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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you been a director within your company and do you employ anyone else?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Actually just thinking about this a bit more it is really an immigration issue so I will move it to that section and someone there will help you. Please don't reply in the meantime thanks
Thank you for your enquiry.
There are a few more questions that I need to ask before I am able to answer your questions further. I note you have stated you are directors in your company. Is your company registered under companies house?
Please note that if you are subject to worker authorisation you are required to have a registration certificate. Can you confirm what registration certificate you have - blue, yellow or purple?
Please note that being self-employed means being a sole trader and you may operate under an unregistered company. You are not classed as self-employed if you have registered your company as a limited liability company and/or being employed by your company as a director who is trading through the company and drawing a salary or as an employee.
Does your yellow card indicate specifically "as self employed or having a company"? You cannot be employed by your company and be paid as PAYE under a yellow registration certificate.
Your next step is to apply for a yellow registration certificate with all the supporting documents.
In general a yellow registration certificate is not necessary but where there are uncertainties about worker authorisation and issues relating to whether being a director is classed as being self-employed as it is the case in your situation, you should apply for a yellow certificate. Like I have said before you are not classed as self-employed if you have registered your company as a limited liability company and/or being employed by your company as a director who is trading through the company and drawing a salary or as an employee. This is a matter that needs clarification for your own benefit and to get this clarified, you need to apply for a yellow certificate with all the supporting documents and if the Home Office accepts being employed by your registered company as self-employment then you are certain. At the moment and in my opinion and from the information you have provided there is uncertainty whether your situation is genuinely self employment. Of course I cannot not give advice of which you may rely upon to do so you would need to seek legal advice outside of JustAnswer. Experts on JustAnswer are prohibited from giving legal advice.
The answer to your question is clear, you cannot be employed by my own Company and paid as PAYE if you are self-employed.
This would be clarified under your certificate. I don't believe so
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