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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 951
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Croatia is in EU since July 2013. but still under some work

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I am Croatian. Croatia is in EU since July 2013. but still under some work restrictions.
We can be self employed and/or have a company. We have a Company and are directors in our own company.
Questions is: can we be employed by our company and be paid as PAYE?
Thank you!

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Hi Ben!
Can you please answer the above?
Thanks

How long have you been a director within your company and do you employ anyone else?

Customer: replied 1 year ago.
We don't employ anyone else. My husband and myself are the only ones and we are both directors. The Company was formed in May 2015

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.

Customer: replied 1 year ago.
OK. Thank you.
If it is possible to check because for us it would be very beneficial if we could be employed and paid by PAYE.

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

Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Dear Nicola,
Thank you for clarification.
I already made a payment for urgent and detail answer and I was expecting that kind of service.
As I said, I need an urgent answer so please proceed with following.
Waiting for further information.
Regards,
XXXXXXXXXXX
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola

Hello

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.

Customer: replied 1 year ago.
Dear Frantz,Yes, our Company is registered under Companies House. It's are registered as Ltd.
As self-employed or having a company we are under yellow certificate, but at Home Office said that we aren't obliged to have one ( .... You don’t need a certificate to work for yourself in the UK if you’re self-employed, but you can apply for a yellow registration certificate to prove your right to be self-employed.....) eventually we were thinking to apply for one.
But, we do have NINo and UTR number and others....
Also, does that mean we can be paid as PAYE as directors in our own Company?
Thank you so much for your help.

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.

Customer: replied 1 year ago.
We don't have a yellow certificate. We never applied for one as Home office said we aren't obliged. As mentioned previously, we do have NINo and UTR number.
Also, as Croatian we can have a company and be a director in a Company. We would like to continue with the Company.
So, what shoud be my next step?

Your next step is to apply for a yellow registration certificate with all the supporting documents.

Customer: replied 1 year ago.
But, Frantz, we already spoke with Home Office. We have all documents. We can apply for yellow certificate but it isn't necessary.
If we apply for yellow certificate, to apply for what? And , when I do that what to do after that, what is next move?
The question is/was: as Croatian can I be employed by my own Company and paid as PAYE?

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.

Customer: replied 1 year ago.
Can I be director of UK Company and paid as PAYE? Not a self employed.

This would be clarified under your certificate. I don't believe so

Customer: replied 1 year ago.
Thanks so much for your time & help!!
Regards,
XXXXXXxx

Please rate if you will.

Customer: replied 1 year ago.
Uh, sorry! I forgot!

Thank you

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Category: Immigration Law
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Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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