Two jobs at same time......... ILR problem?

[ilrtier1]

Hi,

I am a director of my own company(A). Three months before I started working in another company(B) as an full time employee. I have to apply for ILR.


I haven't make redundant myself from A.
I haven't generated payslips for the last two months before I joining at B.
I haven't generated P45 to give to B.

Currently I am director of A, and full time employee of B. I dont want to leave the employement of A. I want to make payslips for A also.

My doubt is, would it be a problem when I apply for ILR?

Can I be employee of two companies at same time?
Does the UKBA check the employement status, any method they use for this?

I have told my current employer(B) that I am not part of any other organisation.(Means I am not director, employee or working in any other organisation. I was thinking that, I could dissolve my company(A) with in months, and wanted to avoid problems. )

1) Would my current employer need to inform HMRC that I am working with (B) only, and if I dont close my company would there be any problem?

2)Can I check from HMRC about my employement status or information provided by my company inorder to avoid any confusion while UKBA checks my HMRC or NI information, if they do?Or can I get some information from anywhere in my payslip about my employment status?

Please suggest

Thanks in advance

[AccountantMatthew]

It may seem a bit of a side question ilrtier1 but did you sign a P46 when you started your new job? (I'm gathering that you've not given them a P45) Also did they ask for your P45 and are continuing to do so?

This can then help me answer a couple of your questions.

[ilrtier1]

Thanks Matt,

I did sign a P46 for the new job. I haven't given a P45. (Because I haven't generated payslips for the last two months before joining here). My current employer is not asking for P45.

Do you think that my current employer would has informed HMRC about me having only one job? I am still director of my own company, eventhough I do not draw any salary?

Would it be a problem if I do not inform my current employer, that I am a director, and not dissolving my company near by?

I am worried about UKBA, while I apply for ILR. I don't know if they find any problem with this employment with two companies at same time?

thanks again

[AccountantMatthew]

I'm not sure if I can throw light on everything ilrtier1 and I'm not going to try and second guess UKBA (maybe some others can help here) but from an accountant's point of view:

Do you think that my current employer would has informed HMRC about me having only one job? I am still director of my own company, eventhough I do not draw any salary?

It depends on this one. The P46 has three boxes and you select one. If you selected Box A that the new job is your first job since April 6th and that you didn't receive any benefits or Box B that you did have another job since April 6th or received benefits but now you don't - then HMRC have been effectively notified by your employer that you do only have one job. If it was Box C, it is not your only job, then they won't have done.

You are right in saying that you are technically still employed by both. I think in order to find out more, you can call your local tax office for more advice and take steps on what to do next. I have my own thoughts on what they might say but it's best not to repeat as I don't want to complicate things. I'm sure it is far from a unique question for them though.

Would it be a problem if I do not inform my current employer, that I am a director, and not dissolving my company near by?

That's really a contractual matter between you and your employer. Some businesses will specifically prohibit holding your own company, others won't. Best check your contract of employment to begin with. What you do next is really up to you.

I am worried about UKBA, while I apply for ILR. I don't know if they find any problem with this employment with two companies at same time?

I really don't want to go outside of my field of knowledge here so it's best that this is answered by a visa agent or the UKBA themselves. I'd be surprised if the UKBA were concerned about this, as I would have thought that the ability to reach a certain income level would be a higher priority. As I said though, I do not speak as any kind of authority here so please don't place any reliance on what I have said.