EEA2: non-EEA sponsored by EEA contractor

apriliapegaso28 · Post by **apriliapegaso28** » Sun Mar 13, 2011 12:42 am

Hi,

I'm a contractor working through my own limited company, I've been reading the EEA2 guidance notes to support the application of my non-EEA wife and if got the following doubt.

I'm the director and employee of such a limited company and I'm not sure if I should enter my details in section 4 (EEA employment) or section 5 (EEA self-employment).

The information they ask in Section 4 (EEA employment) is:
- Number of hours worked
- Salary/wages
- Duration of the contract
- NI
- Employer's signature and stamp (which would be myself)
- Contract of employment
- Letter from employer (which would be myself again)

whereas for section 5 (EEA self-employment), they ask for:
- A lease on business premises (I haven't got this one)
- construction Industry scheme (CIS) card (I haven't got this either)
- Bank statements
- Invoices
- Inland Revenue self-assessment forms
- Evidence or tax and NI paid
- Accountant's letter

In this last case I think I could retrieve the last few documents, but what is the accountant's letter supposed to say?

And 1st of all, do you guys have the knowledge of whether I should complete section 4 or 5?

Many thanks!!!

fysicus · Post by **fysicus** » Sun Mar 13, 2011 5:06 pm

Legally you are an employee, and so you should use section 4. The fact that you are also the owner of your employer is no problem at all.

I'm in a similar situation, and you do not need to send in all documents from your list. This list just shows a variety of documents that can be used to prove that you are in employment. I only sent in the last one (letter from employer) and had no problems with that.

As long as you are not dependent on public funds, there is nothing to worry about.

apriliapegaso28 · Post by **apriliapegaso28** » Mon Mar 14, 2011 2:16 pm

Thanks fysicus, that's what I thought as well as I've not registered myself as self-employee. I asked my accountants in case they had dealt with a similar case in the past and they just came back with:

"In my opinion you should complete the self-employment section."

so a little bit confused at the moment :S

fysicus wrote:I'm in a similar situation, and you do not need to send in all documents from your list. This list just shows a variety of documents that can be used to prove that you are in employment. I only sent in the last one (letter from employer) and had no problems with that.

Good to see you were in a similar situation and it was ok for you. If you were employee and employer (director) at the same time as well, who wrote that letter from employer? ie, did you write it yourself saying that you were working in that company (it's the truth but someone who doesn't know could think that it's kind of weird). Would you have the example or could you send me a Private Message with an attachment of what you wrote?

Many thanks!

fysicus · Post by **fysicus** » Mon Mar 14, 2011 3:04 pm

The advice of your accountant in this matter is clearly wrong.
In my case it was a bit easier, as my company has two directors and two shareholders, so I let my business associate sign this letter. Do you have a Company Secretary who can sign it? If not, I still think there is no problem if you sign it yourself.
You can add a printout of your company details from Companies House WebCheck service. Even better if you have the details of your last Annual Return, which includes the names and addresses of all Company Officers. If you file online, you can have them emailed to you at any time.
The letter itself can be very short:

To whom it may concern
I confirm that X is an employee of Y Ltd in the position of Director. He has held this position since Z.

where X, Y and Z need to be replaced properly.

apriliapegaso28 · Post by **apriliapegaso28** » Mon Mar 14, 2011 4:20 pm

fysicus wrote:Even better if you have the details of your last Annual Return, which includes the names and addresses of all Company Officers. If you file online, you can have them emailed to you at any time.

Your advice makes a lot more sense to me as well. My accountants file my Annual Returns for me online, I can't remember the one you're talking about. Are you talking about my personal self-assessment as an individual?

fysicus · Post by **fysicus** » Mon Mar 14, 2011 9:43 pm

The Annual Return I'm referring to has nothing to do with tax.

A Limited Company is obliged by law to submit once a year the details about directors and shareholders to Companies House, and this is called Annual Return.
I guess there is somebody who helped you set up your company and who is still doing this sort of admin stuff on your behalf? My next guess is that this somebody is your accountant?

apriliapegaso28 · Post by **apriliapegaso28** » Mon Mar 14, 2011 10:35 pm

I didn't know you could request such a report from Companies House, thanks!

I think I could provide all the basic things they need and if they request something else I suppose they'll tell me what they need...

Out of curiosity, can you remember if you stamped the box in section 4 name employer's stamp?

fysicus · Post by **fysicus** » Tue Mar 15, 2011 8:01 am

Of course, you can stamp any document if you want. I never did it, however.

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EEA2: non-EEA sponsored by EEA contractor

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