Applying for FLR M Category F - Now a Company Director AND Employee

[Belawanwarrior]

Hi all,

Would be very grateful for your thoughts on the situation I find myself in, as I'm panicking but not sure if I need to!

I have browsed the forum and while there are similar queries they do not quite match mine as far as I can tell, although apologies if anybody feels it is a duplicate. Given IR35 changes which came in on 6/4/2021 potential for others to be in same boat, so hopefully a helpful thread going forward!

* Wife arrived on Spouse Visa in Feb 2019. BRP expires 28/10/2021. She is due to give birth in August so we intend to apply for FLR in September as at least if things go badly wrong the nipper will be born in UK!

* I am applying as a company director. Year ended 31/03/2021. I will have 12x payslips + 12x dividend vouchers + bank statements (company/personal) etc. In short I'm confident all paperwork for Cat F is met for the company year.

* Since 19/04/2021 I have been working on a contract (private sector) via an umbrella company. Pencilled in until end of May so could be extended, could end on 31 May, could be working on a different contract or no contract from 1 June. Such is life.

* A requirement of applying as Cat F is confirmation still employed as a director/employee of the limited company in question from end of company year to application date. I have/will continue to pay a director's salary via accountant via PAYE. I will also pay dividends each month.

* The umbrella company will also be paying me a salary PAYE plus related NICs, student loan deduction (I assume as I have pre-warned them I have one) etc.

Question: Will the case handler look/potentially look at the application and say "you should be applying as a different category matey (ie an employee) rather than as a director of limited company? I meet the Cat F requirements, meet the ongoing requirement, and if a contract outside IR35 crops up would work on it via the Ltd. company. However, in the meantime I'm ALSO an employee as far as the umbrella company goes.

Does anyone see this as a problem?

Will it be enough to explain it on a cover letter (as case handler will see two salaries going in after all on statements after the end of company year, so not trying to hide anything)? "Dear case handler I am applying as a company director. Here is my evidence. For info, I also work as an employee of X Umbrella Company".

Many thanks for any useful comments anyone can provide. Gratefully received!

G