Registrations with Company House

[Angel Angel]

HI all, be glad if someone can help me out here.
My PSW runs out on 03-04-13.
1. When should I register my company with Company House?

I have been holding back to register and a few lawyers I have spoken to are given me conflicting information as whether to apply asap or within 3 months to my visa application.
Please help. thanks

[smehmood]

HI all, be glad if someone can help me out here.
My PSW runs out on 03-04-13.
1. When should I register my company with Company House?

I have been holding back to register and a few lawyers I have spoken to are given me conflicting information as whether to apply asap or within 3 months to my visa application.
Please help. thanks

hi

within 3 months before u send ur application

[ziaul]

you can register at any time but it has to be continued within the last three months prior to the application.

so not necessarily u hav to register within three months prior to your application, if you already register bfore three months UKBA wants to know whether you are still continuing within the last three months.

[smehmood]

you can register at any time but it has to be continued within the last three months prior to the application.

so not necessarily u hav to register within three months prior to your application, if you already register bfore three months UKBA wants to know whether you are still continuing within the last three months.

hi

I think u should guidance notes again.

Regards

[ziaul]

Read the immigration rules; guidance note is rather confusing to lay person.

[ziaul]

(d) The applicant:


(i) is applying for leave to remain,

(ii) has, or was lasted granted, leave as a Tier 1 (Post-Study Work) Migrant,

(iii) was, on a date falling within the three months immediately prior to the date of application,


(1) registered with HM Revenue and Customs as self-employed, or

(2) registered as a new business in which he is a director, or

(3) registered as a director of an existing business,

[eternity1193]

Hi there,

I have the same confusion about having a company registered older than 3 months or within 3 months, i have spoken to 3 solicitors and they all are giving me mixed information.
then i rang home office and asked them. and the lady served me was confused even more than me, lol.
she said it has to be within 3 months time period of your application, so i asked her if she can give me her name and employe number to use in future if something goes wrong. she replied she cant give me that coz they are not responsible for it and i shouldnt trust her statement rather i should go on website and make my own judgement about this statment.
now i am even more confused, and more worried. Is there anyone who is switching from psw to entrepreneuer? and can help me understanding the statment below.
plz give me some expert advice over these lines,

" were, on a date no earlier than three months prior to the date of application ".

help will be really appreciated.
Many thanks.

[smehmood]

Hi there,

I have the same confusion about having a company registered older than 3 months or within 3 months, i have spoken to 3 solicitors and they all are giving me mixed information.
then i rang home office and asked them. and the lady served me was confused even more than me, lol.
she said it has to be within 3 months time period of your application, so i asked her if she can give me her name and employe number to use in future if something goes wrong. she replied she cant give me that coz they are not responsible for it and i shouldnt trust her statement rather i should go on website and make my own judgement about this statment.
now i am even more confused, and more worried. Is there anyone who is switching from psw to entrepreneuer? and can help me understanding the statment below.

plz give me some expert advice over these lines,

" were, on a date no earlier than three months prior to the date of application ".

help will be really appreciated.
Many thanks.

Hi

She has given you right advise. You are confusing yourself. Thats all...

[innovative_entrepreneur]

you can register at any time but it has to be continued within the last three months prior to the application.

so not necessarily u hav to register within three months prior to your application, if you already register bfore three months UKBA wants to know whether you are still continuing within the last three months.

Agree with you.

[eternity1193]

Hi there,

I have the same confusion about having a company registered older than 3 months or within 3 months, i have spoken to 3 solicitors and they all are giving me mixed information.
then i rang home office and asked them. and the lady served me was confused even more than me, lol.
she said it has to be within 3 months time period of your application, so i asked her if she can give me her name and employe number to use in future if something goes wrong. she replied she cant give me that coz they are not responsible for it and i shouldnt trust her statement rather i should go on website and make my own judgement about this statment.
now i am even more confused, and more worried. Is there anyone who is switching from psw to entrepreneuer? and can help me understanding the statment below.

plz give me some expert advice over these lines,

" were, on a date no earlier than three months prior to the date of application ".

help will be really appreciated.
Many thanks.

Hi

She has given you right advise. You are confusing yourself. Thats all...

Thanks alot for ur kind help,
So it means i'll have to register my company within 3 months time period of appliaction.
what if the company is 3.5 months old and i'll send them my bank statments of all the 3 current months ( to show that the company is still in operation) will that be ok??
thank you.

[beelal1]

Hi All,

I recently applied under Cat. D. Took advice from a well reputed law firm with in house accountants working in partnership with them. Advice was as below (I will endeavour to simply it with an analogy):

Company Registered: 10/11/2011
Visa Application Made: 15/10/2012
Company Documents Supplied: Registration Certificate + HMRC Letter confirming Corporation Tax Reference No (Issued on 10/09/2012.

Now the point here is that the documents you submit should have been issued within last 3 months on the date of application.

If applying on 01/12/2012 then Evidence provided should have been issued not prior than 03/09/2012 (exactly 90 days).

So the bottom line is that even if you registered your company 6 months ago....THE EVIDENCE YOU PROVIDE SHOULD SHOW THAT COMPANY WAS ACTIVE AND TRADING IN RECENT 3 MONTHS AND OBVIOUSLY SUPPORTING EVIDENCE (HMRC LETTER + DIRECTORS' REPORT ETC.) SHOULD ALSO ACKNOWLEDGE THIS.

I hope this makes sense.

And remember, if this wasn't the case then what about those applicants who show that they have already invested the money in the UK within last 12 months to claim points? They are certainly going to do two things:

1) Provide evidence that money was invested in the business say 9 months ago

2) Provide evidence that even if above company (in which they initially invested is closed down), they have new or same business which has been active in recent 3 months.

regards,

[beelal1]

sorry I meant SIMPLIFY it.

[sriks]

This is a response to someone for a FOI request to the UKBA ..

http://www.whatdotheyknow.com/request/s ... 1_entrepre

In order to benefit from the reduced investment amount needed for those
switching from Tier 1 (Post-Study Work) to Tier 1 (Entrepreneur) leave,
applicants should already have been self-employed or a director in the
period before they apply.



So in order to qualify for this provision, an applicant holding a
Post-Study Work visa must be able to supply the evidence that they were
registered as a director, or as a self-employed worker, in the three
months before they apply to enter the Entrepreneur route. Applicants who
were registered for self-employment or as directors earlier than three
months before they apply may provide the evidence that they remained
registered in the three month period before the application.



While I cannot comment on your specific circumstances, I hope that this
has helped to explain the provision.

[beelal1]

Above reply clearly confirms the position I took regarding this very matter!

[Jabs]

It maybe worth noting what is the significance of the three months. Some of you may already be aware of this.

When a company is registered, Limited or Self-Employed, HMRC gives the director(s) of the company a grace of 90 days to notify HMRC that the company is trading.

The way to notify HMRC is by registering for Corporation Tax on-line, this can only be done when Tax Reference (UTR) is issued by HMRC.

An example:

Say your company was registered 6 months ago and you did not file for Corporation Tax and now you make an Initial Entrepreneur Application and one pre-requisite is that you supply a contract for services with a client.

The date on the contract should not be beyond the 90 days from the date of Initial Entrepreneur Application.

If the date on the contract is beyond 90 days what this means you have been trading and have not informed HMRC for taxation and this is breach of law.


To keep your application simple and clear-cut is to register your company within the 90 days from when you make your Initial Application. However, if you are using a company that was registered beyond 90 days then ensure you application is water tight as this will open a can of worms.

If your company was registered beyond 90 days and pretty dormant until now then I strongly recommend to register a new company and then proceed. Even better activate the company for trading by notifying HMRC although this is not mandatory for the Initial Application providing you have not invested money in the business already.