Self Employed can apply by using same day service

PK001 · Post by **PK001** » Thu Aug 25, 2011 8:15 pm

Hi,

I am self employed and director of a limited company. I want to apply for ILR based on WP (2 yrs) + Tier 1 (3 yrs). I am running my own company since last year.

My question is, can I use same day service for ILR application being as a self employed?

Casa · Post by **Casa** » Fri Aug 26, 2011 3:54 pm

If you're a director of a Limited company you're not self-employed.
You are an employee.

kkhan · Post by **kkhan** » Fri Aug 26, 2011 9:29 pm

Hi PK001,

i have my friend applied today with director of limited company at PEO glasgow and his application was returned and was asked to apply by post.

I cant see anywhere it written in the guideline but thats the case.

cheers,

khan

PK001 · Post by **PK001** » Sun Aug 28, 2011 10:23 am

Casa wrote:If you're a director of a Limited company you're not self-employed.
You are an employee.

@ Casa - thanks for correction.

I also went to PEO and my application was also returned by mentioning the same reason. The case worker told that this rule was changed in mid april. However I could not find it any where.

Anyways, many of my friends having limited company and director got their ILR during this year (after april) by applying through legal representative and by using the same day service. One got on 22nd of this month from Croyodon.

May be self or legal advisor presence is the difference?

Any thoughts / suggestions?

kkhan · Post by **kkhan** » Sun Aug 28, 2011 5:53 pm

HI PK001,

which PEO did you use for your application.

cheers
khan

jason77 · Post by **jason77** » Sun Aug 28, 2011 11:04 pm

Does this posting apply to the Self-employed in any other visa category or just the Tier groups??

PK001 wrote:
Casa wrote:If you're a director of a Limited company you're not self-employed.
You are an employee.
@ Casa - thanks for correction.

I also went to PEO and my application was also returned by mentioning the same reason. The case worker told that this rule was changed in mid april. However I could not find it any where.

Anyways, many of my friends having limited company and director got their ILR during this year (after april) by applying through legal representative and by using the same day service. One got on 22nd of this month from Croyodon.

May be self or legal advisor presence is the difference?

Any thoughts / suggestions?

PK001 · Post by **PK001** » Mon Aug 29, 2011 7:53 am

kkhan wrote:HI PK001,

which PEO did you use for your application.

cheers
khan

Glasgow

kkhan · Post by **kkhan** » Mon Aug 29, 2011 6:27 pm

Hi PK001,

seems to me the lack of information shown by PEO glasgow,

will be useful if somebody in the same boat (Tier 1 general contracting through limited company) can share their experience in other PEOs.

Thanks,
Khan

zahid.ali.anwar · Post by **zahid.ali.anwar** » Mon Aug 29, 2011 6:53 pm

Need your comments and advise in the scnerio related to the topic;

A person doing a job as exployee also working as director of a limited company doing contracting services. Is he allowed to appear in PEO for his ILR? or he has to send his application by post.

What if a person is doing a job and also working as a self employeed contractor is he allowed to appear at PEO for his ILR? or he has to send his application by post.

Please advise

nnj10 · Post by **nnj10** » Tue Aug 30, 2011 8:12 pm

As pointed out, most contractors who are director of a limited company are also shareholder, and if you are taking a salary from your limited company then you are employee of your own limited company.

You should be able to book and attend the appointment at any of the PEO.

sstichkule · Post by **sstichkule** » Sat Sep 03, 2011 8:59 am

One of my friend has also same problem, refused to be entertain at PEO Glsgow, citing reasons he being director of company can't apply in person. Anybody aware of this new rule?

When you book the appointment, that should be the right place to ask abt it, but no question is asked ...........

kkhan · Post by **kkhan** » Sat Sep 03, 2011 10:45 am

Hi ,

there is no such rule mentioned

It seems that the problem is just at PEO glasgow, I have seen a post where somebody got ILR from someother PEO.

lets see the feedbacks will be helpful.

cheerz

sstichkule · Post by **sstichkule** » Mon Sep 05, 2011 11:07 am

I know somebody else with same circuimstances ( director of pvt. ltd. co.) got ILR from PEO Glasgow on 15th August 2011.

PK001 · Post by **PK001** » Thu Sep 15, 2011 9:09 am

I re-applied through solicitor from Cryodon office and got ILR on same day

Not even a single document changed which I took to Glasgow office. It means there is no rule that limited company holders canâ€™t use same day service. Just depends on the case worker that how he responds on your application.

sudsa · Post by **sudsa** » Thu Sep 15, 2011 3:25 pm

Hi PK001,

I have an PEO appointment in croydon next week and am a company director as well. Could you advice how you entered details like

1)

Code: Select all

5.3 Are you working in the UK and How much do you pay each month ?

I pay a small amount every month as salary. Most of the profits I'd receive as dividends and it could be any time of a year. Is it Ok if I put the (salary+dividend/12) of the last year here ?

2)

Code: Select all

Progress of business as stated in 10G ?

Also Casa ,

I agree Self-Employed as a term and according to HMRC refers to sole trader.Everywhere else I see it is being used to refer to the directors of the company / a shareholder as well. Even in the SET(o) application you can see only two categories. See below from the section 10 Documents

Code: Select all

10G
Highly skilled migrant If you are applying for indefinite leave to remain on completing 5 yearsâ€™ continuous stay in the UK under the Highly Skilled Migrant Programme (HSMP) and other appropriate categories, in addition to the relevant documents in 10A, you must provide the following:

If you are employed, document(s) showing your economic activity and your personal earnings during your stay in the UK.

If you are self-employed, you should provide evidence of the progress of the business.

Apart from anyone who is getting salary monthly , they seem to cover under 'Self-Empoyed' ? - am I wrong ?

Casa · Post by **Casa** » Thu Sep 15, 2011 3:33 pm

'am I wrong ?' Yes. You are employed, regardless of how much you choose to 'pay yourself' from the Limited company.

zahid.ali.anwar · Post by **zahid.ali.anwar** » Sat Sep 17, 2011 6:13 pm

Casa wrote:'am I wrong ?' Yes. You are employed, regardless of how much you choose to 'pay yourself' from the Limited company.

Hi Casa,

So what I have gathered from your advise, is regardless of your status as director of limited company, and not drawing even a single penny as salary, you are still allowed to go to window for your ILR, if you are getting salary from any other employment.

Just to make the question a bit more clear, I am creating a scnerio;

1. Gross salary from Employment (from other source) : Â£25,000
2. Dividend Income from Limited Company (no salary from this source): Â£15,000
Total : Â£40,000

If the above mentioned situation with any applicant, Will he be treated as employee? and will both the incomes will be considered by UKBA, for him to appear at PEO for his ILR?

Please advise and comment.

Thanks,

geriatrix · Post by **geriatrix** » Sat Sep 17, 2011 8:37 pm

What does self-employment or employment have to do with "window service" (in-person application)?

If the application is straight-forward, one may apply in-person. No one but the caseworker can tell you for sure if your application is straight-forward or not.

If you search the relevant forum(s), you will observe that many (self-employed / employed) members have posted their experience of a successful in-person application and also many (self-employed / employed) members whose in-person applications have been deferred.

What if you submit everything you have stated but caseworker remains doubtful about a small issue (e.g. - authenticity of a claim / document) that he cannot take a call on, his senior agrees with him and advises him to defer the application?

Who may choose to apply in-person doesn't depend on the "profession" or (employed / self-employed) "status" of the applicant, or on "how he derives his income"!!

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