Naturalization for a company director(one month old company)

mahesh008 · Post by **mahesh008** » Mon Jun 21, 2010 7:18 pm

I'll be eligible to apply for Naturalzation in August. All these years I have been an employee for an organization. Now I have just started the ltd company and about to start a new contract.

I have not yet resigned my current job so I don't have P45. As I have just started the ltd company I don't even have self assessment tax form either.

Can anybody suggest me how to approach about my situation please?

Thanks in advance...

any advice most appreciated...

Post by **John** » Mon Jun 21, 2010 7:49 pm

Have you read the form AN and the guide AN? If you have, what is your concern? What tax reference to write on the form?

mahesh008 · Post by **mahesh008** » Mon Jun 21, 2010 8:03 pm

Hi John, well my concern is I will be on unpaid leave with my current employer; and will be doing the contract work through my own limited company.

In this situation, as I won't be having any tax return via my ltd company what option should I select? and as I won't be receiving P45 from my current employer yet. What should I write.

Thank you.

Post by **John** » Mon Jun 21, 2010 9:18 pm

Sorry, I do not think you have had a good read of the form AN and guide AN, and accordingly you are imagining requirements that do not exist.

Many people are surprised just how little supporting evidence is required, when applying for Naturalisation.

mahesh008 · Post by **mahesh008** » Mon Jun 21, 2010 9:27 pm

Well I'm bit worried about my situation that's why trying to figure out what documents I have to supply.

What I'm confused about is as I'm not resigning my current job and will not receive any payslips from now on. And at the same time as I have just started the ltd company I can not have any tax proofs in the next few months.

For above reason, I'm not sure what options should I tick on the application.

Post by **John** » Mon Jun 21, 2010 10:15 pm

Which question on the form are you concerned about? Question number?

mahesh008 · Post by **mahesh008** » Mon Jun 21, 2010 10:17 pm

section 3: Good Character requirement

question 3.1 - 3.5

Post by **John** » Mon Jun 21, 2010 10:23 pm

Just answer factually, dependant upon the situation at the time you apply.

mahesh008 · Post by **mahesh008** » Mon Jun 21, 2010 10:32 pm

At the time of my application I'll be both employed with an employer on unpaid leave and as Director of my limited company. So what should I write

mrlookforward · Post by **mrlookforward** » Tue Jun 22, 2010 1:45 am

John wrote:Just answer factually, dependant upon the situation at the time you apply.

Post by **John** » Tue Jun 22, 2010 7:05 am

mahesh008, will you already be drawing salary from your own company, when you are applying? If yes, I think answer those questions relating to your company, and if no, answer relating to your employment.

But it is no big deal. As long as UKBA can find you in the HMRC computer system there will not be a problem.

mahesh008 · Post by **mahesh008** » Tue Jun 22, 2010 7:31 am

Thanks John. I would put my company details as I would be getting money into company account.

I presume that even though I have not resigned with my current employer and no P45 is issued, and as I'm on unpaid leave I might get a little amount back from employer as tax return. It should be fine isnt'it?

Post by **John** » Tue Jun 22, 2010 7:52 am

I would put my company details as I would be getting money into company account.

That is not quite how I put it! It is not a question of money going into your company; it is a question of whether you are then drawing salary from your company.

Has your company been registered with HMRC for a PAYE scheme? You know the PAYE reference allocated to employees/Directors of your company?

mahesh008 · Post by **mahesh008** » Tue Jun 22, 2010 8:08 am

I have formed the ltd company, but I have not set up any PAYE schema nor I'm employed to my own company; I'm only a director of the company and will be taking dividends every month.

Post by **John** » Tue Jun 22, 2010 8:28 am

Then I think you need to enter details of the employment, especially as you will not have a PAYE reference for your company.

mahesh008 · Post by **mahesh008** » Tue Jun 22, 2010 8:36 am

will the HO be fine, if I won't mention anything about my limited company? as I have registered the company with HMRC and VAT as well.

This is my biggest concirm what to mention and what not to mention in the application.

Wanderer · Post by **Wanderer** » Tue Jun 22, 2010 8:50 am

mahesh008 wrote:I have formed the ltd company, but I have not set up any PAYE schema nor I'm employed to my own company; I'm only a director of the company and will be taking dividends every month.

Are you an IT person on contract via ltd?

If so paying yourself this way will leave you wide open to an investigation IMHO....

Post by **John** » Tue Jun 22, 2010 9:23 am

will the HO be fine, if I won't mention anything about my limited company? as I have registered the company with HMRC and VAT as well.

This is my biggest concirm what to mention and what not to mention in the application.

You are being over-concerned. It is just a question of ensuring the UKBA can find you in the HMRC computer system. The tax reference for your employment will enable them to do that.

Are you an IT person on contract via ltd?

If so paying yourself this way will leave you wide open to an investigation IMHO....

Why? There is no requirement for salary, or any particular amount of salary, needs to be taken.

Of course here we are a little over 3 hours before the start of the Budget and it is totally possible that there may be alterations in the tax law affected IR35.

mahesh008 · Post by **mahesh008** » Tue Jun 22, 2010 6:36 pm

Thanks John, well yes I'm IT contractor via ltd company.

The main reason for concern is as I'm on unpaid leave I won't be getting P45 and my pay will be frozen for few months. In those few months I'll be working as contractor thru my own ltd company.

And in this period I want apply for citizenship, thats why I'm totally confused.

Sorry for the delay, as I can't access this site from work.

Post by **John** » Tue Jun 22, 2010 8:28 pm

The main reason for concern is as I'm on unpaid leave I won't be getting P45

What are you concerned about? When applying for Naturalisation there is not a requirement that you are working or earning any money. The questions on the form AN are merely to ensure that UKBA can find you in the HMRC computer system.

In order to reinforce this, when someone is applying for Naturalisation there is not even a requirement that the applicant has ever worked in the UK! That is, if the applicant has been a housewife (or househusand) since coming to the UK, then that is not a bar to them applying for Naturalisation.

raymasa2 · Post by **raymasa2** » Tue Jun 22, 2010 9:56 pm

If I may jump in (but take my post with a grain of salt, as I am not sure).

If you are still employed then you should enter the name of your employer. If you are not getting paid, just write a note in the application that you are on unpaid leave from the company. I don't think that is going to be an issue.

If you are a director, you should enter that as well. if your company is trading, I think you need to send in your self-assessment as well.

I went to the HMRC workshop on new directors few weeks ago and they were very clear that for a company that is trading, self assessment for directors is a must, so they can at the very least charge you national insurance (and tax as well).

Entering both employment and director information would be more from a good character issue than employment issue for the Home Office. Not completing one or the other may (I stress the word may) lead to them believing that you are hiding something.

I don't think its an issue that you wont be making any money in this period (either via employment or as a director). The issue is, have you declared everything you are suppose to declare. And since you are still employed and are a director of a company, the way I read the application, you should declare both those facts.

Ray

mahesh008 · Post by **mahesh008** » Tue Jun 22, 2010 10:30 pm

So finally, in my situation, shall I give the company name where I'm on unpaid leave or my ltd company name where I have not yet set up the PAYE.

raymasa2 · Post by **raymasa2** » Wed Jun 23, 2010 8:04 pm

mahesh008 wrote:So finally, in my situation, shall I give the company name where I'm on unpaid leave or my ltd company name where I have not yet set up the PAYE.

Personally, I think you need to do both. Because you still have a job (on unpaid leave) so you need to do that. You are also a director of a company, so you need to provide that. In my opinion you need to provide both.

This has nothing to do with you getting paid or not. This has to do with you giving them they information they want. If you are employed you need to tell them, if you are a director you need to tell them. In your case you are both, so need to provide both information.

BUT, I am not an expert. This is my personal view. Which may or may not be correct. John and others here know far more on this than I do.

Ray

mahesh008 · Post by **mahesh008** » Wed Jun 23, 2010 10:11 pm

Jonh, as with the raymasa2 quote, if I write both will they make the application for further investigation. as I have just incorporated the company I don't think i will be able to get self-assessment till next year.

I think if mention about the ltd company, I'm asking HO go through my application even very deep.

Please correct me if I'm wrong.

THank you

chandru2011 · Post by **chandru2011** » Wed Jan 19, 2011 11:16 pm

Hi mahesh008,
I will be eligible for naturalisation in a month's time from now. However my company has started trading and i am yet to submit my self assessment which as you might already know by now won't be due till September 2011 according to company taxation policies.
Can i ask did you manage to apply for naturalisation and how did it go for you?
What did you fill in the form in the end, as a company director, employed or both?
Also what documents did you need to provide if you applied as a company director?
Please reply at the earliest since i need to call to book an appointment.
Many thanks in advance.

PS: Also other experts here in the forum if you can shed some light on this matter, your help would be much appreciated.

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Naturalization for a company director(one month old company)

Naturalization for a company director(one month old company)

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