ILR - Tier 1 G - 5 Year route - Director of Limited Company

[cnicola78]

Hi All,

I am a newbie but have spent some time going through the forum and soaked up a load of information, but none that directly answer a query that I have.

I am currently in the process of preparing my documents for my ILR application Set (O), and whilst I thought all was in control my immigration lawyer has advised me that he thinks that I may be at risk. Here's why...

As a director of my own Limited company I am applying as an employee, and as such I must provide Payslips, Dividend vouchers and personal bank statements for the 12 month period applicable. I am also providing an accountants reference which schedules a breakdown of each payment.

My immigration lawyer believes I have a problem, as I make one transfer every week from my business bank account to my personal bank account. This single transaction consists of Salary, Dividend and expense reimbursement. He believes this is a problem because the HO want to see independent transactions for each so they can link the payments from the bank statement to each payslip, dividend voucher etc (even though this is scheduled on the accountants reference). Further, he believes the accountants reference cannot be used as evidence as it is not listed in the guidelines.

Has anybody else had a problem with this, or could anyone offer any opinion or advice? Everything I have read on here suggests an accountants reference is not only acceptable but a necessity. I don't know if my lawyer is being super cautious, but he firmly believes that there is a high risk that I will be declined on this basis alone.

Any advice would be greatly appreciated.

Chris

[vagabond4life]

52 payslips + 52 Div Vouchers ?????? I hope you meant monthly payments.

If you still have time for application I would suggest you take separate payments for future Salary, Expenses and Dividend. It is advisable to clearly state the type of payment in description from your paying bank. This would make things easier for the case worker.

To keep matters simple and clean (from HMRCs perspective as well) it is advisable to show distinct payments.

An accountants letter is necessary explaining the payment arrangement. Refer to HO guidelines on who could provide accountant letters (eg CA, ACCA etc) and not someone who is just a book keeper.

Your lawyer may be correct to some extent regarding the 'high risk' part as Income is a major component of claiming points and the case worker will scrutinize it thoroughly.

[cnicola78]

Hi Vagabond4life,

Thanks very much for your response

Unfortunately I do not have much time left on my existing Tier 1 (about 2 months) so I am stuck with what I have. My accountant is ACCA and has advised that it is perfectly acceptable practice to combine the salary and dividend into 1 payment. I am surprised that it is such an issue considering the accountants letter breaks it down in the schedule which shows the exact amounts and dates transferred to my account.

Can you direct me to where in the guidelines it refers to accountants references for directors of limited company? Page 22 of the guidelines does not refer to it from what I can see, though I might be looking the wrong place?

Thanks again,
Chris