Tier 1 Entrepreneur - ILR - Various Questions - Advise needed from Seniors

[rajrea]

Tier 1 Ent - ILR - Various Questions

In regards to my ILR i have few questions which I need some advice from senior members….

My Background :
Hi I have applied for T1 Ent 50k route as a team in February 2013 and visa granted on Jan 2014 after appeal.
T1 Ent extension applied in Jan 2017 and extension approved in April 2017 and got extension till April 2019.
As per above time frames I’m eligible for 5 years ILR in Jan 2019.

History :
I have registered a company ABC (not the one I have applied T1 Ent ) on March 2012 and I’m only the Director for that company.
For T1 Ent Visa I have registered other company XYZ on Jan 2013 as my self as Director after 1 week I have added my team member as 2nd Director.

Problem :

After receiving my Tier 1 Ent visa on January 2014 - I was still a Director in company ABC but In July 2014 - I removed my self as a Director and appointed my wife as a Director

In Dec 2014 - I have asked my accountant to run salary for me from company XYZ but he ran salary from company ABC which I was not a Director at that time.

I’m worried about this error made by my accountant - I have successfully granted my extension on April 2017 but this error was hunting me as it may effect my ILR which is due in January 2019

What can be done in this scenario…..

Suggestion :
I was calculating the propabilities whats the case if my ILR was rejected ? what are the options I left with as My 10 years route is due on April 2021. Please suggest ….




Seniors Please suggest ....Thanks in Advance

[marcnath]

Strictly speaking, you have broken the T1E rules by working for a company of which you are not a Director. That company has also broken rules by hiring you.

I am assuming you did not supply any paperwork for company ABC so HO did not spot it at renewal.

You still do not need to supply any documentation for ABC, so HO is unlikely to spot it during your ILR either.

But I would not worry too much about it. Just update the books show that XYZ owes money to ABC for your salary, NI, etc. ABC can invoice XYZ, for example.

In case it is ever questioned, you can say that ABC paid your salary on behalf of XYZ or actually even just be honest and say it was a mistake and that you corrected the books when you saw that. XYZ needs to payback ABC all the payroll expenses for you.

This is unlikely to cause you any major trouble if that is the only thing that is of concern about your application.

[rajrea]

Hi Marcnath,

Thanks for sharing your thoughts...

Strictly speaking, you have broken the T1E rules by working for a company of which you are not a Director. That company has also broken rules by hiring you.

As I mentioned in my post - I was the Director for both companies but for my T1 Ent Visa - I have provided company details of XYZ. The old company ABC was filed a dormat.

Above all it was a Error made by my accountant - I have all the email conversations to prove and my accountant also said that he will give this in writing saying the same.

I have spoken to one of the immigration adviser - He suggested that as it was a error you can establish that the payment is for the period where you were the Director of that company and it was a dormat after you resigned as a Director.


Any other seniors share your opinion....

[marcnath]

Now I am confused.
In your original post, you mentioned you resigned as Director of ABC in July 2014 but were paid by ABC in Dec 2014 - or at least that is what I gathered from your post.

So, in Dec 2014, you were an employee of ABC and not a Director. That is what is not allowed under T1E rules.

If the dates were wrong and you were a Director of ABC when you took payment, it is totally immaterial. T1E visa is not tied any one company - it is tied to you personally and you can be Director of as many companies as you want.

And, as I also said, I don't think this is a real issue. It is clearly an administrative error and I don't think HO/UKVI are out to penalise people for such errors.