urgent: Sole director of own limited company

dex123 · Post by **dex123** » Tue Jan 25, 2011 5:16 pm

I have an NCS appointment for tomorrow and this questions concerns my wife. She has been in UK for over 5 years. Initially she was working as an employee for about 2.5 years. Then she contracted through an umbrella company for about 1 year. For last 1.5 years she has been contracting as the sole director of her own limited company. At present she is working at a UK bank in a London office. She draws monthly salary (on which her own limited company pays NI and Tax through PAYE) and has so far withdrawn lump-sum dividends twice (once in each financial year).

Questions:
1. Section 3.1, in 'What is your occupation', I have put her as IT Business Analyst within brackets I have mentioned that contracting through own limited company as a sole director. Is it correct?
2. Section3.2, it asks whether you are employee, self employed,director etc. I have ticked Director. Should I also tick employee or is it understood? I don't think she is 'self-employed', but can anyone please confirm this as well?
3. Section 3.3, in 'Name of employer' I have put the name of her own limited ompany (also gave its company number just in case). Is it correct?
4. Section3.4, in 'Address of emplyer' I have put our home address which is where the limited company is registered. Is it correct?
5. I think she is not self-employed and hence there is no proof needed for tax etc. Is it correct? Having said that she has already filed her return for 2009-10 through her accountant and she has the 'self assessment statement' from HMRC (which actually shows an overpayment) which was issued a couple of months back. I will ask NCS to definitely include it (just in case).

Sorry guys for the last minute stuff. I thought I understood it however I was discussing it with some friend and thought it best to clarify this to avoid any confusion.

Any help will be greatly appreciated.

chandru2011 · Post by **chandru2011** » Tue Jan 25, 2011 7:49 pm

dex123 wrote:I have an NCS appointment for tomorrow and this questions concerns my wife. She has been in UK for over 5 years. Initially she was working as an employee for about 2.5 years. Then she contracted through an umbrella company for about 1 year. For last 1.5 years she has been contracting as the sole director of her own limited company. At present she is working at a UK bank in a London office. She draws monthly salary (on which her own limited company pays NI and Tax through PAYE) and has so far withdrawn lump-sum dividends twice (once in each financial year).

Questions:
1. Section 3.1, in 'What is your occupation', I have put her as IT Business Analyst within brackets I have mentioned that contracting through own limited company as a sole director. Is it correct?
2. Section3.2, it asks whether you are employee, self employed,director etc. I have ticked Director. Should I also tick employee or is it understood? I don't think she is 'self-employed', but can anyone please confirm this as well?
3. Section 3.3, in 'Name of employer' I have put the name of her own limited ompany (also gave its company number just in case). Is it correct?
4. Section3.4, in 'Address of emplyer' I have put our home address which is where the limited company is registered. Is it correct?
5. I think she is not self-employed and hence there is no proof needed for tax etc. Is it correct? Having said that she has already filed her return for 2009-10 through her accountant and she has the 'self assessment statement' from HMRC (which actually shows an overpayment) which was issued a couple of months back. I will ask NCS to definitely include it (just in case).

Sorry guys for the last minute stuff. I thought I understood it however I was discussing it with some friend and thought it best to clarify this to avoid any confusion.

Any help will be greatly appreciated.

Hi dex123,
I am in a similar situation as your wife and in fact i have asked similar question in one of other threads. But still waiting for an answer,suggest you check it out first.
http://www.immigrationboards.com/viewto ... c&start=20
In that thread they say you just need to mention actual facts, in your wife's case section 3.1 and3.2 answers are right, you can't tick on employee since she owns the company, but it also depends how exactly she is taking her income, if she is taking a salary and dividend as well maybe you need to tick both employee and director and then explain in the last page where they say furnish any more information.
I agree with section 3.3 and 3.4 cent percent
Section 3.5 though i think you will need to mention tax office reference which i am sure is available for a company as well, you can check with her accountant to be sure.
Good luck and post here as to the outcome including what the NCS says will be needed. There is a general lack of information on these forum as to what documents and details are needed if applying for naturalisation as a company director, your experience will benefit not only me but all others who come looking for it.
I will be online till late night today, ask away if you have any more questions, or pm me.

dex123 · Post by **dex123** » Tue Jan 25, 2011 10:43 pm

Thanks chandru2011. I will definitely post if there is any further clarification from NCS, however I suspect they will not be sufficiently informed in these matters. So I will basically have to direct them.

For 3.2, I am planning to tick both director and employee. Having thought about it, it can't hurt. She is in reality both. She is a director and she is an employee (because she draws a salary through PAYE from her company).

For 3.1, 3.3 and 3.4 I will leave it like I said in my original post.

For 3.5, I have given her UTR, her tax reference (which in all HMRC communication is her NI number), and the tax office address. I am now planning to add her employer reference as well which is basically used on her P60 issued to her last year from her own limited company. In terms of documentation, since she is not self employed so ideally nothing should be needed. However to be on the safe side I will ask NCS to attach the latest Self Assessment Account Statement (1-pager) issued to her by HMRC for 2009-10. With all these reference numbers hopefully UKBA will have enough information to look for any further information if they want to.

Let me know if you have any thoughts on the same or think I should be doing anything differently.

ukpl · Post by **ukpl** » Wed Jan 26, 2011 10:32 am

dex123 wrote:Questions:
1. Section 3.1, in 'What is your occupation', I have put her as IT Business Analyst within brackets I have mentioned that contracting through own limited company as a sole director. Is it correct? IT Specialist would suffice - no need to put anything in brackets
2. Section3.2, it asks whether you are employee, self employed,director etc. I have ticked Director. Should I also tick employee or is it understood? I don't think she is 'self-employed', but can anyone please confirm this as well? Director and employee (it doesn't matter who owns the company - she has a job contract with her own company so is employee).
3. Section 3.3, in 'Name of employer' I have put the name of her own limited ompany (also gave its company number just in case). Is it correct? Correct, number not needed but won't harm
4. Section3.4, in 'Address of emplyer' I have put our home address which is where the limited company is registered. Is it correct? Correct
5. I think she is not self-employed and hence there is no proof needed for tax etc. Is it correct? Having said that she has already filed her return for 2009-10 through her accountant and she has the 'self assessment statement' from HMRC (which actually shows an overpayment) which was issued a couple of months back. I will ask NCS to definitely include it (just in case). If she only works through her own ltd company and is not registered in HRMC as self-employed than she is not S/E. She may do other things like for instance being a landlord or doing mystery shopping, then she would need to register as self-employed and tick the box. However, from what you said, she is not S/E. She does self-assessment because of dividends drawn - it doesn't make her S/E

dex123 · Post by **dex123** » Thu Jan 27, 2011 2:10 pm

Thanks ukpl. To be on the safe side I included more information in my application (like limited company number, VAT registration number etc). I also included the latest Self assessment statement from HMRC. NCS asked me if I had last year's statement as well, which I had, so they included that as well. Don't think they would have insisted for last year's if I didn't have it. They also included her P60 (issued by her own limited company) but again don't think they would have insisted if it wasn't there.

iyanu · Post by **iyanu** » Thu Jan 27, 2011 2:33 pm

I really like this thread...it is a very good and handy reference for director(s) of company!

Good contributions from chandru2011 and ukpl!

I wish you the best of luck in your application dex123 and a speedy approval too.

Cheer!

chandru2011 · Post by **chandru2011** » Fri Mar 04, 2011 12:05 am

Hi Guys,
I got the cofirmation letter today granting me citizenship. It appears very easy now. Anyway if anybody needs advice and it they are working as a limited company contractor/director let me know if you have any queries and i will try to help as best as i can.
Thanks IB for the wealth of knowledge it has.

allta · Post by **allta** » Fri Mar 04, 2011 9:22 pm

chandru2011 wrote:Hi Guys,
I got the cofirmation letter today granting me citizenship. It appears very easy now. Anyway if anybody needs advice and it they are working as a limited company contractor/director let me know if you have any queries and i will try to help as best as i can.
Thanks IB for the wealth of knowledge it has.

Congrats Changru2011, I'm so happy for you and to find a director of a limited company granted citizenship.

Your experience is invaluable to many of us, so please I have some questions:

1. I've requested Statement of acct for financial year 2009/2010 from HMRC (Even though I started running the company late March 2010)
2. Also I requested for my Tax calculations.
3. My accountant has given me a letter to confirm all taxes and NI for 2010/2011 were paid regularly and that I'm up to date.

So, my question is: Are these docs enough to proof that I don't owe NI and PAYE for year 2010/2011? Since I can't get statement of self assessment for 2010/2011.

Also, my wife currently lives abroad, do you think it might affect the "future intentions" requirement? I've spent only 75 days outside the country in the last 12months and just about 160days in the last 3years. I was hoping having fulfilled the residential requirements that I will qualify for the future intentions.....I'm so worried now....can't wait to scale this one last hurdle

Allta

John · Post by **John** » Fri Mar 04, 2011 9:50 pm

allta, in the form AN and guide AN, what does it say about providing evidence about the matters you are concerned about? Don't you think, it might be useful to check what evidence UKBA actually require?

Many people are surprised just how little evidence needs to be supplied when applying for Naturalisation.

Also, read the declaration you need to sign at the end of the form AN. You are authorising UKBA to have access to your HMRC records!

allta · Post by **allta** » Fri Mar 04, 2011 10:35 pm

John wrote:allta, in the form AN and guide AN, what does it say about providing evidence about the matters you are concerned about? Don't you think, it might be useful to check what evidence UKBA actually require?

Many people are surprised just how little evidence needs to be supplied when applying for Naturalisation.

Also, read the declaration you need to sign at the end of the form AN. You are authorising UKBA to have access to your HMRC records!

Thanks I've read the form and guide AN, also I've gone through the caseworker notes for naturalisation concerning these matters, I think I'll be fine with the Tax records. The future intentions requirement is discretionary and I want to clear it up in my head that my wife living abroad will not impact my application. We just got married and I don't want to lie on the form that I'm still single.

chandru2011 · Post by **chandru2011** » Tue Mar 08, 2011 8:35 pm

allta wrote:
John wrote:allta, in the form AN and guide AN, what does it say about providing evidence about the matters you are concerned about? Don't you think, it might be useful to check what evidence UKBA actually require?

Many people are surprised just how little evidence needs to be supplied when applying for Naturalisation.

Also, read the declaration you need to sign at the end of the form AN. You are authorising UKBA to have access to your HMRC records!
Thanks I've read the form and guide AN, also I've gone through the caseworker notes for naturalisation concerning these matters, I think I'll be fine with the Tax records. The future intentions requirement is discretionary and I want to clear it up in my head that my wife living abroad will not impact my application. We just got married and I don't want to lie on the form that I'm still single.

What is your wife's visa status?
Because at the time of applying my wife had just come back from a long family visit abroad but she was physically present here 5 years ago, also the application guide makes it quite clear that they just want the applicant to be in the UK 5 years ago on the date you are actually submitting your application. From what you are saying it appears your wife is yet to arrive in this country, is that right?

allta · Post by **allta** » Thu Mar 10, 2011 1:56 pm

chandru2011 wrote:
allta wrote:
John wrote:allta, in the form AN and guide AN, what does it say about providing evidence about the matters you are concerned about? Don't you think, it might be useful to check what evidence UKBA actually require?

Many people are surprised just how little evidence needs to be supplied when applying for Naturalisation.

Also, read the declaration you need to sign at the end of the form AN. You are authorising UKBA to have access to your HMRC records!
Thanks I've read the form and guide AN, also I've gone through the caseworker notes for naturalisation concerning these matters, I think I'll be fine with the Tax records. The future intentions requirement is discretionary and I want to clear it up in my head that my wife living abroad will not impact my application. We just got married and I don't want to lie on the form that I'm still single.
What is your wife's visa status?
Because at the time of applying my wife had just come back from a long family visit abroad but she was physically present here 5 years ago, also the application guide makes it quite clear that they just want the applicant to be in the UK 5 years ago on the date you are actually submitting your application. From what you are saying it appears your wife is yet to arrive in this country, is that right?

You're spot on chandru2011, she's American and yet to arrive in the UK, I'm trying to save $1500 for now as that's what will cost to apply for her entry clearance. I want to sort out my BC first and then concentrate on moving her over. She'll probably not join me until later in the year. But yes, I fulfil the residential requirement, only spent 75days in last 1yr like I've said.

chandru2011 · Post by **chandru2011** » Fri Mar 11, 2011 9:36 pm

allta wrote:
chandru2011 wrote:
allta wrote:
John wrote:allta, in the form AN and guide AN, what does it say about providing evidence about the matters you are concerned about? Don't you think, it might be useful to check what evidence UKBA actually require?

Many people are surprised just how little evidence needs to be supplied when applying for Naturalisation.

Also, read the declaration you need to sign at the end of the form AN. You are authorising UKBA to have access to your HMRC records!
Thanks I've read the form and guide AN, also I've gone through the caseworker notes for naturalisation concerning these matters, I think I'll be fine with the Tax records. The future intentions requirement is discretionary and I want to clear it up in my head that my wife living abroad will not impact my application. We just got married and I don't want to lie on the form that I'm still single.
What is your wife's visa status?
Because at the time of applying my wife had just come back from a long family visit abroad but she was physically present here 5 years ago, also the application guide makes it quite clear that they just want the applicant to be in the UK 5 years ago on the date you are actually submitting your application. From what you are saying it appears your wife is yet to arrive in this country, is that right?
You're spot on chandru2011, she's American and yet to arrive in the UK, I'm trying to save $1500 for now as that's what will cost to apply for her entry clearance. I want to sort out my BC first and then concentrate on moving her over. She'll probably not join me until later in the year. But yes, I fulfil the residential requirement, only spent 75days in last 1yr like I've said.

If it is only you who is applying for citizenship, then you don't need to bring your wife into the picture. Yes, your status is married, but that should not create any problems for you to get BC.
You have mentioned so many documents in your previous post, i had none of those for the application. My company is just over a year old and i have not even filed my first tax returns.
These are the documents which i produced:
1. Letter from accountant outlining my status as a sole company director and my dividend earnings for the last 12 months.
2. Dividend voucher.
3. Annual returns, which as you know just outlines the who's who of my company.
But i did mention the tax office reference numbers for my company as well as the PAYE ref nos for myself.
All in all i applied for BC on 11th of Feb and i got confirmation on the 4th of March, which is unbelievable according to me at least.

luckylondon · Post by **luckylondon** » Fri Aug 29, 2014 12:18 pm

[quote="chandru2011"]Hi Guys,
I got the cofirmation letter today granting me citizenship. It appears very easy now. Anyway if anybody needs advice and it they are working as a limited company contractor/director let me know if you have any queries and i will try to help as best as i can.
Thanks IB for the wealth of knowledge it has.[/quote]

Hi, chandru2011...can you help me please

I had recently open a LTD company on August 2014 and I am the director....My naturalization application is due in December 2014.
so what documents do i need to submit ........as it new Company and I only have incorporation certificate and UTR number.

What else do I need ?

Cosmos1 · Post by **Cosmos1** » Fri Aug 29, 2014 2:28 pm

Section3.4, in 'Address of emplyer' I have put our home address which is where the limited company is registered. Is it correct? Correct

Hi

Since you seem to be successful with your application, just wanted to ask you on this, since also you have your own company.

Given that you are running your own ltd company (you may be a software contractor I suppose) did you have to get anything special in terms of documents from anybody to use the home address for business address - i.e. No-objection letter from your landlord (if you are renting your house) or No objection letter from your mortgage company (if you own the house), in order to prove that registering and/or having the home (residential) address as a trading address as well, is not a problem?

Also, did you have to get any special permission in writing from the local council, and get their approval that no special "business rates" are payable by you or for even simply for using your own home address as Regd. and trading address for your company.

It will help if you can throw light on these please, since i am in the process of getting some info on this and unfortunately, as it happens in life, i am getting conflicting answers when i ask people about these aspects.

Thanks for your time.

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