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Documents for ILR application if you are self employed under tier 2 general

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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AhmedAE
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Interesting question, advice appreciated

Post by AhmedAE » Tue May 11, 2021 2:25 pm

Hello guys;

I am a dentist currently in Scotland for the over 5 years now under tier 2 general visa, I'm sitting my life in the UK test on the 27th of this month after which I am planning to to start with the ILR application for me and my wife, however, I have a question I was hoping you can help me with while I am waiting to start.

My employer has only ever employed myself from overseas (they have done the sponsorship license to bring me in) and when I started, they advised me that they won't deduct my tax from my salary and that I should do that annually same as other dentists at the practice.

I have asked the hmrc on my first year through online form (have a copy of that) and they replied that "the tier of immigrancy has no bearing on tax and if I'm not paying tax through my salary, I should complete a tax return" which I did ever since.

I have renewed my tier 2 visa last year with no problems and my employer renewed their sponsorship license recently and got an excellent rating.

My question to you is, is that going to affect the outcome of my application or have you seen someone with similar circumstances before?

Sorry for the lengthy enquiry, but I wanted to get ready.

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zimba
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Re: Interesting question, advice appreciated

Post by zimba » Tue May 11, 2021 4:08 pm

Were you employed by them or did you work as a contractor?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AhmedAE
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Joined: Sun Mar 26, 2017 11:04 pm

Re: Interesting question, advice appreciated

Post by AhmedAE » Tue May 11, 2021 4:16 pm

Hello Zimba;

I am employed by the practice but dentists at general practice are usually contractors with the nhs , so I get a monthly payment from the nhs under my name which goes to the practice and then I get my share as agreed on the contract.

hope that helps and if you need any further clarification let me know.

AhmedAE
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Re: Interesting question, advice appreciated

Post by AhmedAE » Wed May 12, 2021 11:47 am

An update guys, I have contacted an immigration soliciter and she said that as long as I have been paying my taxes and don't owe anything to hmrc then it should be absolutely fine.
Good news, I hope that going to be the case, I'm posting in case this might help someone in the same situation like myself and I will keep you updated about the progress of my application.

AhmedAE
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Forgot to submit police registration certificate for ILR

Post by AhmedAE » Mon Jul 12, 2021 12:37 am

Hello everyone;

I have completed my UKVCAS appointment yesterday and I have submitted my docs but forgot to submit my police registration certificate, I have it and its updated but silly me forgot to upload it, do you think my application will get rejected?

or can they ask for it?

and is there any way to send it to them after the appointment? bearing in mind I used the 5 day priority service.

Thanks guys for any help.

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Re: Forgot to submit police registration certificate for ILR

Post by zimba » Mon Jul 12, 2021 1:43 pm

You will be aksed to send it via email
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AhmedAE
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Re: Forgot to submit police registration certificate for ILR

Post by AhmedAE » Mon Jul 12, 2021 9:09 pm

Thank you Mr Zimba, fingers crossed

AhmedAE
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Re: Forgot to submit police registration certificate for ILR

Post by AhmedAE » Sun Jul 18, 2021 10:23 am

Update,ILR granted and BRP received and no one asked about the police registration certificate after all, not like I'm complaining, nice!

AhmedAE
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Documents for ILR application if you are self employed under tier 2 general

Post by AhmedAE » Sun Jul 18, 2021 11:22 am

Hello everyone;

I have recently applied for ILR and was successful, I arrived to the UK in 2016 under tier 2 general visa and was told by my employer that I will have to file my annual tax return as tax and national insurance won't be deducted from montly salary.


This presented me with dilemma when I was applying for my ILR as I never had payslips, like I was saying, I was being paid gross before tax each month directly to bank account and I filed my own annual self assessment tax return each year directly with HMRC.

I have contacted a soliciter and it turned out that I should apply for ILR as self employed and thus no need for payslips.

So for anyone out there who is under tier 2 general and does not get payslips, but rather file self assessment tax return, it is acceptable to the home office, I have been granted the ILR and the following documents is what you will need to provide:

1- Annual self assessment tax return to HMRC

2-Statement of account (SA300 or SA302)

3-Proof of registration with HMRC (if available)

4-Unique Tax Reference number UTR

5-Personal bank statements for the same 12 month period as tax return showing income from the self employment has been paid into account in the name of the person

6- Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than 3 months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than 3 months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.

I provided recent bank statement.

7-One of the following documents must also be submitted:

• if the business is required to produce annual audited accounts, such accounts for the last full financial year

• if the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants

My accountant provided me with the accounts and the certifiacte of confirmation and thats what I provided

8- Letter from employer with my rate of pay, soc code,and they need me for the forseeable future

9-letter from emplyer detailing work related abscences.

of course all of this beside the usual application documets, life in the uk , ielts etc...

and by the way, you have to supply the last year tax return so fo me it had to be the 2020/2021 and not the 2019/2020

Also after I sumbitted my application and downloaded the checklist, it said that I should provide payslips! no mention to these documents mentioned above, so if that happened to you don't panic, its just the one size fits all template

Good luck everyone, and sorry if this was mentioned somewhere else.

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zimba
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Re: Documents for ILR application if you are self employed under tier 2 general

Post by zimba » Mon Jul 19, 2021 1:49 am

The old Tier 2 rules (as well as new Skilled Worker visa rules) allows employers (e.g NHS medical practices) to sponsor someone in a self-employment capacity as follows:
S1.17. If the worker is self-employed, there must be a genuine contract for employment or services between you and the worker. This contract must show:

•the names and signatures of all involved (which must include you and the worker)
•the start and end dates of the contract
•details of the job, or piece of work, the worker has been contracted to do
•how much the worker will be paid
You will also only be allowed to be working for your sponsor which mostly defeats the purpose of being self-employed to begin with

https://www.gov.uk/government/publicati ... le-version
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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