HSMP->Tier1->ILR/Limited Company/No Contract

[ragav100]

Hi Guru's,

first of all, thanks for all the people behind this forum. This is a great site having treasure of details, information, discussion's and advices.

here are the details before my question,

I am a employee to the limited company where my wife is a director and Iam the 100% shareholder. I have taken a dividend+salary of £42000 gross for the financial year 2010-2011 and my limited company have funds to pay me atleast £42000 gross salary for the next financial year. ie from April 2011-March 2012

Question:

1) if iam jobless for the whole financial year ie Apr 2011 to Mar 2012, but getting the salary from my limited company? is it considered as a valid income?

2) ie While applying for my ILR next year at Jun 2012, will the visa authorities agree the salary is genuine?

[geriatrix]

1) if iam jobless for the whole financial year ie Apr 2011 to Mar 2012, but getting the salary from my limited company? is it considered as a valid income?

Fundamentally incorrect statement. One cannot "receive a salary" when "jobless".

[ragav100]

1) if iam jobless for the whole financial year ie Apr 2011 to Mar 2012, but getting the salary from my limited company? is it considered as a valid income?

Fundamentally incorrect statement. One cannot "receive a salary" when "jobless".

Oops. thanks sushdmehta, totally agree your statement.. Let me rephrase it


here is the situation

1) if i have not worked as a contracter anywhere but getting the salary from my limited company for the whole financial year ie Apr 2011 to Mar 2012

2) ie I can show evidence like payslips, bankstatements+accountant letters. however, I cannot provide

i) employment contracts between my limited company and other vendors
ii) cannot provide any invoices from the limited company

any idea, how the visa office will consider my application in the above scenario? Will my application will end with an ILR or any possibilities of rejection?

you advice please

[vdesgn]

That's a very good question. I am curious about the same.

Or what if the company was totally owned by my wife and she was the director and I was getting salary from the company. Will UKBA ask for evidence of company's income? Wondering if anyone has their Tier 1 visas extended in similar way.

[ALI74]

The company owner is Mrs A
Mr A is only employee
Mr A is not the owner
Mr A can get wages for working for a company and pay Income Tax, Employee National Insurance, Plus Employer National Insurance.
No one will asks as long as the company has paid tax on the employee wages.
There might be a situation for research & development where the company pays for employee with no income invoices.As long as the company can finance the cost.
The company must be registered and must have PAYE reference to deduct Paye from employee wages.

I have developed an hypothetical situations , to explain getting income from a company where the company has not started income but solely financed by share capital or Director Loan.

I would recommend to consult a qualified Accountant regarding this.

[fahadz1]

100% agree

[ragav100]

2) ie I can show evidence like payslips, bankstatements+accountant letters. however, I cannot provide

i) employment contracts between my limited company and other vendors
ii) cannot provide any invoices from the limited company

any idea, how the visa office will consider my application in the above scenario? Will my application will end with an ILR or any possibilities of rejection?

you advice please

FYI, I spoke with my accountant who confirmed since my company made genuine revenue for the year 2010-11 , I can use the profits from previous year and pay for the year 2011-2012 and visa office should have no problem for that