Reply to: Skilled Migrant Visa - Prove of my employment and income

[mcquiggd]

Something tells me we would be better off learning Polish, tearing up our passports, taking a train to heathrow and pretending to be non-British.... the law seems so much more... 'flexible'... for foreigners.

For some odd reason, the local post office is now selling 'learn Polish, Swedish tagalog etc etc CDs...'

I am now thinking of becoming Zrbigniew Xrzggraanifjk ...

[Fungus]

In which case you should not be working on a job that will further your career. The whloe point of these visas is that you should be working in low level jobs (for less than 6 months in a year) in order to fund your trip here. So dont be surprised if the immigration people take the view that you are here to make shedloads of dosh whilst working in your chosen profession.

You speak as if there is some form of government inspection. Oh so naive. That's not like you DA. The last client I worked for was taking on shed loads of Indian contractors and shedding permies and UK contractors. That is illegal. Many Indian contractors did not have the required skills (such as Windows MFC) and were learning on the job from UK staff. It is only legal to bring in overseas staff with the required skills if you can't get UK staff with those skills. But how do you prove what they are up to? I contacted a well known journalist who was putting together a story on the issue. It was commonplace.

But I suspect there might have been some issues as they later opened an office in Bangalore and recruited Indian staff directly, rather than via Tata Consulting Services. I guess they have little choice if they want to stay in business in these competitive times.

Fungus

[DodgyAgent]

Thanks for all the advice so far.

Looks like I need a good chat with my accountant!!!

I am here on a 2 years working holiday visa, hence am able to work here legally.

In which case you should not be working on a job that will further your career. The whloe point of these visas is that you should be working in low level jobs (for less than 6 months in a year) in order to fund your trip here. So dont be surprised if the immigration people take the view that you are here to make shedloads of dosh whilst working in your chosen profession.

[threaded]

One of the Libyans I have working for me told me that to work in England all he did was set up a UK company, then have the UK company write a letter saying he was needed for work in the UK, and he got a visa.

Easy really.

He also tells me he didn't even type it or put it on headed paper.

[distiller]

I have HSMP

I run a ltd company and am in very similar situation to you. I was here on working holiday for 1.5 years before applying for HSMP.

I also do the small salary + dividends thing.

Basically, they don't have a problem with limited company owners, and they seem to be quite quick to process these days ( especially if you're fit ), though it took about 6 months when I did it.

I sent them photo copies of my business bank accounts and I quoted a modest income of about £40,000 even though I was bringing in more than double that. I also sent them a signed letter from my accountant which says that "So and so is a director and sole employee of XYZ Ltd, in the tax year 03 to 04 he earnt £xx,xxx".

I also sent them a copy of my incorporation certificate.

Send me a message if you need any more info,

D.

[eternalnomad]

Can we have your name & address please, so that we can shop you to HMCR?

and the immigration service for breaking the terms of your visa.

[boredsenseless]

In your first post you claimed to be on a skilled migrant visa and now you say you are on a working holiday visa.

If you are on a working holiday visa then I suggest you fully understand the rules which say..

is intending only to take employment incidental to the holiday. Such work must not involve engaging in business, or to provide services as a professional sportsperson / and in any event not to work for more than 12 months during his stay

I would suggest that trying to run your own Ltd whilst here is by anyones definition "engaging in business"

Is it a limited company as its dividends I guess so! Well as a Working Holiday Visa holder you aren't able to own a UK company and be employed by it unless its for less than 12 months as stated above.

Looks like you've got a whole nightmare to sort here, as you haven't declared dividends properly hence huge tax implications and you are also employed illegally.

[threaded]

Yeah, but if they've been working as a contractor the New Lie deem that that wasn't a proper business anyways.

[eternalnomad]

Thanks for all the advice so far.

Looks like I need a good chat with my accountant!!!

I am here on a 2 years working holiday visa, hence am able to work here legally.

In your first post you claimed to be on a skilled migrant visa and now you say you are on a working holiday visa.

If you are on a working holiday visa then I suggest you fully understand the rules which say..

is intending only to take employment incidental to the holiday. Such work must not involve engaging in business, or to provide services as a professional sportsperson / and in any event not to work for more than 12 months during his stay

I would suggest that trying to run your own Ltd whilst here is by anyones definition "engaging in business"

[Daywalker]

feck me,

working holiday visa, the name sort of gives it away

[panadol]

Thanks for all the advice so far.

Looks like I need a good chat with my accountant!!!

I am here on a 2 years working holiday visa, hence am able to work here legally.

[boredsenseless]

How did you get in here in the first place?

Very good point, how did you satisfy the legal requirements on UK company ownership if you don't even have a Visa?

[DodgyAgent]

Anyone contractor here applied for Skilled Migrant Visa in UK? I hope someone can give me some pointers.

I own my Ltd company, and as per visa application requirement, I'd need to submit proofs of working experience, and income.

Working experience - how? i own my company, do I write myself a letter as proof of employment? or can I just gave them the contracts I've done?

Income - Again, I don't get pay slips. I pay myself every month a low salary, and then dividends. Can I supply my company's reg (ie, I own 100%), and then show the company invoices?

Thanks heaps.

How did you get in here in the first place?

[boredsenseless]

My company is UK registered.

As of PAYE, yes I do have it....hence I should've been issuing myself with payslips monthly right?? Didn't know that

So dividends my Ltd pay myself should be included in payslips I guess?

No dividends come from a board meeting resolution passed by the board of the company. They issue an item in the minutes which is signed and issue a dividend voucher to the recipient.

If you haven't done this then you have been taking income and not dividends as all dividends need to be backed up by a board meeting minute and dividend voucher. If you haven't done this prior to the payment then its income and taxed as such.

By the way issuing these minutes and notices after the event is a criminal act.

Suggest you talk to an accountant and get this cleared up before you dig the hole any deeper

[ASB]

So dividends my Ltd pay myself should be included in payslips I guess?

Nope. But they need to be properly declared, minuted and recorded. Your accountant will give you the details I'm sure.