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LHuang wrote:My Situation:
Director of a limited company, owns 70% share, minimum salary, have drawn dividend quaterly from the company's profit. Current leave expires in mid November.
Questions:
1. Would I be categorised as self-employed?
as per UKBA you are self employed
2. Solicitor said Liverpool PEO doesn't accept applications from self-employed; Another post in this forum said Glassgow PEO also doesn't accept such applications. Will I be better off posting the application?
i am not sure let other members reply
3. Some say the new visa will give 2/3 years starting from the date of expiry of the previous visa if you apply within 3 months in advance, even for PEO applications. Is that true?
as per current rule if your first visa is 2 years u will get 3 years extension and if it is 3 years u will get 2 years extension
4. A friend in the exact same situation was asked to produce evidence of Class 2 NI paid - I believe we shouldn't have to pay unless we're registered with HMRC as self-employed or sole trader which we are not. The definition of “self-employed” seems to be different for UKBA and HMRC. How should I deal with this situation.
AFAIK sole trade has to pay class 2 NI and i think in ur case u have to pay class 1 NI as u draw salary
5. Have people in similar situations applied by themselves and succeeded or used solicitors instead?
search this forum u will find several people who gone ahead without solicitor
Thanks,
Lin
no u dont have to show same level of income or more during your ilr or extension. u just need to score minimun number of pointsLHuang wrote:Forgot this one:
If my income is significantly higher than the first application, should I reduce the no. of months for which the claim is made, say to 6 months, so that I don't get unecessary extra points which I may have to match when I apply for PR.
Or if it doesn't affect the next application, should I claim for the full 12 months to make my application stronger?
Thanks for your reply. Really appreciate it.tier1_aspirant123 wrote:LHuang wrote:My Situation:
Director of a limited company, owns 70% share, minimum salary, have drawn dividend quaterly from the company's profit. Current leave expires in mid November.
Questions:
1. Would I be categorised as self-employed?
as per UKBA you are self employed
2. Solicitor said Liverpool PEO doesn't accept applications from self-employed; Another post in this forum said Glassgow PEO also doesn't accept such applications. Will I be better off posting the application?
i am not sure let other members reply
3. Some say the new visa will give 2/3 years starting from the date of expiry of the previous visa if you apply within 3 months in advance, even for PEO applications. Is that true?
as per current rule if your first visa is 2 years u will get 3 years extension and if it is 3 years u will get 2 years extension
4. A friend in the exact same situation was asked to produce evidence of Class 2 NI paid - I believe we shouldn't have to pay unless we're registered with HMRC as self-employed or sole trader which we are not. The definition of “self-employed” seems to be different for UKBA and HMRC. How should I deal with this situation.
AFAIK sole trade has to pay class 2 NI and i think in ur case u have to pay class 1 NI as u draw salary
5. Have people in similar situations applied by themselves and succeeded or used solicitors instead?
search this forum u will find several people who gone ahead without solicitor
Thanks,
Lin
Thanks for your reply.gaurav76.5 wrote:yoiu would to pay class 1 NI..although that doesn't effect extension..You can afterwards you get your extension if you want...
For ILR home office does check whether you have paid your taxes or not so before ILR make sure you have paid all your taxes..
There is no criteria og granting visa leave if you apply before 1 month or 3 month..in most of the cases if you apply early you will get the starting date of visa early which would mean you will fall short of qualifying residential period of 5 years for ILR...
what's your immigration history as in on which visa you have entered and for how long you have been in UK ???
I'll do that. I'll get my P60 for the last year and provide a letter from my accountant to explain this as well.tier1_aspirant123 wrote:yeah generally if you use 12 months earning period and you have been contracting through your own company then at least once you should have made class 1 NI payment you can point that out in your cover letter and if it belongs to last financial year then specify that for current financial year you will be paying it in coming feb and march... ideally it should not be a problem its like company or personal tax return it is not necessary that during application you would have filed the returns for claimed earning period you could do that in future i.e. sometime after the application is made