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Can Director of a LTD be classed as selfemployed for PR?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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pruk88
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Posts: 6
Joined: Fri Sep 23, 2016 11:41 am

Can Director of a LTD be classed as selfemployed for PR?

Post by pruk88 » Fri Sep 23, 2016 12:07 pm

Hi

Maybe someone could shed some light on this:

A/EU2 National set up LTD more than 5 years ago and all this time worked as a sole shareholder and was the only employee of the company working as a contractor - technically this could be classified as self employed, but i did not register as a self-employed nor applied for any authorisations to work, as i was never asked by my clients for any permissions!

Until 2014 all EU2 nationals (Bulgarians/Romanians) had to obtain Yellow card to work unless they were working as self-employed, then no authorisation was needed.

Now I would like to apply for PR, but how do you think HO will treat me in this case?
I have never registered nor have any medical insurance but can show my companies accounts and bank statements, please note that the company did not trade actively during some time, but always sent all the reports to company`s house.

Following recent courts ruling I could be classed as self-employed, because my earnings were always below national insurance minimum -
https://www.freemovement.org.uk/using-m ... ne-worker/

Any experts on this?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Can Director of a LTD be classed as selfemployed for PR?

Post by noajthan » Fri Sep 23, 2016 12:50 pm

You need to be a qp, dig into that here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Work has to be genuine and effective as per EU law (see above).

And then HO applies MET/PET test to you (above and beyond cleaner, purer EU law) as per your link.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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