ILR from Ancestry as Company Director

[hlucas13]

Hi going for ILR coming from ancestry. Everything is looking good (absences + Life in UK etc.) however the only thing i am confused about is financial evidence.

Context:
1. Was employed FT for about 3 years of visa
2. Went into own company at 3 year mark, (trying different businesses none really worked.)
3. Just before 4th year started new company, now profit generating etc. (so roughly 18 months of no income)
4. Relied on savings + family support during this period.
5. Last 4 months started paying Salary from company as PAYE. NOT taking dividends. Also have more then 5 shareholders.
6. I can't do company accounts because it is like a day's difference between when it's possible for us to do a full years accounts + the application date.
7. 0 Dependants

I have spoken to lawyer and his advice was:
1. Since I can't provide 6 months payslips (only 4) I should provide 2 years of bank statements (back to when I was last employed).
2. I would be classified as employed because I don't take dividends and only self employed
3. I should provide still a letter from the accountant showing good company bank balances etc.
4. I should get a letter from family explaining support during the 18 month of no income.

A lot of this hinged on the fact that I can't provide 6 months payslips.

My questions:
1. Does this sound correct? I read the financial appendix and saw this line where it states only 3 months are needed (page 31):

"For UK Ancestry applicants, the Immigration Rules do not specify a minimum period the evidence must cover but applicants are advised on the application form to submit evidence covering at least 3 months. You must not refuse a UK Ancestry application solely because the evidence covers less than this because the requirement is not specified in the rules. You may accept evidence covering a shorter period if you are nonetheless satisfied that the applicant will be able to adequately maintain and accommodate themselves. "

Does this apply to the ancestry -> ILR route or is this only for new ancestry

2. Would I be classified as employed or self-employed?
3. I'm assuming regardless I'll have to explain the no-income source during the 18 months and get evidence from my family to show support was legitimate?

4. This site here: third party weblink removed by Moderator.

Suggests I MUST have company accounts, however I can't find any evidence of this in ANY of the case worker guidance (only in the family migration which I don't think apply to me?).

[hlucas13]

Just bumping to see if anyone has any thoughts

[zimba]

Do not invent your own requirements and follow what the guide clearly says. You do not even need to be working under this route:

The applicant does not have to be working or have a confirmed job at the time they
apply. They need only demonstrate they are able to work and intend to seek and
take employment. Evidence of this could include, but is not limited to:

• job offers from UK employers
• evidence of previous work history (in any country) or relevant qualifications
• evidence of applications they have made to UK employers
• evidence of registration with a UK recruitment agency
• evidence of any steps they have undertaken to improve their chances of finding
work – for example, relevant training courses
• a business plan or expressions of interest from potential clients (if they intend to
be self-employed)

https://assets.publishing.service.gov.u ... cestry.pdf

[hlucas13]

Hey Zimba - thanks for that I do agree that what the lawyer is asking sounds like a lot. Can I ask which part you were responding to?

My question is more that if I haven't taken dividends have 3 payslisp from my company, that makes me 'Employed' not self-employed and whilst I do need to explain the unemployment gap on my application (as per this part of the guidance) It shouldn't be an issue (savings + family support).

If the applicant is unemployed when they apply for further permission to stay or settlement, you must ask for evidence of their employment record throughout their previous 5 years on this route and of any attempts they have made, and are making, to find work (if they have not provided this information with their application). If the applicant has been unemployed for the entire 5 years, you must ask them to explain the reasons for this, if they have not done so on their application form.

In all cases where the applicant has had long periods of unemployment, you must give particularly careful consideration to how they have supported themselves without a regular income and whether they can meet the financial requirement.

Actually even re-reading that part I only need to explain the gap IF i'm unemployed at the time of application, which I'm not. The more and more I read, the application seems straightforward.

[zimba]

You do not need to worry about any of that. Lawyers need to make the process sound complicated to justify their fairly high fees. Do not fall for that and follow the guide. The rules do not care much about any of that at all