Family Restaurant Job and Spouse Visa Evidence
Working for a family restaurant? Check whether company ownership changes the spouse visa evidence needed beyond ordinary payslips.
A family restaurant may employ relatives on genuine wages. The fact that the employer is a family business does not, by itself, mean the salary cannot count. The important question is whether the company’s ownership and the worker’s role bring the income within the special specified-company evidence rules.
Those rules exist because a small group of connected people may have control over a limited company’s salary, dividends and records. If they apply, an ordinary set of payslips and bank statements may not be enough.
Check the company structure, not just the family connection
Appendix FM-SE describes a specified type of UK limited company. In outline, the person must be a director or employee of the company or another company in the group; shares must be held directly or indirectly by the person, their partner or specified family members; and the remaining shares must be held by fewer than five other people.
The exact rule should be checked against the current Appendix and the company’s ownership records.
Working for a parent’s restaurant as a waiter does not automatically satisfy that test. A family relationship with the owner is not enough on its own. Conversely, a worker who is also a director or shareholder may need to check the company provisions even if the restaurant operates as a small local business.
What additional documents may be needed
Where the specified-company rules apply, Appendix FM-SE can require company-level records such as the CT600 and evidence it was filed with HMRC, Companies House registration, audited or qualifying unaudited accounts, and business documentation. If the applicant relies on salary, payslips, a P60 where issued and personal bank statements for the relevant period may also be required.
If dividends are relied on, dividend vouchers and bank evidence may be needed. Evidence of ongoing employment or dividend payments is also relevant.
The list depends on the exact structure and the income being claimed. Do not copy a generic checklist from another restaurant’s case. Ask the accountant for the company’s filings and confirm which documents correspond to the financial year relied on.
Illustration: two workers, different evidence routes
Worker A is a chef employed by a restaurant owned by an unrelated company. The chef has no shares and is not a director. Worker B is employed as a manager by a limited company, is also a director and owns shares with a parent and sibling.
Both may receive genuine payslips, but Worker B should assess whether the specified-company provisions apply. The business name “family restaurant” alone does not answer it.
Keep the personal and company records consistent
Compare the employer’s legal name on the contract, payslips, bank credits and company filings. A trading name may differ from the company name, but the link should be clear.
Check that the salary amount on the employer letter matches payroll, the P60 and the personal bank statements. If the director receives dividends as well, keep salary and dividend evidence separate.
Do not rely on a family member’s letter alone to establish that the business can afford the salary. The relevant evidence should show the company’s structure, the person’s role and the payments actually made. An accountant may help identify the right company records, but immigration eligibility should be assessed under the Rules.
What to do before applying
- Obtain the latest company ownership and director information.
- Identify who holds shares and how they are related to the worker or partner.
- Check the qualifying-company test in Appendix FM-SE.
- Ask the accountant for the company and tax records for the relevant full financial year.
- Match salary and dividend payments to the appropriate personal bank statements.
Questions for the accountant and company
Ask for the company’s legal name and registration details, the current shareholding and director list, the most recent CT600 and filing acknowledgement, and the accounts for the financial year relied on. Confirm which relatives hold shares directly or indirectly and whether any other shareholders fall within the rule.
If the company pays salary or dividends, obtain the matching payslips, P60 or dividend vouchers and personal bank statements.
A waiter or chef does not need to be a director or own shares personally for the specified-company rules to apply. An employee of a UK limited company may fall within paragraph 9(a) of Appendix FM-SE where their partner or a listed relative of either partner holds shares, directly or indirectly, and any remaining shares are held by fewer than five other people. Check the full definition, including any relevant group-company arrangement, before deciding which financial calculation and evidence are required.
The accountant can confirm which company records exist and how figures were reported. The immigration assessment should still identify the exact Appendix FM-SE provision and evidence package that applies.
Do not assume a family company is disqualified
The specified-company provisions change the evidence required. They do not mean that every relative’s salary is automatically excluded. A genuine role, correctly reported pay and a complete company record may still support an application, but the prescribed documents must be supplied and the financial calculation must meet the relevant rule.
Do not change a worker’s title or shareholding to try to fit a different evidence route. The application should describe the actual role and ownership. If the company structure changed during the relevant financial year, document the dates and identify which structure applied when each payment was made.
Check the legal employer and the ownership structure
A family restaurant may trade under a familiar name while the legal employer is a limited company, partnership or sole trader. Start with the employment contract, payslips, Companies House information and the company’s share records. Identify the exact company that employs the worker and who owns shares directly or indirectly.
Map the relevant company’s direct and indirect shareholdings, including any changes during the financial year. Check whether the worker, their partner or a relative listed in paragraph 9(a)(ii) holds shares.
The worker may meet the definition through their employment even if they hold no shares themselves. Record the worker’s role, salary and any dividends, then assess every condition in paragraph 9(a), including the limit on other shareholders.
Why ordinary payslips may not complete the evidence
Where the specified-company rules apply, the evidence can extend beyond the usual employment pack. The relevant requirements may include company accounts, corporate tax material, business bank statements, evidence of salary or dividends and documents about ownership and ongoing trading.
Check the current Appendix FM-SE list for the person’s exact role and shareholding. A standard employer letter does not replace company documents that the Rules specify.
Confirm that the salary was paid by the company and appears in the company’s payroll and bank records. If a relative transferred the money personally, identify why and whether the company actually owed the wage. Personal transfers between family members should not be described as company salary without supporting records.
Keep the employment story commercially and documentarily consistent
A family connection does not itself make employment false. The file should show a real role, actual duties, hours worked, pay, tax treatment and a business capable of supporting the arrangement. Useful supporting records may include a contract, rota, work schedule or payroll evidence, but focus on what the applicable rules require.
Do not create a paper role or change a title for the application.
If the business has several restaurants or trading names, explain which entity employs the worker and which account pays wages. If one company took over from another, show the transfer date and the new employer details. Ensure the application form, accounts, tax documents and company records use consistent names and dates.
Prepare an ownership-and-income review before submission
- Identify the legal employer and company number.
- Confirm the worker’s job title, director status and shareholding.
- Map connected family shareholdings and any changes.
- Check the specified evidence list for the applicable company category.
- Reconcile salary and dividends to payroll, accounts and bank records.
This review helps distinguish a straightforward relative-employed case from one that triggers additional specified evidence. If ownership is unclear or records conflict, resolve that issue before relying on the income.
Preserve the company records behind the figures
Keep the filed accounts and HMRC records in the form obtained from the accountant or relevant authority. If the company’s accounts were prepared after a change in shareholding, ask the accountant to clarify which dates and ownership structure the figures cover. Make sure the bank statements belong to the business account and that salary or dividend payments can be identified.
Do not combine a relative’s personal account with the company account without explaining the ownership and transaction. If the business has changed its legal name or reorganised, show the dates and supporting company records so the evidence trail remains clear.
For the wider rules, read the company director and family-business guide. Visit our Spouse Visa service page for the route overview, or request a Case Assessment to review your circumstances and evidence together.
