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Staying in UK during JR

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Vegeta
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Posts: 57
Joined: Thu Jun 16, 2011 8:10 pm
India

Ltd company director during Judicial review

Post by Vegeta » Mon Jul 24, 2017 10:21 am

Could someone please help me with below queries.

My ILR was rejected and also AR.

I'm a limited company director and I'll be going through PAP\JR process soon.

1. As my section 3C ended with AR result. I've told my accountant to stop my salary as director. He said he would change the salary to 0. Is that ok? or do I have to de-register from HMRC?

2. Can I still be the director of the limited company while the judicial review process is going on?

3. If so, Can I draw money as dividend?

Thanks

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zimba
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Re: Ltd company director during Judicial review

Post by zimba » Mon Jul 24, 2017 10:45 am

1. As my section 3C ended with AR result. I've told my accountant to stop my salary as director. He said he would change the salary to 0. Is that ok? or do I have to de-register from HMRC?
Remove yourself from payroll for now
2. Can I still be the director of the limited company while the judicial review process is going on?
Yes
3. If so, Can I draw money as dividend?
Yes, as long as you pay the taxes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Vegeta
Junior Member
Posts: 57
Joined: Thu Jun 16, 2011 8:10 pm
India

Re: Ltd company director during Judicial review

Post by Vegeta » Mon Jul 24, 2017 10:54 am

Thanks for your response Zimba. Very helpful.

Vegeta
Junior Member
Posts: 57
Joined: Thu Jun 16, 2011 8:10 pm
India

Staying in UK during JR

Post by Vegeta » Mon Jul 31, 2017 9:58 am

AS posted previously in different topics, my ILR(Tier-1 5 year route) has been refused on 322(5), 19(i),(j) and UKVI has maintained the same decision in Admin review. UKVI has given me 14 days to submit a new application or leave the country. My Tier 1 already expired and I'm now preparing for Judicial review.

Can someone please confirm if I can stay in the UK without any problem till my JR is concluded? Someone told me yesterday that home office would deport you even if you go through JR without a valid application in process, i.e. file some application like FLR just to avoid any deportation and fight JR at the same time. Is it true?

My Solicitor said, as long as JR is under process, I shouldn't worry. Can I trust them?

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CR001
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Re: Staying in UK during JR

Post by CR001 » Mon Jul 31, 2017 10:39 am

JR does not fall under the scope of the immigration rules. It comes under the judiciary. You have no section 3C protection now and will be an overstayer unless the JR process is in your favour.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Vegeta
Junior Member
Posts: 57
Joined: Thu Jun 16, 2011 8:10 pm
India

Re: Staying in UK during JR

Post by Vegeta » Mon Jul 31, 2017 10:50 am

But, can I stay till then without any issues?

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zimba
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Re: Staying in UK during JR

Post by zimba » Mon Jul 31, 2017 11:14 am

Vegeta wrote:But, can I stay till then without any issues?
Not necessarily. You could be removed form the UK as you are an overstayer without a pending application.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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