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Absences if you are self- employed

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

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linkers
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Absences if you are self- employed

Post by linkers » Wed Apr 18, 2012 1:31 pm

Guys,

I know if you are a salaried employee, you can justify any absences over 90/180 days with a letter from your employer but what if someone is self employed ?

One of my friends is doing a business (imports products from China) and his ILR is due in Nov 2012, but his absences are already over 400 days in last 5 years.

What would be the best way for him to justify that the absences were for business reasons ?

selva
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Re: Absences if you are self- employed

Post by selva » Wed Apr 18, 2012 1:43 pm

linkers wrote:Guys,

I know if you are a salaried employee, you can justify any absences over 90/180 days with a letter from your employer but what if someone is self employed ?

One of my friends is doing a business (imports products from China) and his ILR is due in Nov 2012, but his absences are already over 400 days in last 5 years.

What would be the best way for him to justify that the absences were for business reasons ?
Invoices for the purchase of product from China and any other business related docs covering those days (to justify the reason)

linkers
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Post by linkers » Wed Apr 18, 2012 1:46 pm

Thanks selva :)

ITGraduate
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similar problem

Post by ITGraduate » Fri May 11, 2012 10:34 am

Guys and experts,

I am self employed and I work for a company based in US as a independent consultant. If I am directly employed I know letter from employer will help.

But In my case,

1- Can I prove my business absence by getting a letter from my US client? ( for whom I work in UK and travel outside Uk ) . Will the HO accept a letter from my client?

2- what other proof will I require as a proof to prove my absence outside UK?


Many Thanks for your time

ITGraduate
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Experts please help

Post by ITGraduate » Tue May 15, 2012 11:54 am

Experts/Seniors,

Please could you clarify my query above?

Thanks

linkers
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Post by linkers » Tue May 15, 2012 1:41 pm

ITGraduate: your question looks similar to what I asked on my friend’s behalf. I hope you can justify your absences with as many evidences as you can provide (e.g. letter from your client in US which shows you were paid in UK throughout this time and also any other letter explaining the absences would help).

ITGraduate
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Thank you Sage

Post by ITGraduate » Tue May 15, 2012 2:07 pm

Thanks very much linkers, I will follow your suggestions.

I wasnt sure until your message that my clients letter will help.

Do you think its mandatory for me to get a letter from our customers in Middle East? I visit them in Middle east and I represent my client as a contractor

Thanks,

linkers
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Post by linkers » Tue May 15, 2012 2:18 pm

ITGraduate: I am not 100% sure as most of the people I have seen with absences over 180 days are based in UK and visit other countries for business reasons and they get paid in their UK bank accounts to cover all that time. (they normally get employer letter to justify their absences).

You need to do some more research on your absences to make sure if you need any other type of evidence to prove your absences.

ITGraduate
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Experts please help

Post by ITGraduate » Tue May 15, 2012 3:47 pm

I know through this forum most of the people I have seen with absences over 180 days are based in UK and visit other countries for business reasons and they get paid in their UK bank accounts to cover all that time. (they normally get employer letter to justify their absences).

Please help with my queries:

1- Could you please let me know what should people do who are self employed, travel abroad for work but DO NOT WORK FOR A UK BASED COMPANY.

2- What if they are a independent contractor working for a US based company but still get paid in UK bank account and pay tax and NI in UK.

3- what proof should they provide to prove their absence more than 180 days ?

There are a bunch of people who are struggling to find answer for my queries above

Many Thanks in advance for your time with this

thanks

ITGraduate
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Post by ITGraduate » Tue May 15, 2012 3:48 pm

[quote="linkers"][b]ITGraduate[/b]: I am not 100% sure as most of the people I have seen with absences over 180 days are based in UK and visit other countries for business reasons and they get paid in their UK bank accounts to cover all that time. (they normally get employer letter to justify their absences).

You need to do some more research on your absences to make sure if you need any other type of evidence to prove your absences.[/quote]


THANKS LINKERS, WILL ASK OTHERS TOO!!

ITGraduate
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Dear Experts/Seniors,

Post by ITGraduate » Wed May 16, 2012 10:44 am

I know you all are busy but would appreciate your response to my query above when you get some time

Thanks,

geriatrix
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Post by geriatrix » Mon May 28, 2012 12:24 pm

ITGraduate wrote:I know through this forum most of the people I have seen with absences over 180 days are based in UK and visit other countries for business reasons and they get paid in their UK bank accounts to cover all that time. (they normally get employer letter to justify their absences).

Please help with my queries:

1- Could you please let me know what should people do who are self employed, travel abroad for work but DO NOT WORK FOR A UK BASED COMPANY.

2- What if they are a independent contractor working for a US based company but still get paid in UK bank account and pay tax and NI in UK.

3- what proof should they provide to prove their absence more than 180 days ?

There are a bunch of people who are struggling to find answer for my queries above

Many Thanks in advance for your time with this

thanks
1. How does working abroad for a UK-based "client" or a non-UK-based "client" matter? For a "UK-based client" there should be no need to travel abroad.
2. He can claim absences as business related with supporting evidences from the "non-UK-based client" to confirm the business need to be present overseas, his attendance, work / business carried out while abroad, and payments credited to UK.
3. Similar to those used by employed applicants - the only difference being that such evidences will need to be issued by a "client" rather than by an "employer".

Search the forum, you'll find posts by self-employed applicants who have provided the details you are looking for.
Life isn't fair, but you can be!

ITGraduate
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Dear Sushdmehta

Post by ITGraduate » Mon May 28, 2012 12:45 pm

Many thanks for your response. Its been very helpful.

I'm sorry that my queries were a bit confusing.

I work for a US based company as an Independent contractor from UK. The US based company doesn't have any offices and neither registered in UK. They have their customers in Middle East. I had to travel Middle East more than 120 days in the last 5 years for business ( to provide project management, consultancy etc ) I am self employed and pay my class 2 NI and tax in UK. I also get paid in UK bank account.

Can I get a letter from my company ( the us company in my case for whom I travel abroad ) to prove my absence was genuine and was for business? OR do I have to get a letter from the middle east client for whom I work on behalf of US company?

I'm so sorry if this is not clear and confusing, Please help

thanks,

geriatrix
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Post by geriatrix » Mon May 28, 2012 12:59 pm

If you are self-employed or an employee of a company that you are a controlling shareholder of, then you do not work for anyone other than yourself or for the company that you are an employee of (as the case may be). Everyone else is a "client" that you provide your services to.

So, your US-based-client enters into a contract (with you or your limited company) for you to provide your services to your client's customers in the Middle-East.

Unless you have any sort of contract with your client's customers, I don't think any evidences from them may be particularly useful. The client that you have a contract with and pays for your services is key. The evidences should ideally explain that your contract includes you providing your services to their own customers. That said, I also see no harm in including some supporting letters from your client's customers in Middle-East explaining the arrangement and confirming your presence.
Life isn't fair, but you can be!

ITGraduate
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Post by ITGraduate » Mon May 28, 2012 1:22 pm

Thank You sushdmehta, very helpful information and very clear

Regards

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