Company Director considered Self-employed?

[dimitris189]

Hello All,

I've been trying to find some information in the forums about company director but there is very little information. In my application's refusal letter I was refused to be considered as a worker as follows:

Any EU national who fills the conditions:
i. for a period of time
ii. providers services to another person
iii. is under the direction of another person
iv. receives remuneration for those services
is a worker and thus entitled to full range of EU freedoms and rights.

Then it continues:

On the CH01 form submitted in support of your application it states that you were appointed the director of company [X] on date [X]. You have also stated on page 50 of your application form. Therefore, you are not under direction of another person and as such cannot be classified as a worker. You will therefore be considered as self-employeed person

Ms. Eaden, our lovely caseworker dealing with this case probably has skipped GSCE English as the grammar does not make any sense 'you were appointed the director..' so not sure what she means.

I was wondering if anyone else had experience as a company director applying for PR?

[Obie]

Unfortunately the caseworker is correct.

You cannot be classified as a worker under community law as you don't receive direction from other person.

However he or she ought to have considered whether you are undertaking a genuine self employment activity and whether the activity is of economic value, and if it is meaningful and effective.