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Naturalisation - Ltd Director / Self Assessment Statement

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Dream123a
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Naturalisation - Ltd Director / Self Assessment Statement

Post by Dream123a » Sat Jan 23, 2016 12:46 am

Dear all

I got my ILR through 5 years Tier 1G (employed) last year. I am still working for the same organisation but through a ltd company as of Dec 2015. I am not taking any revenue from my ltd company currently (re-investing). I have full employment history record and everything is inline with the HO rules during my stay in the UK; I will be applying for Naturalisation in first week of April.

In the current employment section in AN Form (Questions 1.46), I will tick 'A Director' and will give details of my ltd company (1.47 to 1.48) and will include previous jobs in the history table as required).

In 1.49 I will provide reference on my P60/P45 (from previous employer which is until Nov/dec 2015), is that ok?

I have not taken any income from the company, so all the previous self assessments from my ltd company says £0.00; but I will drawing salary + dividends in near future from my ltd company; The AN Guidance says, provide most recent self assessment statement, but the documentary evidence can not be produced in such a short span.

As I am not taking any revenue or income from my ltd company, so I thought I will mention March as employment start time with my ltd company; and then previous 3-4 months (where I have not taken any revenue) will be considered as unemployed? is this a right approach?

On the other side, if I give start dates as Dec 2015(time I left PAYE job from other company) then how would it look, if I have not taken any revenue from the business in the last 3-4 months? (May be I can pay myself in backdated to show my self employed) but as per I know employment is not mandatory for naturalisation.

your suggestions are highly appreciated.


Thanks

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation - Ltd Director / Self Assessment Statemen

Post by noajthan » Sat Jan 23, 2016 12:48 pm

Dream123a wrote:Dear all

I got my ILR through 5 years Tier 1G (employed) last year. I am still working for the same organisation but through a ltd company as of Dec 2015. I am not taking any revenue from my ltd company currently (re-investing). I have full employment history record and everything is inline with the HO rules during my stay in the UK; I will be applying for Naturalisation in first week of April.

...

As I am not taking any revenue or income from my ltd company, so I thought I will mention March as employment start time with my ltd company; and then previous 3-4 months (where I have not taken any revenue) will be considered as unemployed? is this a right approach?

On the other side, if I give start dates as Dec 2015(time I left PAYE job from other company) then how would it look, if I have not taken any revenue from the business in the last 3-4 months? (May be I can pay myself in backdated to show my self employed) but as per I know employment is not mandatory for naturalisation.

your suggestions are highly appreciated.


Thanks
You are over-thinking this & seem to be approaching this application with a 'visa'-mindset.
This is for privilege of citizenship - a completely different kettle of fish.

Don't start making up dates for the start of this or that :!:
The employment history questions are linked in with the 'good character' assessment so any whiff of manipulation of details will set alarm bells ringing in a caseworker's mind.

You clearly have some economic activity going on so don't state 'unemployed' if you were not :!:
That is suppression of material facts possibly verging on deception.

Don't forget this will all be crosschecked & verified with HMRC, DWP, various other 'agencies' & etc etc.

:arrow: Simply provide the correct & verifiable dates you have, supported by the available documentation (whether P60s, self-assessments) that you have.

The clue is in "available".
:arrow: If something is not available write a cogent explanation of why that is, in the 'further/additional information' section of form.

Finally, take note of the legally binding Declaration you have to vouch for & sign for at the end of the form.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Dream123a
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Joined: Sat Jan 23, 2016 12:25 am

Re: Naturalisation - Ltd Director / Self Assessment Statemen

Post by Dream123a » Sat Jan 23, 2016 3:42 pm

Thank you Noajthan for the feedback.
noajthan wrote: You are over-thinking this & seem to be approaching this application with a 'visa'-mindset.
We have been trained to act like this by UKBA? don't you agree? :)
noajthan wrote: You clearly have some economic activity going on so don't state 'unemployed' if you were not :!:
That is suppression of material facts possibly verging on deception.
I don't know whether this(economic activity) could be considered as employment as there is no salary or dividend?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Naturalisation - Ltd Director / Self Assessment Statemen

Post by noajthan » Sat Jan 23, 2016 4:38 pm

Dream123a wrote:Thank you Noajthan for the feedback.
noajthan wrote: You are over-thinking this & seem to be approaching this application with a 'visa'-mindset.
We have been trained to act like this by UKBA? don't you agree? :)
noajthan wrote:You clearly have some economic activity going on so don't state 'unemployed' if you were not :!:
That is suppression of material facts possibly verging on deception.
I don't know whether this (economic activity) could be considered as employment as there is no salary or dividend?
Naturalisation is based on different law.
So you just need to get up to speed on that & understand how to apply based on the form & requirements.

If it's voluntary work leave it out then.
Add a cogent note if it helps the caseworker to understand what was going on & to make an informed decision to discount it.

My point was to not make up dates & statuses that can't be backed up - as HO will be checking in parallel with whatever you state & whatever evidence you provide.

If HO can pick up on what they class as misrepresentation or suppression of facts
and/or a mismatch between some history submitted in this application & previous visa application/s
and/or between stated facts and HMRC/DWP records then the chances are they will :!:

So a good rule of thumb is: don't give them the 'wriggle room'.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

r2d2bruno
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Re: Naturalisation - Ltd Director / Self Assessment Statemen

Post by r2d2bruno » Sat Jan 23, 2016 5:21 pm

When I applied for citizenship I was on PAYE employment with a different company and I was also director of a dormant ltd company.
(Section 1.46) So ticked on both check boxes for employee and director as per recommendation from the NCS lady.

(1.47) wrote both PAYE company and my ltd company names in the space provided.

(1.48) wrote PAYE company address in the space provided. There was only enough space for one address.

(1.49) gave both PAYE and my ltd company tax reference as per the P60's.

Didn't have Employment history section (1.50) last year january as it was introduced later in 2015.

I took my self assessment statement of accounts from HMRC to the NCS appointment. But NCS lady recommended not to add anything which Homeoffice can procure from HMRC themselves. It is still a required document for self employed person (section 7 evidence).

If you are working for a different company as a contractor through your ltd company, I think you would be both an employee of your own company and also director of your company. You can clarify this with your accountant.

You can ask your accountant to provide a letter saying you are director of the company trading under XYZ ltd company name since incorporation date. This is not required though.

HomeOffice already knows most of the details and they can get more info from HMRC, so its better to be honest and declare it as per the requirements on the form.

r2d2bruno
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Joined: Mon Jan 18, 2016 12:27 pm

Re: Naturalisation - Ltd Director / Self Assessment Statemen

Post by r2d2bruno » Sat Jan 23, 2016 5:25 pm

(Section 1.48) In your case I think it should be just your ltd company registered or trading address in the space provided.

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