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

Posted: Fri Sep 23, 2016 12:07 pm
by pruk88
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?

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

Posted: Fri Sep 23, 2016 12:50 pm
by noajthan
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.