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Should I register as self-employed or bring my Romanian business over?

Discussion in 'ARHIVA' started by gorgeoux, Jul 23, 2007.

  1. gorgeoux

    gorgeoux New Member

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    Dear all,

    I'm Romanian and going to move to UK at year's end to live my British boyfriend in London. I've visited him many times and in the next months I'll be in London every other week to sort out paperwork and our flat.

    I hope it is better to post in English. However, answers in Romanian as just as welcomed.

    I need to learn what the best solution is for me to become a resident. I will not marry soon, I don't plan becoming a student again, and I don't want to be employed. It seems that my only option would be to register as self-employed, which seems easiest under present regulations but may not help me much in the long term.

    I have a company registered in Romania, with a Romanian partner, in professional services. Next year I will still do business with Romania and hopefully, with UK, too. In view of that:

    1. Is there any way I can become a resident by working for my Romanian business?
    2. Do I need to set up a local branch?
    3. If so, how do I set up a local branch?
    4. Will I have to register with HM Revenue & Customs?
    5. Considering double taxation acts, will it mean that I have to pay VAT in UK as I'll be a UK resident?
    6. How will that work with my partner staying in Romania and having to pay VAT in Romania?
    7. If there's a legal way to separate the two revenue streams, what do I have to do about it in UK and in Romania?

    At the same time, I consider starting a business in UK next year, in a different field. I believe I have the right to start a LTD. In that case:

    8. How do I start a LTD?
    9. Is there a minimum investment required in the LTD?
    10. In what way is it related to me being a resident or not?

    I hope that at least one of you has investigated these directions before and I appreciate any advice.
     
  2. Anonymous

    Anonymous Guest

    Buna gorgeoux

    ai cam multe intrebari si nu stiu daca este cineva care iti poate raspunde . Insa vom incerca sa te indrumam catre reasearch.

    Citeste aici:
    1. despre ltd

    http://www.companieshouse.gov.uk/

    http://www.easyformations.net/index.asp ... lAod3Q6BGQ

    2. despre double taxation

    http://www.hmrc.gov.uk/manuals/dtmanual/dt16050+.htm

    3. Referitor la legatura dintre rezidenta si business, nu stiu nici una. Vei deveni rezident in 2012, dupa 5 ani de rezidentiat in UK ca cetatean EU.

    Sa mai asteptam si alte pareri.

    Numai bine si intre timp citeste ce ti-am recomandat. -wave-
     
  3. gorgeoux

    gorgeoux New Member

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    Buna Nicole24,

    si multumesc pentru raspuns.

    Am trecut prin cele doua website-uri pentru companii. Despre DT citisem deja si speram ca cineva sa recomande cum folosesc multitudinea de informatii in cazul meu specific.

    Astept cu incredere si alte sugestii. De exemplu, daca ar fi de ajutor sa ma adresez ambasadei.

    Numai bine.
     
  4. adynutza

    adynutza New Member

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    Din cate inteleg tu vrei sa stai legal aici si sa iti continui afacerile cu firma care o ai acasa, deci cred ca ar trebui sa te inregistrezi ca self-suficient (daca tii neaparat sa te inregistrezi ca ceva)
     
  5. dst

    dst Member

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    In your situation the 'Posted Worker' regulations would apply. Excerpt below taken from the Joint Council for the Welfare of Immigrants publication 'The Accession (Immigration and
    Worker Authorisation) Regulations 2006: Implications for UK employers and Bulgarian and Romanian (“A2”) nationals in the UK'


    Posted Workers

    When companies based in other EU/EEA states, and employing workers in that
    state, ‘post’ a worker to the UK, such a person is known as a ‘posted worker’.
    Posted workers are not accession state nationals subject to worker authorisation
    during any periods in which they are posted workers.

    A company or firm in Bulgaria or Romania could transfer its employees for fixed
    or finite periods of time using the freedom to provide services provisions under
    Articles 49 and 50 EC Treaty. Such a transfer could be attractive to a person who
    simply wishes to work and earn money in the UK and who is not interested in
    acquiring, at least in the short term, a permanent right to reside or British
    citizenship. If the object is to live and work in the UK, and earn wages, this
    option should not be rejected at the outset.

    To take advantage of the freedom to provide services, a company providing
    services of economic value would need to be established in Bulgaria or Romania.
    The company would need to be incorporated in Bulgaria or Romania. Thereafter,
    the relevant employees would need to come to the UK to provide services. The
    service provision would have to be of a temporary nature. Services do not
    include activities carried out on a permanent basis or without a foreseeable limit
    to duration.

    If a Bulgarian or Romanian company obtains a sub-contract from an English company for works or specific projects to be carried out, for example, on the
    Olympic site in Stratford, east London, it could transfer Bulgarian or Romanian
    employees here to undertake such work. It is a condition precedent of such an
    arrangement for the provision of services by the Bulgarian or Romanian company
    that the employee must have been lawfully and habitually employed by the
    company prior to being posted.

    There are three scenarios in which nationals of Bulgaria or Romania may be
    posted workers. The first has been covered by the example of the Olympic
    project set out above. The second scenario is where a Bulgarian or Romanian
    company established in Bulgaria or Romania, posts one of its workers to an
    establishment or subsidiary it owns in England for a limited period, provided that
    the Bulgarian or Romanian company remains the employer for the period of the
    posting. The third is by far the most interesting. It is a scenario where a
    Bulgarian or Romanian company established in Bulgaria or Romania as a
    temporary employment, undertaking or placement agency, hires out workers to
    any English company pursuant to a contract, provided that the Bulgarian or
    Romanian company remains the employer for the period of the posting.

    Put simply, a Bulgarian or Romanian employment or placement agency, that
    retains workers as its own employees, can hire them out for profit to any English
    company and move them to the UK for the purpose of carrying out fixed term or
    project work. There is nothing to prevent a Bulgarian or Romanian company
    paying its own workers wages at UK levels for fixed term or project based work
    done in the UK. So long as the English company pays the Bulgarian or
    Romanian company a commercial fee for the work and the latter pays its
    employees wages for undertaking the work, the work is lawful and there is a right
    of residence for the employees for the duration of the project.


    The drawbacks are that the period of residence will not lead to the permanent
    right of residence or eventually naturalisation as a British citizen. However, such
    persons could still earn money at UK rates, protected by UK employment law and
    live in the UK on that basis. Moreover, working for fixed or finite periods and
    working on projects is quite a common and flexible way of working, attractive to
    many people. There is no obvious reason why a person could not work on a
    succession of projects in the UK with breaks in Bulgaria or Romania in between.
     
  6. expertparchet

    expertparchet New Member

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    Face cineva o traducere pe scurt a textului??? adica esentialul!
     
  7. ukok

    ukok New Member

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    Given the information you have provided, self employed is the way to go. It will give you the right of permanent residence in 5 years. As a posted worker you will never get that.
    In order to get permanent residence you have to be in UK for 5 years as a legal resident, and to be a legal resident you have to be a student, a worker (legal), self employed or self suficient.
    Again, based on the your particular information (don't want to be a student, don't want to work, not going to get married soon), if you declare youself self employed, you will aquire the right to permanent residence in 5 years and in the meantime you can do all the things you said absolutely legal.

    Oh, I almost forgot, DO NOT SEND ANY DOCUMENTATION TO HOME OFFICE ASKING FOR THE YELLOW CERTIFICATE, YOU DON'T HAVE TO ASK ANYTHING!
    It is your right as an EU citizen to be self employed in any EU country, and although the Home Office tried very hard to screw us on this matter as well, it remains the only field where EU law actually has prevailed. As self employed you don't need to have any contact , none, with the Home Office and if you do, you'll regret it.

    O sa spun asta si in romana pentru ca eu consider ca e foarte important:
    NU TRIMITETI NICI UN FORMULAR LA HO PENTRU SELF EMPLOYED! VETI REGRETA DACA O FACETI SI NICI NU E NECESAR DIN PUNCT DE VEDERE LEGAL. Nu va ajuta cu nimic, iar rezidenta permanenta tot o obtineti dupa 5 ani.
     
  8. Oana

    Oana New Member

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    In sfarsiiiiiiiit! Cineva care spune asta din nou,am spus-o si eu de f.f.f.f.f. multe ori si se pare ca nimeni nu crede....ca self-employed nu esti obligat sa iei yellow card,nu trebuie sa faci absolut nimic in privinta asta.Este la alegerea fiecaruia daca vrea sa-si ia cardul galben ca self-employed,dar dupa parerea mea e ca si cum ti-ai bate singur cuie in talpa.Dupa ce v-ati luat NINO stati fratilor linistiti si atat,nu mai completat formulare ca dupa aia va trebui sa raspundeti la si mai multe intrebari
     
  9. gorgeoux

    gorgeoux New Member

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    Thank you all for your kind replies and help, I have a better idea of my options right now. Looking forward to be able to help back.

    Multumesc tuturor pentru raspunsuri si ajutor. Acum stiu mai bine care imi sunt optiunile. Abia astept sa pot intoarce favoarea.
     
  10. mrskull

    mrskull New Member

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    AM inteles (poate gresesc) ca nu poti lua NINO daca nu ai acel card, este o cerinta obligatorie cand aplici pentru NINO.
     
  11. Oana

    Oana New Member

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    Pentru self-employed poti sa iei NINO fara yellow card,cand vei primi scrisoarea de la ei cu confirmarea interviului vei vedea exact ce acte vor : cateva facturi,un bank statement ca dovada de adresa,buletinul sau pasaportul,un contract sau doua (daca ai) si scrisoarea de la Home Office ca sa dovedesti ca te-ai inregistrat deja ca self-employed si ca de asta vrei NINO,ca sa-ti platesti taxele. Cand aplici pt yellow card ca self-employed iti cer si National Insurance Contribution Card(si eventual o factura pt taxe achitata),deci e destul de clara ordinea.Noi asa am luat toate actele acum 2 luni si a fost ok,acest yellow card este totusi foarte util in cazul in care ai sot/sotie in UK si acestia vor sa ia Accesion Worker Card(daca nu ai dependenti,esti liber sa nu aplici pt el,deoarece nu este obligatoriu).

    PS : Am citit pe forum acum cateva zile,nu mai stiu exact unde ,ca este obligatoriu daca esti student,si ca idee mi se pare destul de normal,te duci la interviul pt NINO si trebuie sa dovedesti ce statut ai in UK ,iar pe langa asta trebuie sa dovedesti si de ce iti trebuie NINO(o oferta de munca,un contract,ceva),ca sunt si studenti care nu lucreaza,deci automat nu au nevoie de el....
     
  12. mrskull

    mrskull New Member

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    Multumesc, oana.
    Intrebarea e - cum se ia scrisoarea de la HO? Adica persoana (e pt prietenul meu informatia) se inregistreaza la inland revenue si pe urma?
    Mersi mult pentru ajutor.
     
  13. Oana

    Oana New Member

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    Pai dupa ce se inregistreaza prin telefon ii vor trimite cei de la Home Office o scrisoare in care scrie ca l-au inregistrat si ca trebuie sa se programeze pt NINO.Mie mi-a venit cam dupa vreo 5 saptamani de cand am sunat.

    Mult succes prietenului tau !
     
  14. mrskull

    mrskull New Member

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    mersi mult
    deci ideea e ca nu trebuie sa sune la HO, daca s-a inregistrat, cei de la HO ii vor trimite o scrisoare automat?
     
  15. thrifty

    thrifty New Member

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    , if you declare youself self employed, you will aquire the right to permanent residence in 5 years and in the meantime you can do all the things you said absolutely legal.

    Oh, I almost forgot, DO NOT SEND ANY DOCUMENTATION TO HOME OFFICE ASKING FOR THE YELLOW CERTIFICATE, YOU DON'T HAVE TO ASK ANYTHING!
    It is your right as an EU citizen to be self employed in any EU country, and although the Home Office tried very hard to screw us on this matter as well, it remains the only field where EU law actually has prevailed. As self employed you don't need to have any contact , none, with the Home Office and if you do, you'll regret it.

    O sa spun asta si in romana pentru ca eu consider ca e foarte important:
    NU TRIMITETI NICI UN FORMULAR LA HO PENTRU SELF EMPLOYED! VETI REGRETA DACA O FACETI SI NICI NU E NECESAR DIN PUNCT DE VEDERE LEGAL. Nu va ajuta cu nimic, iar rezidenta permanenta tot o obtineti dupa 5 ani.
    [/quote]

    i am self employed and english and have been self employed for more than 10 years, i have a romanian girlfriend and we will come to UK in november, i have checked the legislation and the self employed route is by far the best way any romanian can work in the uk. first register with the tax office then get an accountant sau contabil, no more than 250 quid sau nu prea mult la ?250 de lira per ani platit de loc, fac un ani si dupa fac cont cu contabil si platit impozit 6th april end of tax year but you have until some time in january the year afeter to file your accounts the tax year works a year almost behind;-) it also can work for you but you need a acountant who is open and flexibil ;-) ooohhh yeah and when you register with the tax office you will also get a national insurance number issued i think but correct me if im wrong.but they should be able to advise you how you can get one too. its about 10 quid a month for class 3 self employed persons for NI., with a good accountant you will pay zero tax or mnimal depends on your business i havnt paid tax for 5 years -finger-

    1. Is there any way I can become a resident by working for my Romanian business? YES
    2. Do I need to set up a local branch? MMMMM UP to you but good idea
    3. If so, how do I set up a local branch? just do it all you need is an address
    4. Will I have to register with HM Revenue & Customs? yes the tax office
    5. Considering double taxation acts, will it mean that I have to pay VAT in UK as I'll be a UK resident? UK VAT only Kicks in if your UK business has turn over of more than ?50000 (please check it used to be 30,000 but it changed)
    6. How will that work with my partner staying in Romania and having to pay VAT in Romania? Get a good international accountant you could clean up
    7. If there's a legal way to separate the two revenue streams, what do I have to do about it in UK and in Romania? in uk just do what you want in romania i dont know but a bit of manipulating always helps :)

    At the same time, I consider starting a business in UK next year, in a different field. I believe I have the right to start a LTD. In that case:

    8. How do I start a LTD? Use your UK accountant dont buy an off the shelf company make a new one it should cost no more than ?200 in total including your accountants fees
    9. Is there a minimum investment required in the LTD? ?1.00
    10. In what way is it related to me being a resident or not? none as a forign citizen you can be a director of a UK Ltd co, i had one with a romanian in 2005, you can o what you want now much easier just check out money laundering regulations... i think its cash ?2500 limit but by bank transfer company to company no problems.
    Hope these help you ? :)
     

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