EEA2 with EU National Director of LTD company

[Imshzd]

My accountant told me that instead of getting a monthly salary I could get money through dividends.

Thanks

This is the best advice.
If you follow this advice,your application will be up to the requirement of article 43 of the treaty establishing the european community self employed.

[piede828]

So you're saying that my accountant should just state that and I should be alright?

[piede828]

Got my business bank statement.

I've called my accountant and he is ok in doing the letter.
At the moment I don't have a UTR and neither a NIN. Am I supposed to get one?

Thanks

[Babz]

Got my business bank statement.

I've called my accountant and he is ok in doing the letter.
At the moment I don't have a UTR and neither a NIN. Am I supposed to get one?

Thanks

So what's your choice?self-employed?..Well,hope i'm not getting you wrong.It seems you don't have a NI number yet.Without NI you can't have UTR..So you need to apply for NI asap

[piede828]

I am really confused at the moment because I don't understand if as a director I am automatically considered self-employed even if I am not getting money from the company if not in the form of director's loan and dividends...

[sheraz7]

I think the suggestions given primarily are very reasonable and straight forward ones (self sufficient). You can still become self sufficient with your business bank statement even without Tax UTR and tax contribution evidences that are vitally needed for proving self employment too.

[piede828]

Problem is that I don't have enough on my bank account to prove that I am self sufficient. I am screwed :-/

[sheraz7]

Problem is that I don't have enough on my bank account to prove that I am self sufficient. I am screwed :-/

If you are not a burden on public resources/benefits then you can become self sufficient on any amount whatever you have.

[piede828]

Well, the UKBA says:

"Economically self-sufficient
Evidence that your EEA national family member has comprehensive sickness insurance
and funds sufficient to maintain yourself and any family members included in this application during the time you intend to reside on this basis. These funds can come from the
employment or self-employment of any of your family members residing in the UK with you.
Documentary evidence of their employment or funds should be supplied. Evidence that
your EEA national family member is in receipt of a pension if they are retired."

I can't see how can I prove I have sufficient funds to maintain myself and my wife at the moment.

[Babz]

Well, the UKBA says:

"Economically self-sufficient
Evidence that your EEA national family member has comprehensive sickness insurance
and funds sufficient to maintain yourself and any family members included in this application during the time you intend to reside on this basis. These funds can come from the
employment or self-employment of any of your family members residing in the UK with you.
Documentary evidence of their employment or funds should be supplied. Evidence that
your EEA national family member is in receipt of a pension if they are retired."

I can't see how can I prove I have sufficient funds to maintain myself and my wife at the moment.

Why not try getting a job...At least one payslip is enough for your application. It's the easiest way...It doesn't matter how much u earn..some employers/agencies even pay weekly....

[piede828]

That could be a solution, thanks! But I don't think it's doable for me: I am working full-time for my company and how would I impact on my tax situation? Sounds complicated...

I am just going to apply for NIN and the UTR and see with that.

My concern is what happens to my wife who has a family permit until August? What if we don't get an answer before then? Would her right to work be extended until she'll get a reply?

Thanks a lot. You're really being helpful here.

[Babz]

That could be a solution, thanks! But I don't think it's doable for me: I am working full-time for my company and how would I impact on my tax situation? Sounds complicated...

I am just going to apply for NIN and the UTR and see with that.

My concern is what happens to my wife who has a family permit until August? What if we don't get an answer before then? Would her right to work be extended until she'll get a reply?

Thanks a lot. You're really being helpful here.

You still got time..It doesn't take long to get an NI number...May I ask,what does your company do/trade in?

[piede828]

Sure. We design and develop mobile apps

[Babz]

I am working full-time for my company .

In your first post you said: "We are not planning on giving us the directors a monthly salary since we are not employed into the company"

[Babz]

I am working full-time for my company .

In your first post you said: "We are not planning on giving us the directors a monthly salary since we are not employed into the company"

The thing is that, we will end up going round and round in cirlces...Speak to an accountant/immigration solicitor

[piede828]

Well, I dedicate most of my time to the growth of the company's business but I am not employed by it.

[piede828]

I have just found this paragraph on UKBA:

Self-employed earnings within a business or company structure

If you have worked in a self-employed capacity in your own business or company structure and have chosen to keep your earnings within the business or company, you could send:

business or company accounts that meet statutory requirements and show the net profit made for the earnings period claimed; and
a letter from your accountant confirming the details in those accounts.
If you are not the sole shareholder of the company you should also provide a letter from your accountant confirming your shareholding and the proportion of net profit before tax to which you are entitled for the earnings period claimed.

Source: http://www.ukba.homeoffice.gov.uk/visas ... s/#header5

I know it's related to Tier1 but don't you think could also be my case?

[fysicus]

I have been in this situation for more than 9 years now, and I see a lot of confusing remarks in this discussion so far.

The situation is really very simple. As a director you are automatically also an employee of the company (even if you are not paid a salary, or do not have an employment contract in writing). That is all that matters to UKBA. On various occasions, when I had to prove I was exercising treaty rights, I have submitted a letter like this:

I declare that mr X has been employed by company Y in the role of director from (start date) until the present day, and is expected to remain in this role for the foreseeable future.

And then let it sign by my co-director (or the company secretary). Never caused me any problems.

You have another hat: shareholder. That enables you to do some tax optimisation by choosing how much to pay as salary and how much as dividend. That's one of the advantages of this construction, but is irrelevant for immigration purposes.

[Babz]

I have been in this situation for more than 9 years now, and I see a lot of confusing remarks in this discussion so far.

The situation is really very simple. As a director you are automatically also an employee of the company (even if you are not paid a salary, or do not have an employment contract in writing). That is all that matters to UKBA. On various occasions, when I had to prove I was exercising treaty rights, I have submitted a letter like this:

I declare that mr X has been employed by company Y in the role of director from (start date) until the present day, and is expected to remain in this role for the foreseeable future.

And then let it sign by my co-director (or the company secretary). Never caused me any problems.

You have another hat: shareholder. That enables you to do some tax optimisation by choosing how much to pay as salary and how much as dividend. That's one of the advantages of this construction, but is irrelevant for immigration purposes.

Did you have to submit any other documents(i.e payslips,bank statement,Contract(s) of employment,Letter(s) from employer confirming employment. etc)?

[piede828]

Were the letters that you mention used to prove treaty rights to UKBA? Because that would be a great simplifaction!

[fysicus]

Exactly, the letter as quoted is a Letter from employer confirming employment and as such sufficient to prove the exercising of treaty rights. I never sent bank statements or an employment contract.

Mostly I did add a printout of the company details, as you can extract from the WebCheck service on the Companies House website. That is not really necessary as UKBA can check this website themselves, but it gives a good impression.

[Babz]

Exactly, the letter as quoted is a Letter from employer confirming employment and as such sufficient to prove the exercising of treaty rights. I never sent bank statements or an employment contract.

Mostly I did add a printout of the company details, as you can extract from the WebCheck service on the Companies House website. That is not really necessary as UKBA can check this website themselves, but it gives a good impression.

In a situation whereby you are the only director of the company,is it possible to write and SIGN the letter on behalf of yourself?

[fysicus]

I would think so, but in my situation I could avoid it so I have no confirmation from experience.

I suppose the most important thing is that UKBA needs to be convinced that the company is a genuine, viable and profitable business, which is of course easier the longer it is in existence. For a new company they might request additional information. What that is can differ from case to case.

[sheraz7]

As per OP's 1st post this company only started few months ago and OP as a director not even have TAX UTR and NI contribution evidences then on what ground UKBA be convinced that this company is viable and profitable.

[fysicus]

Not knowing the nature of the business I can only speculate, but I can easily imagine some credible cases.

1. if the investors (shareholders) have put a lot of money in the business

or

2. if there are contracts with customers in place

etc.

It is not uncommon for a startup company that the cashflow starts only after a few months or even later.