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Non-earning director of limited company - do I need to declare?

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Katsu_Canuck
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Non-earning director of limited company - do I need to declare?

Post by Katsu_Canuck » Thu May 14, 2020 5:24 pm

Hello - first time poster! I'm working through FLR(M) application, financial section. My partner and I surpass the financial requirements based on employment alone. On the Evidence page it asks, 'Are you a director or non-executive director of a limited company based in the UK?'

My partner and I own our flat together which is a share of freehold. This is managed via a registered limited company which we were named 'directors' and 'shareholders' of when we purchased the flat. The other shareholders/directors consist only of the other 3 flats in the building. No one is paid or receives dividends from this company, it exists just so that we can make decisions for the shared freehold.

My question is, do we both need to answer YES to this question, even though we are not claiming to meet any financial requirements based on the directorship?


If so:
    - any advice on how we could explain this would be helpful, as the limited company won't have been mentioned anywhere else in the application.
      - Guidance on documents we need to submit in this specific case would be much appreciated, as we'll be missing some of the documents required in Immigration Rules Appendix FM-SE.
        - I'll be moving onto FLR(M) from Tier 2 (General) - are there any implications of being an unpaid shareholder/company director that might break Tier 2 visa rules and/or put this application in jeopardy?

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        seagul
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        Re: Non-earning director of limited company - do I need to declare?

        Post by seagul » Thu May 14, 2020 9:15 pm

        That query has been becoming a very frequently asked question due to being raised almost everyday in different forums. The best trajectory to deal it by saying it 'no' as long its not being relied on whilst having other way/source to meet the financial requirement which in your case is your paye job. However, your tax affairs including from directorship with HMRC must be amicable and impeccable as because UKVI sometimes randomly liaise with them.
        Regarding tier 2, based on having very limited knowledge about this route you maynot have problem as per the following official guidance:
        Taking a second job
        You can take a second job on this visa if you’re working up to 20 hours a week in either:

        the same profession as your main job and at the same level
        a profession on the shortage occupation list
        You can also do unpaid voluntary work.

        Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship
        https://www.gov.uk/tier-2-general/second-job
        The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

        Katsu_Canuck
        Newly Registered
        Posts: 3
        Joined: Thu May 14, 2020 4:47 pm
        Canada

        Re: Non-earning director of limited company - do I need to declare?

        Post by Katsu_Canuck » Fri May 15, 2020 10:12 am

        @seagul That's great, thank you!
        I wondered if there are any other threads related to directorship/shareholding in 'share of freehold' companies that you're aware of & could link to? I did try searching the site but couldn't find anything relevant.

        TODMATT
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        Joined: Wed Jun 13, 2012 1:09 pm

        Re: Non-earning director of limited company - do I need to declare?

        Post by TODMATT » Sat May 16, 2020 7:24 am

        The question is default for all applications such as spouse visa AND FLR. The answer is NO because if you answered YES then it will ask you to provide evidence relating to your directorship of the company. The fact that you are using a different route to meet the financial requirement mean there’s nothing to be worried about although you can write a small cover letter to address this points.
        My opinions should not be constituted as an immigration or legal advice.

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