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VAF 10 dependent form help for Limited company

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sumitt
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VAF 10 dependent form help for Limited company

Post by sumitt » Sat Oct 15, 2011 12:27 am

Hi,

I am on Tier 1 general migrant visa. i want to apply for my wife's visa. I am currently contracting through my own company ( as Director). So i am an employee of my company but consulting for client.
So what should i put in 7.14 , 7.16 and 7.17 section
Director or consultant??

Anybody with limited company structure please help.

Thanks in advance
Sumit

geriatrix
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Post by geriatrix » Sat Oct 15, 2011 2:49 pm

Reading this topic should help.
Life isn't fair, but you can be!

sumitt
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Post by sumitt » Sat Oct 15, 2011 4:05 pm

Thanks Sushdmehta for the link.

I totally understand the it is factually correct to give title as Director (of my own company) in 7.14 ( since i am employee of my own company as director) and i can provide my company's registered address 7.16. ( that is actually my accoutant company address).

Only question bothers me is then

7.17 Main contact in the company. : i am only person in my company. IF i give my name and number. It perhaps does not make any sense. Visa office is asking this question perhaps for verification and giving my name there defeats that purpose.

Also in this case i dont know the what to fill in expected date to finish.

Can you please help me in this regards.
Shall be very thanks ful to you.

Sumit

John
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Post by John » Sat Oct 15, 2011 7:06 pm

.... ( since i am employee of my own company as director) ...
Absolutely not! A Director is the holder of an office, and is not also an employee of his/her company unless a Contract of Employment has been drawn up, which would be unusual.

Para 6 of the Immigration Rules is a long list of definitions, including :-
"Self-Employed" means an applicant is registered as self-employed with HM Revenue & Customs, or is employed by a company of which the applicant is a controlling shareholder.
So in UKBA's eyes you are classed as self-employed, although in HMRC's eyes you are within the definition of "holder of office or employment".
John

geriatrix
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Post by geriatrix » Sat Oct 15, 2011 10:30 pm

7.14 asks for your job (not necessarily title / designation), which you should answer as contractor or consultant or self-employed as contractor / consultant.
7.15 registered address of the company you are the director of.
7.16 put your details (and perhaps) your accountant's details.
Life isn't fair, but you can be!

sumitt
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Posts: 49
Joined: Sun Aug 28, 2011 11:32 am

Post by sumitt » Sun Oct 16, 2011 10:12 am

Hi Guys ,

Thanks for replies and information.

@ JOhn: Thanks for information. I am not so conversant with this terminology. Since i am getting a salary from my company, I thought I am employee of my company. but sorry for my ignorance, I am not able to relate it to original query. can you please help

@sushdmehta: In VAF 10 form guidance (not policy guidance) it is mentioned to give job titile and provide documentary evidence for that. Thats why i am so keen on knowing that the information should be correct. As the proofs would differ. If i write director: then i would provide share certificate and income ceetificate from accoutant. If consultant then perhaps a client reference letter comfirming my claim would be fine.

Also can you please suggest what to fill in Expected date to finish.
I dont have any dates as of now a director. ( i assume no employee shall have). As consutlant i have my contract date.

@sushdmehta: can you please help me locating any similar relevant post. As i would assume i am not the first person with limited company calling my dependents.

Thanks guys for your help.

Best Regards
Sumit

geriatrix
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Post by geriatrix » Sun Oct 16, 2011 11:38 pm

1. Your client has nothing to do with regards to these questions or associated documentary evidences. A "client" is a "client", who has no say in the "job title / designation" of a self-employed individual.

You provide services to a client on behalf of a limited company that you are a director and controlling shareholder of. You are not "employed" by a client, but your client enters into an commercial agreement (contract) with your limited company - with the implied expectation that an office bearer of the limited company will fulfil the terms of the contract.

Imagine a software engineer who works through a limited company that he is a director of. Will his job be "director" or "software engineer (or self-employed as software engineer)"?
Likewise, imagine a plumber. Is his job "plumbing (or self-employed as plumber)" or "director"?

2. Leave end date blank ... unless you wish to fire yourself as a director of your own company on a date in the near future. If so, give that date.
Life isn't fair, but you can be!

msk1977
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Post by msk1977 » Tue Oct 18, 2011 8:09 pm

Hi sushdmehta,
Thanks for clarifying out doubts. I still have queries on this subject. Can you kindly clarify.

I started my limited company this month i.e. 1st of october. I am the sole director and shareholder. I am drawing minimum salary and remaining amount as dividend.
would just providing a letter from my tax consultant and one payslip and one dividend voucher copy be good enough ? Are payslip and dividend mandatory documents to be provided ? I have a letter issued by company house which mentions I am the directory and share holder of my limited compnay. I am showing more than the required maintenance funds for past three moths for both myself and my wife. In that case why do we need to show payslips ?

Thanks for any info in this regard.

Thanks

John
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Post by John » Tue Oct 18, 2011 8:42 pm

would just providing a letter from my tax consultant
In what way is your Tax Consultant professionally qualified? What qualifications does he/she have?
John

msk1977
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Post by msk1977 » Tue Oct 18, 2011 8:47 pm

He is a chartered accountant.

John
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Post by John » Tue Oct 18, 2011 10:31 pm

That is fine, Chartered Accountants are on the list of those accepted by UKBA.
John

msk1977
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Post by msk1977 » Wed Oct 19, 2011 7:39 am

Thanks John,
but that did not clarify all my queries. I would like to know whether all the below documents are mandatory.
1) Letter from my Tax consultant
2) Limited company letter from company house which mentions I am the director
3) payslips/dividends.

I have started working from Oct 2011, so I will have only 1 payslip and 1 dividend voucher. Is that fine ?

Thanks

John
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Post by John » Wed Oct 19, 2011 8:46 am

Using your numbering :-
  1. Yes
  2. I would expect the Accountant's letter to mention the shareholding, and your Directorship, but no harm in you paying £1 and downloading a Current Appointments Report from the Companies House website, and enclosing that.
  3. Yes
John

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