ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Director of Limited Company - Prove ongoing employment

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
djr180
Newly Registered
Posts: 4
Joined: Tue May 13, 2014 6:50 pm

Director of Limited Company - Prove ongoing employment

Post by djr180 » Wed May 14, 2014 11:44 am

Hi all,

I have collected all the information required apart from evidence to show ongoing employment at my company. Can anyone that has applied under category F let me what evidence they submitted to prove their ongoing employment at their own company.

I have collected the following

Screenshots of our website
Recent purchase invoices
recent bank statments
Last months HMRC RIT PAYE screen shot showing 1333.33 being paid (This is a base salary, the rest is paid as interim dividends issued every 3 months. This means that I have no recent dividend vouchers)
CSV file of selection of May's sales invoices

Should this be sufficient?

Thanks
David

gettcp
Newly Registered
Posts: 8
Joined: Wed Mar 12, 2014 9:35 am

Re: Director of Limited Company - Prove ongoing employment

Post by gettcp » Thu May 15, 2014 9:55 pm

got the visa last week and we have submitted the docs listed in Annex FM section 1.7 - section 9.8.

Attaching PAYE RTI would be definitely helpful, in any case ECO will verify with HMRC with your PAYE ref number. So make sure you attach a letter from HMRC confirming the PAYE registration, recent invoices, remittance advice slips, current appointment letter from companies house...etc

let me know if you are looking for anything more specific

All the best

djr180
Newly Registered
Posts: 4
Joined: Tue May 13, 2014 6:50 pm

Re: Director of Limited Company - Prove ongoing employment

Post by djr180 » Fri May 16, 2014 10:08 am

Thanks for the reply,

I have collected all of the required documents for the last financial year (Mar 2013 - Feb 2014). However, the rules imply that I should also show evidence of on-going employment.

It just seems, in addition to all the evidence for last financial year, I also need to prove that I am currently ( as well as in the future) employed at my company. I spent yesterday woking with my accountant to produce a 2014 - 2015 profit and loss forecast to add to all the other documents to show I am currently working. I am sure that along with the latest invoices, bank statements, RTI printouts of paid salary, this will be enough evidence to show on-going employment. None of this evidence relates to my 'last financial year', it is all April/May 2014 evidence.

Another, issue is that I have reduced my salary this year to £16,000 with the rest to be paid as dividends (Expected salary £50,000. However I have not and do not want to issue any interim dividends at present. UKVI would not have an issue with this as they should accept 'to be paid' dividends as proof of ongoing employment at the same pay level, right???. Especially when our forecast shows profits of £60k.

This is all very stressful as the information from UKVI is minimal.

Many Thanks
David

gettcp
Newly Registered
Posts: 8
Joined: Wed Mar 12, 2014 9:35 am

Re: Director of Limited Company - Prove ongoing employment

Post by gettcp » Sat May 17, 2014 10:25 am

David,

In my view showing evidence of on-going employment for a director of limited company isn't straight forward. For salaried employee, employer issue the letter confirming employment where as in this situation, your own limited company and you are the director. By issuing yourself a letter wouldn't really show a valid evidence. May be someone else can comment on this.

I prefer the following documents to show my on-going employment

a. contract extension letter from your client
b. Companies Annual return
c. current appointment letter from companies house
d. latest payslips and dividend vouchers
e. evidence to show PAYE and NI contributions

How long you have been holding the position - director of your own limited company?

RTI was introduced since Apr 2013 and you should be able to show PAYE & NI contribution your company made towards HMRC as evidence, and ECO is very particular about PAYE & NI.

I have povided - proper payslips generated by payroll software, RTI printouts for PAYE & NI contributions along with employer tax return for the year, evidence of corporation tax (CT600) filed and paid...etc

If you can let us know, when did you start your own limited company and how long you have been as director of your own company, any other share holders...etc I can suggest you what sort of documents you can put up along with application.

rizmir
Member
Posts: 131
Joined: Sun Feb 03, 2013 10:45 am

Re: Director of Limited Company - Prove ongoing employment

Post by rizmir » Sun Jul 13, 2014 3:26 pm

Hi gettcp

could u plz highlight some of the confusion regarding company income as employment or under category F.

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

paragraph 9(a) shows:
(a) The specified type of limited company is one in which:
(i) the person is a director of the company (or 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.

I am only director of the company and receiving salary of 14K since 7 months with RTI paye and NI. now i am thinking to have dividend of 5000 to make 19k.
Whats ur suggestion that my company income wud be counted under category A as employment and category C(dividend) or u think i wud fall in category F.

will be highly appreciated

regards
Rizmir

Locked