absence for self employed

[Immigrant06]

Dear all

does any body know who will issue the letter in case a person is self employed for UK absences.

Accountant, or self or client???

Thanks.

[Lucapooka]

What letter? Can you elaborate on your question as it's not obvious as to what you are referring to.

[Immigrant06]

1) Actually I have been absent for around 210 days (non of the trip is more than 90 days) from UK for last 5 years in UK. Some trips were business and some of personal nature.

2) During all these holidays, my employment was continued and paid.

3) I am also employee and owner of my company.

Now should I apply for ILR? and for absences, what type of letter should be prepared?

[geriatrix]

Dear all

Does anybody know how much one claim the paid annual leaves if you are employed and owner of your company?

Thanks

[geriatrix]

Dear all

Does anybody know how much one claim the paid annual leaves if you are employed and owner of your company?

Thanks

With 30-32 annual leaves being the norm, it should be 150-160 odd days in 5 years.

[Immigrant06]

HI sushdmehta

Do you have any information that if one is director and employee of the company, is he still entitled to have the paid annual holidays?

OR

That falls as self employed and no paid annual paid holidays?

[Immigrant06]

Hi Can anybody share experience?

[Immigrant06]

Hi experts,

Can anybody share the experience if he was director and employee of his own company and claimed PAID ANNUAL holidays ?

[Immigrant06]

What letter? Can you elaborate on your question as it's not obvious as to what you are referring to.

HI meant,

1) Letter/proof of PAID ANNUAL LEAVES from the accountant I am director and employee of my company.

2) Letter/proof of Business Trips

Regards

[geriatrix]

Search and you'll find.

ILR Success 544 days out of UK – Same day service Croydon
ILR success - employment & director + >3month absence

[ITGraduate]

Hi Experts,

I'm on the same boat as Immigrant06. However I dont own a company nor a director. All I do is work for a Us company, self employed in UK, invoice them everymonth and receive my monthly salary

Please can the experts clarify

1- DO I have to register my own company?

2- Can I get a letter from my client in US for whom I work from UK to prove my absence outside UK?

Please help !!

Thanks

[geriatrix]

All I do is work for a Us company, self employed in UK, invoice them everymonth and receive my monthly salary

How can you receive salary when you invoice the US company you work for? Clients make payments against invoices, and those payments are not called "salary".

1. You need to register a company only if you form a company.
2. The links given above should provide you with useful information about documentary evidence(s) to support "business related" absences from UK for settlement application by self-employed applicants.

[ITGraduate]

All I do is work for a Us company, self employed in UK, invoice them everymonth and receive my monthly salary

How can you receive salary when you invoice the US company you work for? Clients make payments against invoices, and those payments are not called "salary".

1. You need to register a company only if you form a company.
2. The links given above should provide you with useful information about documentary evidence(s) to support "business related" absences from UK for settlement application by self-employed applicants.

Dear Sushmehta,

Many Thanks for your prompt reply.

I'm sorry, many thanks for correcting me. I receive monthly payments ( few months I dont receive as I dont do any work for them ) .

1- I dont own a company. Since I registered self employed I am working for the same Us company. SO I assume its not mandatory for me to register a company?

2- If I havent registered a company, Can I get a letter from my US company that I get 28 days of annual leave every year?

Thanks for your patience for answering my questions

Many Thanks for directing me to those very useful links.

[geriatrix]

How can a "client" authorize "leave" for a vendor / supplier / contractor / service provider - be it 1 day or 28 days ... or 365 days in a year?

[ITGraduate]

How can a "client" authorize "leave" for a vendor / supplier / contractor / service provider - be it 1 day or 28 days ... or 365 days in a year?

Oh My God, I think I am in deep trouble then. I was always thinking I can get a letter from my client to prove my days outside UK for my business visits. I've been outside UK working for my clients customers so far 210 days in 4y6m( none of them more than 30 days ) . I dont know what to do now. I'm glad you informed me of this now.

What should I do? I sincerely apologise if I'm asking too many questions. Its just I am extremely confused and stressed. Please help

Thanks,

[geriatrix]

The problem is that you are self-employed but thinking as if you are employed. And you must understand the difference between "absence on account of leave(s)" and "absence on account of business purposes / obligations".
1. Self-employed individuals authorise their own leave(s). Any absence from UK when on such "leaves" cannot be authorised by a "client".
2. Any absences for "business related" purposes can be supported by letters from "clients" certifying that the person in question was on client location(s) to fufill business need / obligation (along with other evidences to support your claims - read the linked topics).

[goldfish]

As sushdmehta states, a client is not an employer so cannot authorise annual leave.

However, for business trips you could ask them for a letter stating that you were required to be in [location] on [dates] for the project you were working on for them.

Then hopefully any other absences (i.e. not business trips) would be within limits.

Keep us updated on the documents you send and outcome of your application.

[ITGraduate]

The problem is that you are self-employed but thinking as if you are employed. And you must understand the difference between "absence on account of leave(s)" and "absence on account of business purposes / obligations".
1. Self-employed individuals authorise their own leave(s). Any absence from UK when on such "leaves" cannot be authorised by a "client".
2. Any absences for "business related" purposes can be supported by letters from "clients" certifying that the person in question was on client location(s) to fufill business need / obligation (along with other evidences to support your claims - read the linked topics).

Many Thanks Sushmehta!! I appreciate your quick and positive reply.

so I'll still get a letter from my client that I was working outside Uk as you advised. I hope this will help me overcome my problems of more than 180 days

Thanks again

[ITGraduate]

As sushdmehta states, a client is not an employer so cannot authorise annual leave.

However, for business trips you could ask them for a letter stating that you were required to be in [location] on [dates] for the project you were working on for them.

Then hopefully any other absences (i.e. not business trips) would be within limits.

Keep us updated on the documents you send and outcome of your application.

Dear Goldfish,

Many Thanks for further clarification, Its because of people like you and sushdmedta people like me come to this forum to get our issues sorted.

1- So as you suggested I will get a letter of my client to prove I was outside UK on business trips ( 160 days none of them more than 30 days ) . I was also away 50 days on holiday during this 4y6m period.

I hope they will not reject this saying I am not entitled for annual leave as I dont own a company nor I am a director

Thanks very much again

[Immigrant06]

1. Self-employed individuals authorise their own leave(s). Any absence from UK when on such "leaves" cannot be authorised by a "client".

Hi sushdmehta

Sorry it is a little bit repitition but:

Is it good idea that company secretary or accountant issues such letter if the director is also employee for ANNUAL LEAVES.

[goldfish]

Dear Goldfish,

Many Thanks for further clarification, Its because of people like you and sushdmedta people like me come to this forum to get our issues sorted.

1- So as you suggested I will get a letter of my client to prove I was outside UK on business trips ( 160 days none of them more than 30 days ) . I was also away 50 days on holiday during this 4y6m period.

I hope they will not reject this saying I am not entitled for annual leave as I dont own a company nor I am a director

Thanks very much again

Happy to help. I am a director and employee of a limited company. I plan to get a letter like the one described above from my client when I get to ILR. It is still some time away for me so I could not say how UKBA will treat the letter, but I hope it will go well for your application.

[ITGraduate]

Thank you Goldfish

I wish all goes well for you with your letter and ILR. Please keep us posted on the outcome

Thanks