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So you will be seen in the eyes of UKBA as being self employed.Under Part 6A of these Rules, "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.
I tend to disagree with "So you will be seen in the eyes of UKBA as being self employed."AccountantMatthew wrote:Good question Hassan! It's been a common one recently.
For the purposes of HMRC and everyone else except the UKBA, sole traders are self employed. Legally sole traders and their business are one and the same person.
For a limited company set up, legally the company is one person and the individual is another person. Now, whilst in law just being a director does not necessarily automatically make you an employee, full time (or executive directors) of limited companies are classed as office holders for the purposes of tax and National Insurance contributions (NICs) - so are basically employees in substance.
Therefore if you have incorporated a company where you are the sole director and worker, you are classified as an employee. You can't be self employed as a director of a company.
Where the confusion come in is with UKBA rules as they state in http://www.ukba.homeoffice.gov.uk/polic ... roduction/ that:
So you will be seen in the eyes of UKBA as being self employed.Under Part 6A of these Rules, "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.
Do remember that the only difference in what you ask is the interpretation of what self employment is (so UKBA v everyone else).
The documents you need can be found on guidance on the UKBA website.
When dealing with HMRC, follow what HMRC says about such individuals.Introduction wrote:Under Part 6A of these Rules, "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.
I just go linked to this thread from another post.AccountantMatthew wrote:
Therefore if you have incorporated a company where you are the sole director and worker, you are classified as an employee. You can't be self employed as a director of a company.