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EEA4 and self-employed (limited company director)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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govindatuk
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Posts: 1
Joined: Thu Jan 30, 2014 4:34 pm

EEA4 and self-employed (limited company director)

Post by govindatuk » Thu Jan 30, 2014 4:50 pm

Hello All,

Could any of you help me with the following scenario please?

I have been living in UK since April 2003 on different combination of visas

Student Visa - April 2003 - April 2005
EAA resident permit (Extended family member of my uncle) - April 2005 - August 2010. Didn't apply for PR due uncle left the country.

But I have married to EEA (French) national in September 2010 and she is living with me since sept 2010.
I have applied RC in Jan'11 and after refusal and re-application I have recieved my RC in July 2011. Given that my RC is just confirmation of my rights as a family of EAA national, I should be eligble for EEA4 (PR) in Jan 2016. Am I right?

My wife has left the permanent job in Aug'11 and we have started a limted company with we both as directors and paying monthly salary for ourselves equally. Basically I'm an IT contractor and I does all the work and the invoices are in company name and 'work done by' in my name. Even though she doesn't do any work on her name, she recieves salary, dividend, P60 and pay little NI, etc. Also we do annual self-assessment via accountant.

Also, we have 1.5 years old boy (EEA national as well) and joint mortgage account.

My questions are:

1. As we don't claim any benefits and being the director of the company, does she still exercise treaty as self-employed as per home office?
2. When I apply for EAA4, do I have any complications on my application because I'm working for the company and she is not?

Please help....

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 9:04 am
Location: England
Netherlands

Re: EEA4 and self-employed (limited company director)

Post by fysicus » Thu Jan 30, 2014 5:36 pm

In this situation you are not self-employed; you are simply a worker. Both for HMRC and for UKBA.
No problem at all.

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