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Which one to tick Employed or Self Employed - Pl help

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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meetravi
Junior Member
Posts: 51
Joined: Mon Jul 02, 2012 10:32 am
Location: United Kingdom

Which one to tick Employed or Self Employed - Pl help

Post by meetravi » Tue Jul 10, 2012 3:12 pm

I am a IT Contractor who owns 100% of shareholder and director of a IT Company. I Pay Class1 NIC, Take salary and dividends.

I would like to know which one to tick in Tier 1 Extension application as employed or self employed ?

Irony is my Accountant consider me as employed because I take salary and pay Class 1 NIC even though I am a director of an company where as as per below case worker guidance link at UKBA

http://www.ukba.homeoffice.gov.uk/sitecontent/d...

Please have a read on Annex C

Its mentioned like

"Where an applicant is claiming earnings from the UK and is operating through a limited liability company, they are often involved in the day to day management of the company or are the sole shareholder. In such circumstances, they should be considered as Self-Employed."

So as per UKBA which means I fall on Self Employed category .


Seniors Please help solve this grey area ?

WRS
Member
Posts: 122
Joined: Thu Apr 05, 2012 3:21 pm

Post by WRS » Tue Jul 10, 2012 3:48 pm

What your accountant is saying is correct and what you have seen in UKBA guidance is also correct!

For tax purposes, HMRC considers you employed; while for immigration purposes UKBA guidance says you are self-employed. So, when filling the application you shall follow UKBA guidelines.

Many expereinces on the forum suggests that whatever you tick for this question and as long as you submit all the correct earnings paperwork (Payslips with class 1 NI, dividends, company/personal bank statements etc); the outcome of the application is not affected.

So don't fear of what you should tick for this question, focus on submitting all the required documents.

meetravi
Junior Member
Posts: 51
Joined: Mon Jul 02, 2012 10:32 am
Location: United Kingdom

Post by meetravi » Tue Jul 10, 2012 3:55 pm

Hi WRS,
Thanks a lot for the answer. I was searching for this answer for long time. So I will make sure I tick self employed as per UKBA guidance. I am planning to keep the following.Please let me know if I miss any
  • Accountant Letter mentioning summary of salary,dividend and Class 1 NIC,
    Payslips,
    Dividend vouchers,
    Invoices,
    Last fiscal year company return filed docs,
    Incorporation,
    vat certificate,
    Company Contracts for the assessment period,
    Business and Personal Bank statement.

WRS
Member
Posts: 122
Joined: Thu Apr 05, 2012 3:21 pm

Post by WRS » Tue Jul 10, 2012 4:01 pm

All look good!

Make sure to have the documentation from accountant signed and stamped.

meetravi
Junior Member
Posts: 51
Joined: Mon Jul 02, 2012 10:32 am
Location: United Kingdom

Post by meetravi » Tue Jul 10, 2012 5:26 pm

Thanks WRS.Sure I will get seal and signature from the accountant letter,invoices,payslips and dividend vouchers as well .

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