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Tier 1 (General) ILR for company director questions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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herschey
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Tier 1 (General) ILR for company director questions

Post by herschey » Tue Sep 01, 2015 3:14 pm

I am about to apply for ILR under Tier 1 General. My previous application/extension were under standard salaried employment but for the earnings period of the application I've been working as director of my own limited company and so I'm not confident in all the documents I need despite reading the application and annexes. Assistance is appreciated.

My questions relate to proof of earnings:
- Can I use company bank statements (money paid by company) as well as personal bank statements (money received) or do I need payslips/dividend vouchers (or other) to prove what the company paid me?
- Is a letter from an accountancy summarising the pay/dividends to me sufficient to show money paid by the company to me (in addition to personal bank statements)? Do I need the accountancy to provide explanation of their role and also my shares in the company, etc?
- If I provide Dividend Vouchers, can these just be printed by me and signed by my company secretary (who happens to be my dependent applicant)? I haven't got fancy company letterhead or anything
- There is a section in the Annex about providing proof of registration for Class 2 NIC - am I correct this applies to Self Employed people that are NOT operating under their own limited company?
- In any of the above cases do I also need to provide invoices generated?
- In any of the above cases do I also need to provide Company Registration information or Corporate Tax Filing?

Thanks all.

-H

ashehzi
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Re: Tier 1 (General) ILR for company director questions

Post by ashehzi » Tue Sep 01, 2015 3:33 pm

Could you please clarify if you are applying as Self Employed/Contractor or Permanent Employee of another company for your ILR covering 12 months of the last 15 months?

My last extension was using permanent full time employee. Then I opened my own limited company and did contracting for 3 months. After that contract, I couldn't find the contract in one month, so I entered into permanent employment of my current employer which means I am working as permanent employee for last 13 months.

I am going for ILR this month, so I am only showing my 12 months salary from permanent employment. I am however also company director of my own limited company but I have not done any business and have been filing zero VAT since I left contracting. I am planning to just show points based on permanent employment as I have not done any business using my limited company since June last year. However, I will carry documents for my company like business bank statements and letters received from HMRC during that period, just in case if they are required.

Does that mean you're in the same/similar position?

Regards.

herschey
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Re: Tier 1 (General) ILR for company director questions

Post by herschey » Tue Sep 01, 2015 9:08 pm

Hi Ashehzi,

In my case, I am director of a limited company and this has been my only source of income for the 12 months for which I'm claiming earnings. This is in the form of salary and dividends. So my directorship is similar to yours, but in my case this is my source of income whereas yours was your permanent employment.

Thanks.

-H

herschey
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ILR from Tier 1 General-Continuous Residency

Post by herschey » Thu Sep 03, 2015 10:41 pm

Hi all,

I've just finished putting together my travel history ahead of my ILR application. I have been under a Tier 1 General for the past 5 years. I have not been absent from the UK for 180 days or more in any one year.

I'm confused about the requirement for documentary evidence required - as a Tier 1 General visa holder I was not sponsored by a particular company and so surprised that I need to provide evidence of my reasons for leaving the UK. Taking a holiday seems logical.

The above said, I've held three jobs since being in the UK and so approaching an employer that I ceased working for 3 years ago to ask for a letter confirming that my absences from work are consistent with my annual leave seems a bit crazy and potentially quite difficult. Same goes for my last employer which I left 15 months ago.

Do I really need letters from these employers or is simply listing the holidays as annual leave acceptable?

What should I say for reason for absence? Holiday? Annual Leave?

For the past 15 months I've been working for my own limited company. Can I just write my own letter as Company Director for both my personal and work-related travel?

I have read the posts stating that case workers can, at their discretion, approve applications without documentary evidence if leave was consistent with standard annual leave, but prefer leaving this to the whims of the caseworker.

Thanks all.

geriatrix
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Re: Tier 1 (General) ILR for company director questions

Post by geriatrix » Fri Sep 04, 2015 12:01 pm

Please keep your ILR queries in a single topic.
Life isn't fair, but you can be!

herschey
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Re: Tier 1 (General) ILR for company director questions

Post by herschey » Fri Sep 04, 2015 2:07 pm

susmehta - not sure if I posted using the wrong feature, but my logic for separating topics is that my questions were very different. Requirements related to continuous residence are distinct from my questions related to application requirements for a company director, so posting these separately seemed to make sense. It makes it easier for people to comment and then in the future to review the responses. Again, if I'm supposed to post new questions in a different way please let me know.

geriatrix
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Re: Tier 1 (General) ILR for company director questions

Post by geriatrix » Fri Sep 04, 2015 2:23 pm

The post above is very clear, with links provided for you to read / follow.
There is no need to create a new topic for every new question that springs to your mind about your ILR application (the subject and the topic).
Life isn't fair, but you can be!

herschey
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Re: Tier 1 (General) ILR for company director questions

Post by herschey » Fri Sep 04, 2015 2:55 pm

I'll adhere to that going forward as I intend to be a good citizen of the board. But I honestly disagree if topics are on very different aspects of the application and makes for an easier read after the fact.

geriatrix
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Re: Tier 1 (General) ILR for company director questions

Post by geriatrix » Fri Sep 04, 2015 2:59 pm

We can all agree to disagree. :)
But the policy is and has been in place for a reason - to deter what you suggest is a better option, in your opinion.
Life isn't fair, but you can be!

HelpThisPerson
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Re: Tier 1 (General) ILR for company director questions

Post by HelpThisPerson » Sun Sep 06, 2015 9:05 pm

Hello,
This clause on page 22 of the "ILR continous periods"
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

is a bit tricky for Tier 1 applicants who at one point of time contracted through their own limited company but later shifted to a permanent employment and the limited company does not exist anymore?

"Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
However, time spent away from the UK for extended periods, particularly if the business no longer exists, would not be allowed."

Please some expert guru can you clarify?

herschey
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Re: Tier 1 (General) ILR for company director questions

Post by herschey » Sun Sep 06, 2015 9:38 pm

Just to clarify, my company currently exists and my previous earnings for the sake of ILR are from the company.

herschey
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Re: Tier 1 (General) ILR for company director questions

Post by herschey » Mon Sep 07, 2015 2:28 pm

Hi all,

Another question related to this - as noted further up the thread my earnings are from a combination of dividends and salary. My earnings vary month to month if the dividend changes or there is a change in Tax Code (as may happen to anyone).

On the SET(0) application Section 5.2 it asks if you are working in the UK and if so "If so, what is your pay each month after income tax and other deductions?". To answer this do I just take the median average or something like that? How particular are they on this question?

Thanks

herschey
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Joined: Tue Sep 01, 2015 3:01 pm

Re: Tier 1 (General) ILR for company director questions

Post by herschey » Tue Sep 15, 2015 3:11 pm

Hi all, not sure if anyone will notice this added question as it's buried in this thread.

In section 12L Tier 1 General Migrant of the ILR (SET(0)) there is an ask for documents:
"For the period before you were granted leave as a Tier 1 General Migrant, documents showing that you met the relevant requirements of the immigration rules".

I have no idea what I'm supposed to provide for this. I entered the UK Sep 21 2010 and am submitting my application Sep 16, 2015 - so 5 days shy of 5 years. I'm not clear at all what I'm supposed to provide so if anyone can advise I'd appreciate it.

Thanks

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