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Limited Company/ Category A

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farhantahir786
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Posts: 41
Joined: Fri Dec 28, 2018 1:30 am
Pakistan

Limited Company/ Category A

Post by farhantahir786 » Sun Mar 17, 2019 11:16 pm

Hi All

Wondering if someone can help me with Category A. Basically, I work for a subsidiary (set up as a limited company) of a Ftse 100 company (PLC). I amn't a director and I am salaried.

On page of the Appendix GM guidance, it says under evidence: "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

But then, in the Immigration Rules Appendix FM-SE: family members specified evidence (https://www.gov.uk/guidance/immigration ... d-evidence) it says "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

Which list do I follow? I can download the annual return from Companies House BUT i'm worried they will assume i'm a director (I'm 27 - haven't seen many directors my age of large listed companies...). But just cautious I'm looking at the wrong thing...

wahi66
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Posts: 347
Joined: Wed Jul 12, 2017 11:18 pm
United Kingdom

Re: Limited Company/ Category A

Post by wahi66 » Mon Mar 18, 2019 12:03 am

farhantahir786 wrote:
Sun Mar 17, 2019 11:16 pm
Hi All

Wondering if someone can help me with Category A. Basically, I work for a subsidiary (set up as a limited company) of a Ftse 100 company (PLC). I amn't a director and I am salaried.

On page of the Appendix GM guidance, it says under evidence: "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

But then, in the Immigration Rules Appendix FM-SE: family members specified evidence (https://www.gov.uk/guidance/immigration ... d-evidence) it says "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

Which list do I follow? I can download the annual return from Companies House BUT i'm worried they will assume i'm a director (I'm 27 - haven't seen many directors my age of large listed companies...). But just cautious I'm looking at the wrong thing...
you are making things mixed up. at what capacity you work in this company??
is anyone related to you is the shareholder or director in the subsidiary or parent company???
if the parent/subsidiary company is not related you under paragraph 9(a) then you would be consider as salaried person just like working any other company.

farhantahir786
Newbie
Posts: 41
Joined: Fri Dec 28, 2018 1:30 am
Pakistan

Re: Limited Company/ Category A

Post by farhantahir786 » Mon Mar 18, 2019 12:20 am

I'm a salaried employee (I will own some shares in the company - probably around £2000 but the company is worth £7billion, so it's nothing major). No one related to me is part of the company in a director/ owner capacity.

I completely agree with you - i'm a normal employee. It's just that the Appendix FM Guidance 1.7 (or whatever it is called) says the following: "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

For the first part - i'm an employee of the limited company and it's based in the UK. Clearly, it's not of a type specified in Paragraph 9(a). Based on the requirement, it looks like annual return should be provided. But that makes zero sense to me as I get payslips, i'm contracted, I have no ownership stakes/ rights, etc...

I assume that the guidance is outdated. Annoying!!!!!!!!!!

wahi66
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Posts: 347
Joined: Wed Jul 12, 2017 11:18 pm
United Kingdom

Re: Limited Company/ Category A

Post by wahi66 » Mon Mar 18, 2019 11:54 pm

farhantahir786 wrote:
Mon Mar 18, 2019 12:20 am
I'm a salaried employee (I will own some shares in the company - probably around £2000 but the company is worth £7billion, so it's nothing major). No one related to me is part of the company in a director/ owner capacity.

I completely agree with you - i'm a normal employee. It's just that the Appendix FM Guidance 1.7 (or whatever it is called) says the following: "Where the person is either a director or employee (or both) of a limited company based in the UK, evidence that the company is not a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House."

For the first part - i'm an employee of the limited company and it's based in the UK. Clearly, it's not of a type specified in Paragraph 9(a). Based on the requirement, it looks like annual return should be provided. But that makes zero sense to me as I get payslips, i'm contracted, I have no ownership stakes/ rights, etc...

I assume that the guidance is outdated. Annoying!!!!!!!!!!
:D :D the guidance is absolutely right however your interpretation is not right. anyway the above mention text is for people who falls under paragraph 9 (a). :idea:

it is clearly not applicable to you so just ignore and move on to the next part. you are just a normal employee working in any normal company. period

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