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Thanks. I don't quite agree with it.netizen wrote:Congrats mate.
And the caseworker was infact right to say your self employed. I had been through this stage during my extensions. I take salary and dividends same as you. The point is if you are paying tax directly to hmrc then you are self employed simples
Congratulations. Good that you had extra documents and argue your case defectively. That must have been a good experience for you.avatar2010 wrote:Dear Folks,
Thank you everyone on this forum, who help by sharing their experiences and answering queries. Keeping the same spirit, I would like to share my experience of ILR success at the Croydon PEO.
Appointment on - 27/03/2013 for 11:25 am
Applicants - one main + one dependent (wife)
Visa - HSMP + Tier 1 extension in 2010
Visa valid till - 22/04/2013
Applied under the 90 days rule of visa stamping and date of entry (entered UK on 09th July 2008, 78 days after stamping)
I work as a contractor with my own limited company. I am the Director with 50% share holdings. I take salary as both monthly salary and quarterly dividends.
Appointment Day
Reached PEO office at 10:50 am. Allowed straightaway. I did not apply for ILR for my daughter, who is born in UK
Went inside , was checked for passport and appointment. Then moved to payment counter. Paid the fees for 2 applicants. Asked to wait for the next stage.
After 1 hour wait, I was called at the counter. It was an initial check for SET(O) form, passport and photos. All done in 10 mins. Asked to go for Biometrics on the 2nd floor.
Immediately called for biometrics. All done in 10 mins and then asked to wait to be seen by a case worker. After around 90 mins, called by a case worker. As I reached the counter, another case worker approached from back of the window and asked to move to a different counter. Went there and the first question the case worker asked was "Are you self-employed". I said "No" as I work as salaried employee of my limited company. She asked for documents. Documents provided were :
1) Set (O)
2) Photos
3) 12 Salary slips
4) Dividend vouchers
5) 12 Personal bank statements
6) 2 LIUK certificates
And co-habitation docs
7) Marriage certificate
8 ) Joint bank statement for past 3 years
9) Child birth certificate
10) Council tax - last 5 yrs
11) Individual bank statements wife
12) Electricity and water bills
13) NHS cards - old and recent
14) Tencancy agreement for all 5 yrs
I also provided photocopies for all the above as I handed over documents. The case worker did ask for photocopies.
She came back after a minute and said why did I submit dividend voucher. I explained that I take salary as dividends as well and I am a share holder of the company. Her tone changed immediately and she said
Case worker - "So, you are self-employed".
Me - "No".
Case worker - "Dividend vouchers mean self-employed"
Me - surprised and tried to explain that that's not how HMRC or even UKBA defines self-employed
Case worker - "We treat anyone taking dividend as self-employed"
Me - much surprised and bit frustrated at the lack of the case worker's knowledge about self-employed. Showed HMRC employment history, no change in case worker's statement
Case worker - Your salary is too low, if you want to show dividend, we must treat you as self-employed. Let me talk to my senior.
She came back after 5 mins and told me that they are going to treat me as "Self-employed"
Me - what documents you need
Case worker - What have you got ?
Me - gave her the following documents (which I had kept as a back up - thanks to the forum members for this)
1) Business bank statements
2) Company formation documents
3) Accountant letter showing breakup of salary and dividend.
4) Accountant letter stating that I am the Director and shareholder of the company
5) Corporation tax and VAT docs
6) Invoices
7) P60
Had photocopies of all. Handed over the copies as well. She seemed quite excited to see these new documents !
Case worker asked me to mark salary and dividends taken in the business statements. I did that and handed over the statements. Case worker came back after 30 mins and asked
Case worker - where is my class 2 NI.
Me - annoyed, said "I do not pay class 2 NI as I am not registered as self-employed"
Case worker - What other documents you have
Me- none, gave you all
Case worker - Any client documents
Me - Handed over a letter from my client that I have been working for them
Case worker - ok, need to speak to my senior
Me - waiting and bit puzzled at their confused definition of self-employed. Tried to show their UKBA earning page on the website where it clearly states that a salaried person can provide dividend vouchers. No use though
Case worker - Came back after 10 mins. Said " All done, your ILR is approved"
Me - surprised, but pleasantly. Said thanks to her
Case worker - You should have given all documents in the first place
Me - I was not sure which documents you wanted, but anyway thanks
Case worker - Will come back in a minute
She came back with my and wife's details. Asked me to check the details and sign. I did. She handed over the ILR approval letter and told me that the biometric card will come in 7 days. She returned all originals and kept the photocopies. She hardly looked at my co-habitation docs. She took only marriage certificate and council tax statements. Returned everything else
Thanked her and came out, much relaxed, especially after the discussion over employed vs self-employed.
Waiting for my biomteric cards to arrive.
Thanks to everyone for helping others by sharing some very useful information and experiences. Definitely helps and makes you prepare for the worst (as I did)
Thank you !Kevin24 wrote:Congratulations. Good that you had extra documents and argue your case defectively. That must have been a good experience for you.
I should have said argued your case Effectively. Apologies.avatar2010 wrote:Thank you !Kevin24 wrote:Congratulations. Good that you had extra documents and argue your case defectively. That must have been a good experience for you.