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PAYE & DIRECTORSHIP OF DORMANT COMPANY

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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dtimms
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PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by dtimms » Tue Nov 20, 2018 4:02 pm

Hello,

I would be grateful for a little advice regarding the indefinite leave to remain application.

My Mexican wife is applying for indefinite leave to remain, I am British, we were married Nov 2013 and have lived in the UK permanently excluding the odd holiday since. We are both in full time employment and each of us meet the financial threshold through our paye employment.

We are also both the only directors of a separate ltd company which we use to carry out small private specialised architectural projects when time allows. For the last relevant tax year 2016 - 2017 the company was dormant, which was confirmed to companies house in the annual return, therefore there was no requirement to submit a CT600, (however HMRC were informed).

The indefinite leave to remain application asks if she is a director of a company, which she is, however I was wondering that if not contributing to the financial threshold is there still a requirement to declare the directorship?

If there is what is the minimum amount of documents that need to be provided for a dormant company?

Thank you in advance.

Derek

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zimba
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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by zimba » Tue Nov 20, 2018 4:10 pm

This will not be relevant as you satisfy the financial requirement via your employment in some other company
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

R-graphite
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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by R-graphite » Tue Nov 20, 2018 6:35 pm

Zimba wrote:
Tue Nov 20, 2018 4:10 pm
This will not be relevant as you satisfy the financial requirement via your employment in some other company
Hi, so if I am a full time employee at 1 company (considering the income from this company to meet the threshold)and a director at another company which I am not considering its income what would I say in that case? Shall I answer No to the question of whether I am a director to a company based in the UK?

Regards

dtimms
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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by dtimms » Tue Nov 20, 2018 6:44 pm

Thank you for the response.

To clarify, we would therefore answer no to the below as it is not required to meet the financial threshold?

'Are they a director or non-executive director of a limited based UK company?'

Are there any guidance notes provided that clarify this approach? As answering a yes/no question not factually correct makes me uncomfortable, it does not provide option to add notes.

Thank you,

Derek

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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by R-graphite » Tue Nov 20, 2018 7:08 pm

dtimms wrote:
Tue Nov 20, 2018 6:44 pm
Thank you for the response.

To clarify, we would therefore answer no to the below as it is not required to meet the financial threshold?

'Are they a director or non-executive director of a limited based UK company?'

Are there any guidance notes provided that clarify this approach? As answering a yes/no question not factually correct makes me uncomfortable, it does not provide option to add notes.

Thank you,

Derek
Hi Derek, I noticed something! You know when you fill your finance section and then go to documents. They list all documents you need to provide and for the director part it seems they associate it with the job role you are counting on to meet the threshold. So I believe you need to put no as an answer because this directorship is directly connected with the income tou’re counting on.
This is my interpretation, Please don’t take it for granted as I can be wrong.

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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by R-graphite » Wed Nov 21, 2018 12:20 pm

Thank you for the response.

To clarify, we would therefore answer no to the below as it is not required to meet the financial threshold?

'Are they a director or non-executive director of a limited based UK company?'

Are there any guidance notes provided that clarify this approach? As answering a yes/no question not factually correct makes me uncomfortable, it does not provide option to add notes.

Thank you,

Derek
Thank you for the response.

To clarify, we would therefore answer no to the below as it is not required to meet the financial threshold?

'Are they a director or non-executive director of a limited based UK company?'

Are there any guidance notes provided that clarify this approach? As answering a yes/no question not factually correct makes me uncomfortable, it does not provide option to add notes.

Thank you,

Derek

Hi Derek, I noticed something! You know when you fill your finance section and then go to documents. They list all documents you need to provide and for the director part it seems they associate it with the job role you are counting on to meet the threshold. So I believe you need to put no as an answer because this directorship is directly connected with the income tou’re counting on.
This is my interpretation, Please don’t take it for granted as I can be wrong.
Does Anyone have an advice about this case? Do you think answering this question as No would be misleading?
I am not legally qualified, all my answers are from personal experience or readings. Please seek legal advice and don’t take my opinion as one.

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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by sonata » Sat Nov 24, 2018 9:14 am

dtimms wrote:
Tue Nov 20, 2018 4:02 pm
Hello,

I would be grateful for a little advice regarding the indefinite leave to remain application.

My Mexican wife is applying for indefinite leave to remain, I am British, we were married Nov 2013 and have lived in the UK permanently excluding the odd holiday since. We are both in full time employment and each of us meet the financial threshold through our paye employment.

We are also both the only directors of a separate ltd company which we use to carry out small private specialised architectural projects when time allows. For the last relevant tax year 2016 - 2017 the company was dormant, which was confirmed to companies house in the annual return, therefore there was no requirement to submit a CT600, (however HMRC were informed).

The indefinite leave to remain application asks if she is a director of a company, which she is, however I was wondering that if not contributing to the financial threshold is there still a requirement to declare the directorship?

If there is what is the minimum amount of documents that need to be provided for a dormant company?

Thank you in advance.

Derek
- What visa are you on? (Tier 2?), what type of ILR are you applying for? (O?)
- Answering the question as No will be misleading
- They have access to your HMRC and Companies house info

Even if your directorship is not how you meet the financial threshold it is better to tell them about your employment history.

In addition to all other requirements they will like to know that in taking up other non-voluntary work you a) were still keeping to the very specific terms of your existing visa with regards to extra (second) employment and b) if you did and made any more you paid sufficient tax, did not go over the allocated hours etc..

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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by CR001 » Sat Nov 24, 2018 9:26 am

sonata wrote:
Sat Nov 24, 2018 9:14 am
dtimms wrote:
Tue Nov 20, 2018 4:02 pm
Hello,

I would be grateful for a little advice regarding the indefinite leave to remain application.

My Mexican wife is applying for indefinite leave to remain, I am British, we were married Nov 2013 and have lived in the UK permanently excluding the odd holiday since. We are both in full time employment and each of us meet the financial threshold through our paye employment.

We are also both the only directors of a separate ltd company which we use to carry out small private specialised architectural projects when time allows. For the last relevant tax year 2016 - 2017 the company was dormant, which was confirmed to companies house in the annual return, therefore there was no requirement to submit a CT600, (however HMRC were informed).

The indefinite leave to remain application asks if she is a director of a company, which she is, however I was wondering that if not contributing to the financial threshold is there still a requirement to declare the directorship?

If there is what is the minimum amount of documents that need to be provided for a dormant company?

Thank you in advance.

Derek
- What visa are you on? (Tier 2?), what type of ILR are you applying for? (O?)
- Answering the question as No will be misleading
- They have access to your HMRC and Companies house info

Even if your directorship is not how you meet the financial threshold it is better to tell them about your employment history.

In addition to all other requirements they will like to know that in taking up other non-voluntary work you a) were still keeping to the very specific terms of your existing visa with regards to extra (second) employment and b) if you did and made any more you paid sufficient tax, did not go over the allocated hours etc..
Users wife is on a spouse visa not a tier 2 visa. Applying for ILR on form SET M and not SET O. No restrictions on work etc in this case.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: PAYE & DIRECTORSHIP OF DORMANT COMPANY

Post by R-graphite » Sat Nov 24, 2018 11:24 pm

CR001 do you thibk it is ok to answer ‘No’ and just declare on a cover letter that I am a director of a company but I am not depending on it to meet the threshold? and that I answered No because I think this question is related to the role you’re meeting the threshold with. Your opinion is much appreciated.
CR001 wrote:
Sat Nov 24, 2018 9:26 am
sonata wrote:
Sat Nov 24, 2018 9:14 am
dtimms wrote:
Tue Nov 20, 2018 4:02 pm
Hello,

I would be grateful for a little advice regarding the indefinite leave to remain application.

My Mexican wife is applying for indefinite leave to remain, I am British, we were married Nov 2013 and have lived in the UK permanently excluding the odd holiday since. We are both in full time employment and each of us meet the financial threshold through our paye employment.

We are also both the only directors of a separate ltd company which we use to carry out small private specialised architectural projects when time allows. For the last relevant tax year 2016 - 2017 the company was dormant, which was confirmed to companies house in the annual return, therefore there was no requirement to submit a CT600, (however HMRC were informed).

The indefinite leave to remain application asks if she is a director of a company, which she is, however I was wondering that if not contributing to the financial threshold is there still a requirement to declare the directorship?

If there is what is the minimum amount of documents that need to be provided for a dormant company?

Thank you in advance.

Derek
- What visa are you on? (Tier 2?), what type of ILR are you applying for? (O?)
- Answering the question as No will be misleading
- They have access to your HMRC and Companies house info

Even if your directorship is not how you meet the financial threshold it is better to tell them about your employment history.

In addition to all other requirements they will like to know that in taking up other non-voluntary work you a) were still keeping to the very specific terms of your existing visa with regards to extra (second) employment and b) if you did and made any more you paid sufficient tax, did not go over the allocated hours etc..
Users wife is on a spouse visa not a tier 2 visa. Applying for ILR on form SET M and not SET O. No restrictions on work etc in this case.
I am not legally qualified, all my answers are from personal experience or readings. Please seek legal advice and don’t take my opinion as one.

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