ILR Applying on 02 Feb - Previous Earnings Query

[eskay_s]

Hello Everyone,

I am applying for my ILR in Croydon premium service along with 3 dependents (spouse+2kids) on 02 Feb 2014.

Could you please some one clarify on 'Previous Earnings' details:-

I am with drawing salary + dividends from my own limited company as a director and as per my accountant suggestion ,for 2014/15 year i did choose the salary option which i don't not pay any NI or Tax to HMRC.(which is £663 net salary per month).

Apart from salary i did withdrwan my dividends to cover my salary range to get the required points.i.e. total salary + dividends withdrwan as 42000 (>40,000 hence getting 45 points as i arrived in Apr'2010)

Now I did found in Immigration rules document in GOV site (see below link) that ,

https://www.gov.uk/government/uploads/s ... _final.pdf

In page 11:-

(b) If the applicant is claiming points for self-employed earnings made in the UK, he must also
provide the specified documents in paragraph 19-SD(b) to show that:
(i) he is registered as self-employed
(ii) he was registered as self-employed during the period(s) of self-employment used to
claim points, and
(iii) he was paying Class 2 National Insurance contributions during the period(s) of selfemployment
used to claim points.


My Query is ,since I am not paying any NI/TAX as part of my new salary structure will it be affected to my application as I am the director of my limited company.

Is the above rule 3 (in bold) apply for limited companies?

Please some one gurus look into this .

Note:- I know this is a duplicate as i posted this in 'Settlingin' board without realizing about this ILR index.Apologies.

Thanks in advance

[canon123]

You are an employee.

[eskay_s]

Thanks Canon123,could you please elaborate your response?

[canon123]

When you are a director of LTD company and drawing a monthly salary, then you are employee and not self-employed. So the rule you quoted doesn't apply to you.