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Set O ET route - Supporting/other documents

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

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ev2020
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Joined: Sun Sep 20, 2020 12:10 pm
Kazakhstan

ILR application: Employee or Director?

Post by ev2020 » Sun Sep 20, 2020 12:55 pm

Hello,

My question is for Directors of ltd who are also its salaried employees.

- I am one of two company Directors
- I have paid myself a salary through PAYE for a period of over 12 months and pay NI category A. The salary is above an appropriate threshold.
- I draw no dividends
- Company accounts are to be prepared and submitted next month (1st year accounts)
- I am on Tier 1 ET visa

In the application, I can choose either 'employed' or 'self-employed' category. Would much prefer to apply as an employee now instead of waiting for full accounts next month.

Given that the company paid me sufficient salary for past 12 months, can I classify myself as Employee vs. Director?

Many thanks in advance!

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CULLINAN
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Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: ILR application: Employee or Director?

Post by CULLINAN » Sun Sep 20, 2020 1:03 pm

Director

For Tier 1 Ent, its meaningless for a director being on payroll or not. What matters is, you being the director.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

ev2020
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Posts: 4
Joined: Sun Sep 20, 2020 12:10 pm
Kazakhstan

Set O ET route - Supporting/other documents

Post by ev2020 » Mon Oct 05, 2020 3:17 pm

Hello,

I'm applying for ILR under the ET route and I am confused by the list of supporting documents:

1) Employment contract between you and a UK employer or institution which indicates the field of work you have undertaken

2) Letter from employer or institution on official headed paper confirming you have earned money in your expert field

3) A contract of service or work between you and your UK employer or UK institution which indicates the field of work he has undertaken or a letter from a UK employer or UK institution on its official headed paper, confirming that you have earned money in an expert field.

4) Evidence you have earned money in the UK as a result of your employment or self employment in the expert field for which you are endorsed by a Designated Competent Body.

The application says: "If you do not provide these documents, your application may be delayed or refused". However, doesn't 2&3 already covers 3 and 4?

Would very much appreciate your advice.

Many thanks!

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CR001
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South Africa

Re: ILR application: Employee or Director?

Post by CR001 » Mon Oct 05, 2020 3:29 pm

CULLINAN wrote:
Sun Sep 20, 2020 1:03 pm
Director

For Tier 1 Ent, its meaningless for a director being on payroll or not. What matters is, you being the director.
Poster is applying under tier 1 exceptional talent not entrepreneur visa route.
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.

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 9:51 pm
Pakistan

Re: ILR application: Employee or Director?

Post by CULLINAN » Mon Oct 05, 2020 3:31 pm

CR001 wrote:
Mon Oct 05, 2020 3:29 pm
CULLINAN wrote:
Sun Sep 20, 2020 1:03 pm
Director

For Tier 1 Ent, its meaningless for a director being on payroll or not. What matters is, you being the director.
Poster is applying under tier 1 exceptional talent not entrepreneur visa route.
Yes I just noticed it myself now.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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