + +- (1) the applicant’s partner, the applicant or both as appropriate; or + +- (2) if the applicant is a child the applicant parent’s partner, the applicant’s parent or both as appropriate; or + +- (3) if the applicant is an adult dependent relative, the applicant’s sponsor or the applicant, unless otherwise stated. -(iv) cover the period(s) specified. - -(v) be: - - -(1) on official bank stationery; or - -(2) electronic bank statements which are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page. - - - - - -(aa) Where a bank statement is specified in this Appendix, a building society statement, a building society pass book, a letter from the applicant’s bank or building society, or a letter from a financial institution regulated by the Financial Conduct Authority and the Prudential Regulation Authority or, for overseas accounts, the appropriate regulatory body for the country in which the institution operates and the funds are located, may be submitted as an alternative to a bank statement(s) provided that: - - -(1) the requirements in paragraph 1(a)(i)-(iv) are met as if the document were a bank statement; and - -(2) a building society pass book must clearly show: - - -(i) the account number; - -(ii) the building society’s name and logo; and - -(iii) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements; and/or - - - -(3) a letter must be on the headed stationery of the bank, building society or other financial institution and must clearly show: - - -(i) the account number, - -(ii) the date of the letter; - -(iii) the financial institution’s name and logo; and - -(iv) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements. - - - - - -(b) Promises of third party support will not be accepted, except in the limited circumstances set out in paragraph 21A (and to the extent permitted by that paragraph). Existing sources of third party support will be accepted in the form of: - - -(i) payments from a former partner of the applicant for the maintenance of the applicant or any children of the applicant and the former partner, and payments from a former partner of the applicant’s partner for the maintenance of that partner; - -(ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM; - -(iii) gift of cash savings (whose source must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and - -(iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research. - - - -(bb) Payslips must be: - - -(i) formal payslips issued by the employer and showing the employer’s name; or - -(ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic; - - - -(c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits). - -(cc) The income of an applicant or sponsor working in the UK in salaried or non-salaried employment or in self-employment can include income from work undertaken overseas, provided paragraph E-LTRP.1.10 of Appendix FM and the other requirements of this Appendix are met. - -(d) All income and savings must be lawfully derived. - -(e) Savings must be held in cash. - -(f) Income or cash savings in a foreign currency will be converted to pounds sterling using the exchange rate specified in FIN 1.1, FIN 1.2 or FIN 1.3. - -(g) Where there is income or cash savings in different foreign currencies, each will be converted into pounds sterling before being added together, and then added to any UK income or savings to give a total amount. - -(h) DELETED - -(i) Evidence of profit from the sale of a business, property, investment, bond, stocks, shares or other asset will: - - -(i) not be accepted as evidence of income, but - -(ii) the associated funds will be accepted as cash savings subject to the requirements of this Appendix and Appendix FM. - - - -(j) Where any specified documents provided are not in English or Welsh, the applicant must provide document in the original language and a full translation that can be independently verified by the Entry Clearance Officer, Immigration Officer or the Secretary of State. The translation must be dated and include: - - -(i) confirmation that it is an accurate translation of the document; - -(ii) the full name and signature of the translator or an authorised official of the translation company; - -(iii) the translator or translation company’s contact details; and - -(iv) if the applicant is applying for leave to remain or indefinite leave to remain, certification by a qualified translator and details of the translator or translation company’s credentials. - - - -(k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement. - -(l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application. - -(m) Cash income on which the correct tax has been paid may be counted as income under this Appendix, subject to the relevant evidential requirements of this Appendix. - -(n) The gross amount of any cash income may be counted where the person’s specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amount shown on the specified bank statements may be counted. - -(o) In this Appendix, a reference to the “average” is a reference to the mean average. - - - -2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: - - -(a) Payslips covering: - - -(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or - -(ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person. - - - -(b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming: - - -(i) the person’s employment and gross annual salary; - -(ii) the length of their employment; - -(iii) the period over which they have been or were paid the level of salary relied upon in the application; and - -(iv) the type of employment (permanent, fixed-term contract or agency). - - - -(c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. - -(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 a company of the type specified in paragraph 9(a), is paid a fee instead of a salary, this income may be treated and evidenced as though it were income received for employment in that capacity. - - - -2A. (i) In respect of salaried employment in the UK (paragraph 2 of this Appendix), statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), or a director’s salary paid to a self-employed person (paragraph 9 of this Appendix), the applicant may, in addition to the payslips and personal bank statements required under that paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued). If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix. - -(ii) In respect of salaried employment in the UK (paragraph 2 of this Appendix), or statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), the applicant may, in addition to the letter from the employer(s) required under that paragraph, submit a signed contract of employment. If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix. - -3. In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2 and (where relevant) paragraph 2A. In respect of an equity partner whose income from the partnership is treated as salaried employment under paragraph 17, the payslips and employer’s letter referred to in paragraph 2 may be replaced by other evidence providing the relevant information in paragraph 2 (which may include, but is not confined to, a letter on official stationery from an accountant, solicitor or business manager acting for the partnership). - -4. In respect of a job offer in the UK (for an applicant’s partner or parent’s partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided: - - -(a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or - -(b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK. - - - -5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided: - - -(a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. - -(b) Payslips covering: - - -(i) a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or - -(ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)). - - - -(c) A letter from the employer confirming: - - -(i) the length of the person’s employment; - -(ii) the gross annual salary and the period over which it has been paid at this level; - -(iii) the entitlement to maternity, paternity, parental or adoption leave; and - -(iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave. - - - - - -6. In respect of statutory or contractual sick pay in the UK all of the following must be provided: - - -(a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 6(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. - -(b) Payslips covering: - - -(i) a period of 6 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or, - -(ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)). - - - -(c) A letter from employer confirming: - - -(i) the length of the person’s employment; - -(ii) the gross annual salary and the period over which it has been paid at this level; - -(iii) that the person is in receipt of statutory or contractual sick pay; and - -(iv) the date of commencement of the sick leave. - - - - - -7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided: - - -(a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year. - -(b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years): - - -(i) annual self-assessment tax return to HMRC (a copy or print-out); and - -(ii) Statement of Account (SA300 or SA302). - - - -(c) Proof of registration with HMRC as self-employed if available. - -(d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. - -(e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). - -(f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. - -(g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company. - -(h) One of the following documents must also be submitted: - - -(i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or - -(bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians; - -(ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year; - -(iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or - -(iv) A franchise agreement signed by both parties. - - - -(i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise. - - - -8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7. - -8A. In respect of prospective self-employment in the UK (for an applicant’s partner or parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of Appendix FM, is in self-employment outside the UK at the date of application and is returning to the UK to continue that self-employment), one of the following must be provided, with a starting date within three months of the person’s return to the UK: - - -(a) An application to the appropriate authority for a licence to trade; - -(b) Details of the purchase or rental of business premises; - -(c) A signed employment contract or a signed contract for the provision of services; or - -(d) A partnership or franchise agreement signed by the relevant parties to the agreement. - - - -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). - - -(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. - - - -(b) All of the following must be provided: - - -(i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC. - -(ii) Evidence of registration with the Registrar of Companies at Companies House. - -(iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year. - -(iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians. - -(v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600. - -(vi) DELETED - -(vii) One of the following documents must also be provided: - - -(1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year. - -(2) Proof of ownership or lease of business premises. - -(3) Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC. - - - - - -(c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided: - - -(i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600. - -(ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly. - - - -(d) Where the person receives dividends from the company, all of the following documents must also be provided: - - -(i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount. - -(ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly. - - - -(e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company. - - - -10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided: - - -(a) To evidence property rental income: - - -(i) Confirmation that the person or the person and their partner jointly own the property for which the rental income is received, through: - - -(1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or - -(2) A mortgage statement. - - - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or of the person and their partner jointly. - -(iii) A rental agreement or contract. - - - -(b) To evidence dividends (except where paragraph 9 applies) or other income from investments, stocks, shares, bonds or trust funds: - - -(i) A certificate showing proof of ownership and the amount(s) of any investment(s). - -(ii) A portfolio report (for a financial institution regulated by the Financial Conduct Authority (and the Prudential Regulation Authority where applicable) in the UK) or a dividend voucher showing the company and person’s details with the person’s net dividend amount. - -(iii) personal bank statements for or from the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly. - -(iv) 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. - - - -(c) To evidence interest from savings: - - -(i) personal bank statements for or from the 12-month period prior to the date of application showing the amount of the savings held and that the interest was paid into an account in the name of the person or of the person and their partner jointly. - - - -(d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner): - - -(i) Evidence of a maintenance agreement through any of the following: - - -(1) A court order; - -(2) Written voluntary agreement; or - -(3) Child Support Agency documentation. - - - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or the person and their partner jointly. - - - -(e) To evidence a pension: - - -(i) Official documentation from: - - -(1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency; - -(2) An overseas pension authority; or - -(3) A pension company, - -confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund). - - - -(ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account. - -(iii) For the purposes of sub-paragraph (i), War Disablement Pension, War Widow’s/Widower’s Pension and any other pension or equivalent payment for life made under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme may be treated as a pension, unless excluded under paragraph 21 of this Appendix. - - - -(f) To evidence UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance: - - -(i) Department for Work and Pensions documentation confirming the person or their partner is or was in receipt of the benefit in the 12-month period prior to the date of application. - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account. - - - -(ff) Subject to paragraph 12, to evidence payments under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme which are not treated as a pension for the purposes of paragraph 10(e)(i): - - -(i) Veterans Agency or Department for Work and Pensions documentation in the form of an award notification letter confirming the person or their partner is or was in receipt of the payment at the date of application. - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account. - - - -(g) To evidence a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research: - - -(i) Documentation from the body or company awarding the grant or stipend confirming that the person is currently in receipt of the grant or stipend or will be within 3 months of the date of application, confirming that the grant or stipend will be paid for a period of at least 12 months or for at least one full academic year from the date of application or from the date on which payment of the grant or stipend will commence, and confirming the annual amount of the grant or stipend. Where the grant or stipend is or will be paid on a tax-free basis, the amount of the gross equivalent may be counted as income under this Appendix. - -(ii) personal bank statements for any part of the 12-month period prior to the date of the application during which the person has been in receipt of the grant or stipend showing the income was paid into the person’s account. - - - -(h) To evidence ongoing insurance payments (such as, but not exclusively, payments received under an income protection policy): - - -(i) documentation from the insurance company confirming: - -(a) that in the 12 months prior to the date of application the person has been in receipt of insurance payments and the amount and frequency of the payments. - -(b) the reason for the payments and their expected duration. - -(c) that, provided any relevant terms and conditions continue to be met, the payment(s) will continue for at least the 12 months following the date of application. - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the insurance payments were paid into the person’s account. - - - -(i) To evidence ongoing payments (other than maintenance payments under paragraph 10(d)) arising from a structured legal settlement (such as, but not exclusively, one arising from settlement of a personal injury claim): - - -(i) documentation from a court or the person’s legal representative confirming: - -(a) that in the 12 months prior to the date of application the person has been in receipt of structured legal settlement payments and the amount and frequency of those payments. - -(b) the reason for the payments and their expected duration. - -(c) that the payment(s) will continue for at least the 12 months following the date of application. - -(ii) personal bank statements for or from the 12-month period prior to the date of application showing the payments were paid into the person’s account, either directly or via the person’s legal representative. - - - - - -11. In respect of cash savings the following must be provided: - - -(a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application. - -(b) A declaration by the account holder(s) of the source(s) of the cash savings. - - - -11A. In respect of cash savings: - - -(a) The savings may be held in any form of bank/savings account (whether a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating), provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn. - -(b) Paid out competition winnings or a legacy which has been paid can contribute to cash savings. - -(c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that: - - -(i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application. - -(ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. - -(iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds. - -(iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a). - - - -(d) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property, in the form only of a dwelling, other building or land, which took place within the period of 6 months prior to the date of application, provided that: - - -(i) The property (or relevant share of the property) was owned at the beginning of the period of 6 months prior to the date of application and at the date of sale by the applicant, their partner or both jointly. - -(ii) Where ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted. - -(iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid. - -(iv) The decision-maker is satisfied that the requirements in sub-paragraphs (i)-(iii) are met on the basis of information and documents submitted in support of the application. These may include for example: - - -(1) Registration information or documentation (or a copy of this) from the Land Registry (or overseas equivalent). - -(2) A letter from a solicitor (or other relevant professional, if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information. - -(3) A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property. - -(4) Confirmation of payment of taxes or professional fees associated with the sale. - -(5) Any other relevant evidence that the requirements in subparagraphs (i)-(iii) are met. - - - -(v) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months mentioned in paragraph 11(a) will be reduced by the amount of time which passed between the start of that 6-month period and the deposit of the proceeds of the sale in an account mentioned in paragraph 11(a). - - - - - -12. Where a person is in receipt of: - - -(a) Disability Living Allowance; or - -(b) Severe Disablement Allowance; or - -(c) Industrial Injuries Disablement Benefit; or - -(d) Attendance Allowance; or - -(e) Carer’s Allowance; or - -(f) Personal Independence Payment; or - -(g) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or - -(h) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or - -(i) Police Injury Pension; or - -(j) Child Disability Payment (Scotland); or - -(k) Adult Disability Payment (Scotland): or - -(l) Carer’s Support Payment (Scotland); or - -(m) Pension Age Disability Payment (Scotland); or - -(n) Scottish Adult Disability Living Allowance (Scotland), - - - -the following must be provided: - - -(i) official documentation from the Department for Work and Pensions, Social Security Scotland, Veterans Agency or Police Pension Authority (as the case may be), confirming the current entitlement and the amount currently received; - -and - -(ii) at least one personal bank statement from the 12-month period immediately before the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account. - - - -12A. Where the financial requirement the applicant must meet under Appendix FM or under Appendix Adult Dependent Relative, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adoption or Appendix Child Relative (Sponsors with Protection), relates to adequate maintenance, paragraphs 2 to 12 apply only to the extent and in the manner specified by this paragraph. Where such a financial requirement applies, the applicant must provide the following evidence: - - -(a) Where the current salaried employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor is relied upon: - - -(i) A letter from the employer confirming the employment, the gross annual salary and the annual salary after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency). - -(ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held. - -(iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. - - - -(b) Where statutory or contractual maternity, paternity, adoption or sick pay in the UK of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraph 5(b)(i) and (c) or paragraph 6(b)(i) and (c) apply as appropriate. - -(c) Where self-employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor, or income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies, is relied upon, paragraph 7 or 9 applies as appropriate. - -(d) Where the non-employment income of the applicant or their partner, parent, parent’s partner or sponsor is relied upon, paragraph 10 applies and paragraph 10(f) shall apply as if it referred to any UK welfare benefit or tax credit relied upon and to HMRC as well as Department for Work and Pensions or other official documentation. - -(e) Where the cash savings of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraphs 11 and 11A apply. - -(f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted. - -(g) Where the applicant is an adult dependent relative the applicant must in addition provide details of the care arrangements in the UK planned for them by their sponsor (which can involve other family members in the UK), of the cost of these arrangements and of how that cost will be met by the sponsor. - - - -12B. Where the financial requirement an applicant must meet under Part 8 (excluding an applicant who is a family member of a Relevant Points Based System Migrant), under Appendix FM or under Appendix Adult Dependent Relative, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adoption or Appendix Child Relative (Sponsors with Protection), relates to adequate maintenance and where cash savings are relied upon to meet the requirement in full or in part, the decision-maker will: - - -(a) Establish the total cash savings which meet the requirements of paragraphs 11 and 11A; - -(b) Divide this figure by the number of weeks of limited leave which would be issued if the application were granted, or by 52 if the application is for indefinite leave to enter or remain; - -(c) Add the figure in sub-paragraph 12B(b) to the weekly net income (before the deduction of housing costs) available to meet the requirement. +- (iv) cover the period(s) specified. + +- (v) be: + + +- (1) on official bank stationery; or + +- (2) electronic bank statements which are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page. + + + + + +- (aa) Where a bank statement is specified in this Appendix, a building society statement, a building society pass book, a letter from the applicant’s bank or building society, or a letter from a financial institution regulated by the Financial Conduct Authority and the Prudential Regulation Authority or, for overseas accounts, the appropriate regulatory body for the country in which the institution operates and the funds are located, may be submitted as an alternative to a bank statement(s) provided that: + + +- (1) the requirements in paragraph 1(a)(i)-(iv) are met as if the document were a bank statement; and + +- (2) a building society pass book must clearly show: + + +- (i) the account number; + +- (ii) the building society’s name and logo; and + +- (iii) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements; and/or + + + +- (3) a letter must be on the headed stationery of the bank, building society or other financial institution and must clearly show: + + +- (i) the account number, + +- (ii) the date of the letter; + +- (iii) the financial institution’s name and logo; and + +- (iv) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements. + + + + + +- (b) Promises of third party support will not be accepted, except in the limited circumstances set out in paragraph 21A (and to the extent permitted by that paragraph). Existing sources of third party support will be accepted in the form of: + + +- (i) payments from a former partner of the applicant for the maintenance of the applicant or any children of the applicant and the former partner, and payments from a former partner of the applicant’s partner for the maintenance of that partner; + +- (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM; + +- (iii) gift of cash savings (whose source must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and + +- (iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research. + + + +- (bb) Payslips must be: + + +- (i) formal payslips issued by the employer and showing the employer’s name; or + +- (ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic; + + + +- (c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits). + +- (cc) The income of an applicant or sponsor working in the UK in salaried or non-salaried employment or in self-employment can include income from work undertaken overseas, provided paragraph E-LTRP.1.10 of Appendix FM and the other requirements of this Appendix are met. + +- (d) All income and savings must be lawfully derived. + +- (e) Savings must be held in cash. + +- (f) Income or cash savings in a foreign currency will be converted to pounds sterling using the exchange rate specified in FIN 1.1, FIN 1.2 or FIN 1.3. + +- (g) Where there is income or cash savings in different foreign currencies, each will be converted into pounds sterling before being added together, and then added to any UK income or savings to give a total amount. + +- (h) DELETED + +- (i) Evidence of profit from the sale of a business, property, investment, bond, stocks, shares or other asset will: + + +- (i) not be accepted as evidence of income, but + +- (ii) the associated funds will be accepted as cash savings subject to the requirements of this Appendix and Appendix FM. + + + +- (j) Where any specified documents provided are not in English or Welsh, the applicant must provide document in the original language and a full translation that can be independently verified by the Entry Clearance Officer, Immigration Officer or the Secretary of State. The translation must be dated and include: + + +- (i) confirmation that it is an accurate translation of the document; + +- (ii) the full name and signature of the translator or an authorised official of the translation company; + +- (iii) the translator or translation company’s contact details; and + +- (iv) if the applicant is applying for leave to remain or indefinite leave to remain, certification by a qualified translator and details of the translator or translation company’s credentials. + + + +- (k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement. + +- (l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application. + +- (m) Cash income on which the correct tax has been paid may be counted as income under this Appendix, subject to the relevant evidential requirements of this Appendix. + +- (n) The gross amount of any cash income may be counted where the person’s specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amount shown on the specified bank statements may be counted. + +- (o) In this Appendix, a reference to the “average” is a reference to the mean average. + + + +- 2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided: + + +- (a) Payslips covering: + + +- (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or + +- (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person. + + + +- (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming: + + +- (i) the person’s employment and gross annual salary; + +- (ii) the length of their employment; + +- (iii) the period over which they have been or were paid the level of salary relied upon in the application; and + +- (iv) the type of employment (permanent, fixed-term contract or agency). + + + +- (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. + +- (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 a company of the type specified in paragraph 9(a), is paid a fee instead of a salary, this income may be treated and evidenced as though it were income received for employment in that capacity. + + + +- 2A. (i) In respect of salaried employment in the UK (paragraph 2 of this Appendix), statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), or a director’s salary paid to a self-employed person (paragraph 9 of this Appendix), the applicant may, in addition to the payslips and personal bank statements required under that paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued). If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix. + +- (ii) In respect of salaried employment in the UK (paragraph 2 of this Appendix), or statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), the applicant may, in addition to the letter from the employer(s) required under that paragraph, submit a signed contract of employment. If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix. + +- 3. In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2 and (where relevant) paragraph 2A. In respect of an equity partner whose income from the partnership is treated as salaried employment under paragraph 17, the payslips and employer’s letter referred to in paragraph 2 may be replaced by other evidence providing the relevant information in paragraph 2 (which may include, but is not confined to, a letter on official stationery from an accountant, solicitor or business manager acting for the partnership). + +- 4. In respect of a job offer in the UK (for an applicant’s partner or parent’s partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided: + + +- (a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or + +- (b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK. + + + +- 5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided: + + +- (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. + +- (b) Payslips covering: + + +- (i) a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or + +- (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)). + + + +- (c) A letter from the employer confirming: + + +- (i) the length of the person’s employment; + +- (ii) the gross annual salary and the period over which it has been paid at this level; + +- (iii) the entitlement to maternity, paternity, parental or adoption leave; and + +- (iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave. + + + + + +- 6. In respect of statutory or contractual sick pay in the UK all of the following must be provided: + + +- (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 6(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. + +- (b) Payslips covering: + + +- (i) a period of 6 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or, + +- (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)). + + + +- (c) A letter from employer confirming: + + +- (i) the length of the person’s employment; + +- (ii) the gross annual salary and the period over which it has been paid at this level; + +- (iii) that the person is in receipt of statutory or contractual sick pay; and + +- (iv) the date of commencement of the sick leave. + + + + + +- 7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided: + + +- (a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year. + +- (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years): + + +- (i) annual self-assessment tax return to HMRC (a copy or print-out); and + +- (ii) Statement of Account (SA300 or SA302). + + + +- (c) Proof of registration with HMRC as self-employed if available. + +- (d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business. + +- (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s). + +- (f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly. + +- (g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company. + +- (h) One of the following documents must also be submitted: + + +- (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or + +- (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians; + +- (ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year; + +- (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or + +- (iv) A franchise agreement signed by both parties. + + + +- (i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise. + + + +- 8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7. + +- 8A. In respect of prospective self-employment in the UK (for an applicant’s partner or parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of Appendix FM, is in self-employment outside the UK at the date of application and is returning to the UK to continue that self-employment), one of the following must be provided, with a starting date within three months of the person’s return to the UK: + + +- (a) An application to the appropriate authority for a licence to trade; + +- (b) Details of the purchase or rental of business premises; + +- (c) A signed employment contract or a signed contract for the provision of services; or + +- (d) A partnership or franchise agreement signed by the relevant parties to the agreement. + + + +- 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). + + +- (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. + + + +- (b) All of the following must be provided: + + +- (i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC. + +- (ii) Evidence of registration with the Registrar of Companies at Companies House. + +- (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year. + +- (iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants, The Association of Authorised Public Accountants, The Chartered Institute of Public Finance and Accountancy, The Chartered Institute of Management Accountants, the Association of International Accountants and The Association of Accounting Technicians. + +- (v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600. + +- (vi) DELETED + +- (vii) One of the following documents must also be provided: + + +- (1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year. + +- (2) Proof of ownership or lease of business premises. + +- (3) Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC. + + + + + +- (c) Where the person is either listed as a director of the company, or is an employee of the company, or both, and receives a salary from the company, all of the following documents must also be provided: + + +- (i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600. + +- (ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly. + + + +- (d) Where the person receives dividends from the company, all of the following documents must also be provided: + + +- (i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount. + +- (ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly. + + + +- (e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director or other employee of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director or employee of the company (or both) (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company. + + + +- 10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided: + + +- (a) To evidence property rental income: + + +- (i) Confirmation that the person or the person and their partner jointly own the property for which the rental income is received, through: + + +- (1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or + +- (2) A mortgage statement. + + + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or of the person and their partner jointly. + +- (iii) A rental agreement or contract. + + + +- (b) To evidence dividends (except where paragraph 9 applies) or other income from investments, stocks, shares, bonds or trust funds: + + +- (i) A certificate showing proof of ownership and the amount(s) of any investment(s). + +- (ii) A portfolio report (for a financial institution regulated by the Financial Conduct Authority (and the Prudential Regulation Authority where applicable) in the UK) or a dividend voucher showing the company and person’s details with the person’s net dividend amount. + +- (iii) personal bank statements for or from the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly. + +- (iv) 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. + + + +- (c) To evidence interest from savings: + + +- (i) personal bank statements for or from the 12-month period prior to the date of application showing the amount of the savings held and that the interest was paid into an account in the name of the person or of the person and their partner jointly. + + + +- (d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner): + + +- (i) Evidence of a maintenance agreement through any of the following: + + +- (1) A court order; + +- (2) Written voluntary agreement; or + +- (3) Child Support Agency documentation. + + + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or the person and their partner jointly. + + + +- (e) To evidence a pension: + + +- (i) Official documentation from: + + +- (1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency; + +- (2) An overseas pension authority; or + +- (3) A pension company, + +- confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund). + + + +- (ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account. + +- (iii) For the purposes of sub-paragraph (i), War Disablement Pension, War Widow’s/Widower’s Pension and any other pension or equivalent payment for life made under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme may be treated as a pension, unless excluded under paragraph 21 of this Appendix. + + + +- (f) To evidence UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance: + + +- (i) Department for Work and Pensions documentation confirming the person or their partner is or was in receipt of the benefit in the 12-month period prior to the date of application. + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account. + + + +- (ff) Subject to paragraph 12, to evidence payments under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme which are not treated as a pension for the purposes of paragraph 10(e)(i): + + +- (i) Veterans Agency or Department for Work and Pensions documentation in the form of an award notification letter confirming the person or their partner is or was in receipt of the payment at the date of application. + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account. + + + +- (g) To evidence a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research: + + +- (i) Documentation from the body or company awarding the grant or stipend confirming that the person is currently in receipt of the grant or stipend or will be within 3 months of the date of application, confirming that the grant or stipend will be paid for a period of at least 12 months or for at least one full academic year from the date of application or from the date on which payment of the grant or stipend will commence, and confirming the annual amount of the grant or stipend. Where the grant or stipend is or will be paid on a tax-free basis, the amount of the gross equivalent may be counted as income under this Appendix. + +- (ii) personal bank statements for any part of the 12-month period prior to the date of the application during which the person has been in receipt of the grant or stipend showing the income was paid into the person’s account. + + + +- (h) To evidence ongoing insurance payments (such as, but not exclusively, payments received under an income protection policy): + + +- (i) documentation from the insurance company confirming: + +- (a) that in the 12 months prior to the date of application the person has been in receipt of insurance payments and the amount and frequency of the payments. + +- (b) the reason for the payments and their expected duration. + +- (c) that, provided any relevant terms and conditions continue to be met, the payment(s) will continue for at least the 12 months following the date of application. + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the insurance payments were paid into the person’s account. + + + +- (i) To evidence ongoing payments (other than maintenance payments under paragraph 10(d)) arising from a structured legal settlement (such as, but not exclusively, one arising from settlement of a personal injury claim): + + +- (i) documentation from a court or the person’s legal representative confirming: + +- (a) that in the 12 months prior to the date of application the person has been in receipt of structured legal settlement payments and the amount and frequency of those payments. + +- (b) the reason for the payments and their expected duration. + +- (c) that the payment(s) will continue for at least the 12 months following the date of application. + +- (ii) personal bank statements for or from the 12-month period prior to the date of application showing the payments were paid into the person’s account, either directly or via the person’s legal representative. + + + + + +- 11. In respect of cash savings the following must be provided: + + +- (a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application. + +- (b) A declaration by the account holder(s) of the source(s) of the cash savings. + + + +- 11A. In respect of cash savings: + + +- (a) The savings may be held in any form of bank/savings account (whether a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating), provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn. + +- (b) Paid out competition winnings or a legacy which has been paid can contribute to cash savings. + +- (c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that: + + +- (i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application. + +- (ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. + +- (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds. + +- (iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a). + + + +- (d) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property, in the form only of a dwelling, other building or land, which took place within the period of 6 months prior to the date of application, provided that: + + +- (i) The property (or relevant share of the property) was owned at the beginning of the period of 6 months prior to the date of application and at the date of sale by the applicant, their partner or both jointly. + +- (ii) Where ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted. + +- (iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid. + +- (iv) The decision-maker is satisfied that the requirements in sub-paragraphs (i)-(iii) are met on the basis of information and documents submitted in support of the application. These may include for example: + + +- (1) Registration information or documentation (or a copy of this) from the Land Registry (or overseas equivalent). + +- (2) A letter from a solicitor (or other relevant professional, if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information. + +- (3) A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property. + +- (4) Confirmation of payment of taxes or professional fees associated with the sale. + +- (5) Any other relevant evidence that the requirements in subparagraphs (i)-(iii) are met. + + + +- (v) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months mentioned in paragraph 11(a) will be reduced by the amount of time which passed between the start of that 6-month period and the deposit of the proceeds of the sale in an account mentioned in paragraph 11(a). + + + + + +- 12. Where a person is in receipt of: + + +- (a) Disability Living Allowance; or + +- (b) Severe Disablement Allowance; or + +- (c) Industrial Injuries Disablement Benefit; or + +- (d) Attendance Allowance; or + +- (e) Carer’s Allowance; or + +- (f) Personal Independence Payment; or + +- (g) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or + +- (h) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or + +- (i) Police Injury Pension; or + +- (j) Child Disability Payment (Scotland); or + +- (k) Adult Disability Payment (Scotland): or + +- (l) Carer’s Support Payment (Scotland); or + +- (m) Pension Age Disability Payment (Scotland); or + +- (n) Scottish Adult Disability Living Allowance (Scotland), + + + +- the following must be provided: + + +- (i) official documentation from the Department for Work and Pensions, Social Security Scotland, Veterans Agency or Police Pension Authority (as the case may be), confirming the current entitlement and the amount currently received; + +- and + +- (ii) at least one personal bank statement from the 12-month period immediately before the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account. + + + +- 12A. Where the financial requirement the applicant must meet under Appendix FM or under Appendix Adult Dependent Relative, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adoption or Appendix Child Relative (Sponsors with Protection), relates to adequate maintenance, paragraphs 2 to 12 apply only to the extent and in the manner specified by this paragraph. Where such a financial requirement applies, the applicant must provide the following evidence: + + +- (a) Where the current salaried employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor is relied upon: + + +- (i) A letter from the employer confirming the employment, the gross annual salary and the annual salary after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency). + +- (ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held. + +- (iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly. + + + +- (b) Where statutory or contractual maternity, paternity, adoption or sick pay in the UK of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraph 5(b)(i) and (c) or paragraph 6(b)(i) and (c) apply as appropriate. + +- (c) Where self-employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor, or income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies, is relied upon, paragraph 7 or 9 applies as appropriate. + +- (d) Where the non-employment income of the applicant or their partner, parent, parent’s partner or sponsor is relied upon, paragraph 10 applies and paragraph 10(f) shall apply as if it referred to any UK welfare benefit or tax credit relied upon and to HMRC as well as Department for Work and Pensions or other official documentation. + +- (e) Where the cash savings of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraphs 11 and 11A apply. + +- (f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted. + +- (g) Where the applicant is an adult dependent relative the applicant must in addition provide details of the care arrangements in the UK planned for them by their sponsor (which can involve other family members in the UK), of the cost of these arrangements and of how that cost will be met by the sponsor. + + + +- 12B. Where the financial requirement an applicant must meet under Part 8 (excluding an applicant who is a family member of a Relevant Points Based System Migrant), under Appendix FM or under Appendix Adult Dependent Relative, Appendix HM Armed Forces, Appendix International Armed Forces and International Civilian Employees, Appendix Adoption or Appendix Child Relative (Sponsors with Protection), relates to adequate maintenance and where cash savings are relied upon to meet the requirement in full or in part, the decision-maker will: + + +- (a) Establish the total cash savings which meet the requirements of paragraphs 11 and 11A; + +- (b) Divide this figure by the number of weeks of limited leave which would be issued if the application were granted, or by 52 if the application is for indefinite leave to enter or remain; + +- (c) Add the figure in sub-paragraph 12B(b) to the weekly net income (before the deduction of housing costs) available to meet the requirement. @@ -747,218 +745,217 @@ ## Calculating Gross Annual Income under Appendix FM - - - -13. Based on evidence that meets the require