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Is your work as a contractor amounts to just a replacement job that the client can hire?Dayyurite wrote:I am currently working as a contractor through my Limited company and the money is pay into my company bank account.
Is this breaching the new immigration rule/law or not.
Please advice me as I don't want to breach the rule and I will be completing my 10 years in UK next year.
Many thanks in advance
Hello Dayyurite,Dayyurite wrote:I am currently working as a contractor through my Limited company and the money is pay into my company bank account.
Is this breaching the new immigration rule/law or not.
Please advice me as I don't want to breach the rule and I will be completing my 10 years in UK next year.
Many thanks in advance
Yes, any contract can be easily replaced by another CONRACTOR. But, does that contract amount just to a replacement job? It may or may not. The contract could amount to a job profile too, as in paid by the hour - working at the client's location - working hours defined by the client, etc., as defined in the link I provided earlier. But, all contracts/contractors DON'T amount to a job replacement. So, you should be careful to make your contract NOT look like one.Dayyurite wrote:Thank you very much for you reply.
My company is paid per day and the money is paid into my company bank account.
Obviously for any contract the any business/company can easily replace a contractor with another contractor.
I am thinking of leaving the contract but it will be difficult to put food on the table for family without this job as business activities apart from this contract is not generating enough now
many thanks
dayyurite
It doesn't quite sound like a problem free contract IMHO. A problem free contract, for example, would sound like a few months or a periodic contract with no number of hours restriction, you would provide service as and when required. Some IT contracts define the requirements for a particular program/app the client wants the contractor to develop within, say, 6 months for 20K (example only) with other technical terms and conditions. This is what the HO might look for when you are a self-employed contractor on a T1E visa.Dayyurite wrote:Thank you all for the response. I really appreciate it.
I receive daily rate for the contract and work at client office which is a bank.
Also, I must be at work for at least 7.5hrs for a full day rate or less than 7.5hrs for half day rate.
The business I used to collect visa is Accounting services and my contract with bank is audit and compliance consultant and contract is in written by bank with my company.
Is that a problem free contract for HO purpose
This is very good advice IMOattahaas wrote:It doesn't quite sound like a problem free contract IMHO. A problem free contract, for example, would sound like a few months or a periodic contract with no number of hours restriction, you would provide service as and when required. Some IT contracts define the requirements for a particular program/app the client wants the contractor to develop within, say, 6 months for 20K (example only) with other technical terms and conditions. This is what the HO might look for when you are a self-employed contractor on a T1E visa.Dayyurite wrote:Thank you all for the response. I really appreciate it.
I receive daily rate for the contract and work at client office which is a bank.
Also, I must be at work for at least 7.5hrs for a full day rate or less than 7.5hrs for half day rate.
The business I used to collect visa is Accounting services and my contract with bank is audit and compliance consultant and contract is in written by bank with my company.
Is that a problem free contract for HO purpose
What you provided to apply for visa doesn't matter at all. What you ARE DOING matters for extension. In your case, as "audit and compliance consultant" you should just provide the service based on requirements defined in the contract for a particular period of time without the limit of working hours, for a specified amount. You should define the scope of the service provided and come to an understanding with the client. Any more work out of the scope of work/service defined in the contract should be charged additionally. It shouldn't matter whether you work 2hrs or 20hrs/day, as long as you provide your services per the contract you should get paid the amount agreed for.
So long as your contract is valid, the client should pay you/your company, even if they don't need your services for a few days and need more service on other days. While this is the case, if the service requires you to be present at the client's location, it's OK too.
Your contract with full day rate with 7.5hrs restriction does sound very analogous to per hour rate. So, it is not quite a problem free contract. I would strongly recommend you to rewrite the contract to follow the HO guidelines to fit the definition of 'self-employed', while keeping the interests of both parties.
Are you paid/contracted via an agency?Dayyurite wrote:Thank you all for the response. I really appreciate it.
I receive daily rate for the contract and work at client office which is a bank.
Also, I must be at work for at least 7.5hrs for a full day rate or less than 7.5hrs for half day rate.
The business I used to collect visa is Accounting services and my contract with bank is audit and compliance consultant and contract is in written by bank with my company.
Is that a problem free contract for HO purpose
I am contracted and paid by agancyWanderer wrote:Are you paid/contracted via an agency?Dayyurite wrote:Thank you all for the response. I really appreciate it.
I receive daily rate for the contract and work at client office which is a bank.
Also, I must be at work for at least 7.5hrs for a full day rate or less than 7.5hrs for half day rate.
The business I used to collect visa is Accounting services and my contract with bank is audit and compliance consultant and contract is in written by bank with my company.
Is that a problem free contract for HO purpose
Dayyurite wrote:I am contracted and paid by agancyWanderer wrote:Are you paid/contracted via an agency?Dayyurite wrote:Thank you all for the response. I really appreciate it.
I receive daily rate for the contract and work at client office which is a bank.
Also, I must be at work for at least 7.5hrs for a full day rate or less than 7.5hrs for half day rate.
The business I used to collect visa is Accounting services and my contract with bank is audit and compliance consultant and contract is in written by bank with my company.
Is that a problem free contract for HO purpose