Tier 2 Gen ILR application with a limited company

[D_Torque]

Hi there,

I am due to apply for ILR soon vis 5 years on Tier 2 General route.

Me and my wife (Tier 2 General Dependant) opened a Limited Company in Nov,2016 and I appointed myself as Tech Director as I work as a Senior Software Dev (Relevant job). Had 10% share of the company.

The company has been dormant since we opened it and has never traded. I removed myself from Directors position after a year (Nov 2017). Never took any salary or did any work. It was just an idea we had but never got around to implementing it.

Now that I have my ILR soon, I am worried that all this might back-fire.

What should I do in order to make sure it does not adversely affect my application!

Feel free to ask any questions you have.

Thanks in advance.

[cyclina1]

You do not suppose to do so. You can be shareholder (just an investment) but not the director of the company (doing a second job). Maybe you can defend this is voluntary (which is allowed less than 20 hr per week) as you didn't receive salary, and also the company never trade, thus you earn nothing from the company.

if you registered, they can check your name easily in companies house.

You need a experienced lawyer.

[D_Torque]

Thank you ever so much for your reply.

I have hired an experienced lawyer and they are yet to present their views in this regard. I will keep my fingers crossed.

Do you recommend I come out forthright and mention the matter in my application?

[sree1818]

Hi,
Did you get you ILR?
I am on the same boat. Please help
Thanks

[sree1818]

Hi mate,
Any update on ilr?
Pleasethanks

[jreddy]

Hi sree, explain me in detail; is ur limited company is still active, if its still active close it immediately.

[sree1818]

Hi mate,
It is still active. I will be applying ilr in a months time. Are you sure it is not allowed. Pls help. Thanks

[D_Torque]

Hello Guys,

I have not yet applied. The company has been dormant and has not traded.

This might affect the situation. I asked my lawyers and they said it is a blackbox and even they don't have clear understanding of what it means.

When are your ILR due?

Thanks

[sree1818]

Hi ,
Mine is due at the end of October . I spoke to a solicitor from London. Is an established firm. Solicitor confirmed to me that they have asked this same question to home office. Reply from home office was that it is ok to be a director and start a limited company. But the work you do should be the same as the work you got your tier 2 visa.
It should be less that 20 hours a week too.
I am not sure how accurate this is.
What did your solicitor say? What does it mean by black box?
Thanks

[D_Torque]

The solicitors said that they have not yet found a definitive answer to the question.

Please do let us know the outcome of your application.

[sree1818]

By gods grace got my ilr approved today. Thanks

[kiwijane123]

Thank you ever so much for your reply.

I have hired an experienced lawyer and they are yet to present their views in this regard. I will keep my fingers crossed.

Do you recommend I come out forthright and mention the matter in my application?

Hello D_Torque, may I ask if you have now applied for ILR and if it was successful?

I was also a director while on Tier 2 and hope to apply for my ILR soon!

thank you

[kiwijane123]

Hi ,
Mine is due at the end of October . I spoke to a solicitor from London. Is an established firm. Solicitor confirmed to me that they have asked this same question to home office. Reply from home office was that it is ok to be a director and start a limited company. But the work you do should be the same as the work you got your tier 2 visa.
It should be less that 20 hours a week too.
I am not sure how accurate this is.
What did your solicitor say? What does it mean by black box?
Thanks

Hello sree1818, congrats on getting your ILR!

May I ask if you said anything in your application form about being a director? If so, did you treat it as employment or self-employment? And did you say your job title was xxx (same as your Tier 2 visa) or director?

I am applying soon and would like some advice because I am in a similar situation.

thank you!

[CR001]

@ kiwijane123 - please refrain from tagging onto old posts about Set O ILR.

Your posts all suggest you are applying for ILR based on 10 years long residence on form Set LR, which is a different set of rules.

[D_Torque]

Just an update guys.

I applied for ILR and it has now been granted.

Good luck to everyone.

[Surajhegde80]

People who have had ILR granted in this situation, can you please explain in detail how you approached your application? was it through a lawyer? Did you mention anything regarding having a ltd. company?

Many thanks,
Suraj

[D_Torque]

I had hired a solicitor.

That said, I never had to mention the company as I never drew any salary or even traded.

If you have traded and drew salary then I will suggest get an accountant and make sure you are clear on tax.

As long as you are not breaking Tier 2 General rules of not owning more than 10% shares and doing it in your own time and/or your job title to be closely related to what you currently do, you can always question the decision if it is not in your favour.

All the best.