Immigrationboards.com

Hi

I am lithuanian and 18/02/2010 we've sent EEA1 and EEA2 forms to Liverpool. 1/03/2010 my husband requested his passport back for urgent travelling. 4/03/2010 we've received all our documents back asking more documents for me- EEA1- need Proof of Paying NI Contributions. Me and my husband are shareholders of our limited company, he's director and I'm secretary. WE're registered as PAYE's. He's got wage slips for 30 hours per week, me- 20 hours. He's paid his PAYE TAX and I paid NI contributions at post office, we've both got NI numbers. I've sent employer payslip booklet with post office stamp for paid taxes. I don't understand how else I can prove I've paid NI contributions? I am applying as self emplyed person but maybe I am not self empoyed but employee? Igot confused after I've spoken to HMRC.



B,r

Hi if you are having a limited liability company and you are directors or secretary you are not self employed but employees of your own company. You should ring them up to clarify that you have sent your NI payment slips or write to the HMRC to give you a letter to that effect showing you are paying NI

thanks for your answer,

if we are empoyees of our own company, does it mean that I have to register with WRS? And not apply useing EEA1 but another form? Because EEA1 doesn't have section for employees only for self employed.

sofia2008 wrote:thanks for your answer,

if we are empoyees of our own company, does it mean that I have to register with WRS? And not apply useing EEA1 but another form? Because EEA1 doesn't have section for employees only for self employed.

U r an employee, u should have registered with WRS.

The EEA1 form is for both employee and self employed people. You will have to register for WRS to show you are exercising treaty in the UK if you are from the A8 countries or WRC for A2 countries

sofia2008, how long have you been in the UK? And have you already spent a year on the WRS?

Also the limited company? Who owns the shares? And any reason why you are not a Director as well as your husband? How long have you been Company Secretary?

Get this wrong and your company faces a £5000 penalty for employing you! Get it right and you will be exercising EU Treaty Rights as a self-employed person, which would not require WRS registration.

we've established our limited company in UK in August 2009, since then I've been secretary and my husband director, we both own same amount of shares. However we've come to live and declared working me-20 hours, my husband- 30 hours per week only 2 months ago. I've never been registered under WRS.

B,R

You need to be appointed an additional Director of the limited company without delay ..... such as today .... and based upon what you have posted you will then be classed as a self-employed person for the purposes of the EU Directive .... and thus exempt from registration under the WRS.

As a Director of a company of which you own 50% of the shares you will be classed as self-employed under the terms of the EU Directive, even though for tax and NI purposes you will be classed as employed.

Thank you very much for your help.
I would like to know one more thing- if I become director but still stay a secretary of our company, would it mean 2 different positions and I would have to register under WRS as secretary? Or do I have to quit secretary position to be only self employed?

Also would you know if it's possible to send EEA1 and EEA2 applications together but without EEA2 person's passport? Instead he would send European residence permit.

B,R