Citizenship Application - Employment Query

[rahne]

Hi,

I have got ILR in the month of May 2019 and after that I registered limited company and did 5months of contract work. The directors of the company are me and my wife. I was just a directory of the company but didn't take any salary as a PAYE from my limited company but got some dividends at the end of year. After 5months, I moved to different company with full time employee.

So, question is: Do I still need to mention about my 5months contract work under employment details section in the application form?

Thanks in advance

[CULLINAN]

Yes. Were you registered as self-employed?

[rahne]

Thanks Cullinan for quick reply.
I need to check with my accountant whether my name is registered as self-employed.

Do I need to mention this whether I am self-employed or not (even though I didn't get money as PAYE)?

[CULLINAN]

If you do not pay your taxes via the PAYE scheme and are self-employed, you will have to provide your latest self-assessment tax return.

[rahne]

Hi Cullinan,

I just had a chat with my accountant and he mentioned that I am a director of the company not registered as a self-employed.

So in this case, do I still need to mention about my company as a director in the employment section of application form. also, (if need to mention), what are all the documents that I need to produce?

[CULLINAN]

The key is how you pay the tax. If you pay tax via the paye scheme i.e. you are on payroll then you do not need to provide anything.

For self-employed, self-assessment tax return is required.

How did you declare your dividends then??

[rahne]

Hi Cullinan,

Till now, as a director I paid corporation tax to HMRC for my company and I didn't pay any tax individually and I took dividends as informed by my accountant and yet to get answer from accountant on how are we declaring the dividends. I will provide you as soon as I got it.

based on my situation, do you think I am a self-employed?

[CULLINAN]

As far as I know, you have to file a self-assessment tax return even if the dividends you got are below the income tax threshold. Directors are supposed to file a self-assessment tax return every year if you receive director’s salary or dividends.

To be honest, this is an immigration board so not much help can be provided. You will be better to seek help on HMRC forums.

[CULLINAN]

Self-employed applicants
If you do not pay tax through Pay As You Earn (PAYE) arrangements, we require the most recent HM Revenue & Customs Self-Assessment Statement of Account.

Page 40
https://assets.publishing.service.gov.u ... uly_20.pdf

[rahne]

Hi Cullinan,

Can you please provide me best links to HMRC forums?

[CULLINAN]

Hi Cullinan,

Can you please provide me best links to HMRC forums?

https://community.hmrc.gov.uk/

[rahne]

Hi Cullinan,

As I am taking dividends I must need to file a self assessment tax return, Do I need to mention this in Employment details section?

[CULLINAN]

Hi Cullinan,

As I am taking dividends I must need to file a self assessment tax return, Do I need to mention this in Employment details section?

You have to mention your employment details in UK for the last 10 years. Income is irrelevant. However, tax issues are. HO will run their own checks with HMRC to see your tax issues are in order.
If you are a director and took dividends, you should have filed a self assessment tax return as you are not paying tax via PAYE scheme.

[rahne]

Hi Cullinan,

Thanks for the info.
another question,

Currently(since 1year) I am working as a full time employee on permanent position in some other company and also director to my own company (though I am not doing any operations with my own company at the moment). How do you want me to handle this.?

For the field - Employment Type (An employee, A business partner, Self-employed, A director, Other) - What I need to mention here? Do I need to mention as Employee as I am currently an employee to another company? or Do I need to mention as Director to my own company?

Below to that Employment Type field, there are some other fields like below - Do I need to give my own company details or the company details that I am currently working for
Employer or business name,
Employer or business address
Employer or business town/city
Employer or business post code

Thanks in advance

[CULLINAN]

You will have to input two different entries.

[rahne]

Hi Cullinan,

Is that be ok like below?
In the first entry:
Employment Type -> Employee
and will give my current employer details (not my own company)

in the second entry:
Job Type -> Director
and will give my own company details


also, there is a field called "What is your occupation?", Is that be OK if give my current Job Tile?

[CULLINAN]

Yes. However, online form can be funny sometimes. I think it will only let you add one current employment and ask for an ending date of the previous entry. You might have to clarify this in the cover letter/additional notes.

or does it let you add both with no end date??

[rahne]

Sure Cullinan Thanks so much for providing huge help on my issues really very much appreciated.
I will ask you few more if I go next sections of application form.

[rahne]

Hi Cullinan,

for the below question, I should answer "Yes" right ? (I don't know about time restrictions and right of abode)


Have you been granted indefinite leave to enter, or remain, in the UK?
Answer 'No' if you do not have time restrictions on your stay for another reason. For example, you have a right of abode in the UK.

[CULLINAN]

It is yes as you have ILR.

[rahne]

ok Thanks Cullinan,
am I correct that my Life In UK test that I wrote for ILR is still valid for Citizenship application too?

[alterhase58]

Correct - LITUK doesn't expire.

[rahne]

Hi All,

Can someone please provide me answer for below?
For the question - "When did you first arrive in the UK?" What date that I need to enter based on below scenario?

1. I entered UK on a Student Visa on 10/02/2010 and got PSW visa later.
2. After PSW Visa I had applied for Tier 2 General Visa on 16/09/2013
3. I went back to my Home Country on 28/09/2013
4. I came back to UK on 02/06/2014. (After stayed nearly 250 days away from UK due to personal reasons and I didn't work from Home either though my visa still valid)

So, which date do I need to enter for this question? 10/02/2010 or 02/06/2014 ..?
Note: for my ILR Visa, I have given "02/06/2014" (and that was approved last year)

Also, another question is "Trips outside the UK"
1. The trips that I made in the last 5 years are enough ?
or
2. Do I need to provide details based on above question (i.e. "When did you first arrive in the UK?") ? means all trips?

Thanks in advance.

[CULLINAN]

Answer 1: 10/2/2010

Answer 2: Option 1

[rahne]

Hi Cullinan,

Thanks for the answers.

Regarding second query: Yes, I will provide last 5 years of trips.

Regarding first query: Do you think any problems If I provide 10/2/2010 as between the years (2013 to 2014) I stayed nearly 250 days outside of UK?