New rules and agency work

[entrepreneur123]

hi,
After new rules published, do you think it will be ok to work or take work/contract through recruitment agencies? i.e working as contractor

[aby00156]

Yes, it should be fine the only condition is that you cannot work as a PAYE or through an umbrella company. You have to work using your established limited company or you can say that the services should be provided by your company and the money should come in your business account

[entrepreneur123]

aby00156 its not that simple now, as its confusing, please read it

From guidance policy page 49

Genuine Entrepreneur Activity (contract of service with another business)
A41. If you are granted leave to enter or remain as Tier 1 (Entrepreneur) migrant, your leave will prohibit you from engaging in employment except where you are working for the business which you have established, joined or taken over. You will comply with this restriction if, for example, you are employed as the director of the business in which you have invested, or if you are working in a genuinely self-employed capacity. In this capacity you will have a contact for service.
You may not, however, be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where
your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to, that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contact of service. This applies even if it is claimed that such work is undertaken on a self-employed basis.
In considering whether your work amounts to genuine self-employment (and is therefore work for the business which you have established, joined or taken over) or is in fact employment
by another business, we will take into consideration the factors set out at: http://www.hmrc.gov.uk/employment-status/index.htm#1.
If your work amounts to no more than employment by another business, we may consider you to be working in breach of your conditions of stay, and that you are therefore liable to curtailment of your stay and/or removal from the United Kingdom.

Yes, it should be fine the only condition is that you cannot work as a PAYE or through an umbrella company. You have to work using your established limited company or you can say that the services should be provided by your company and the money should come in your business account

[frank.liu]

I got the tier1 ent. visa on 23/Apr/2014, but I applied it at 27/Mar/2014. Dose the new policy apply my case?

[entrepreneur123]

they apply to all.

[rehan01]

@ entrepreneur123


i think i have mention it before and i am saying it again ......... IT IS NOT ALLOWED and can lead to curtailment of leave.

I am sorry if i sound rude or harsh but in reality many of us who got Tier 1 entrepreneur visas are now trying to play around with system and find a way to keep the ball rolling.

so whatever we do we should play safe and stay with in rules otherwise can face some serious problems.

regards

aby00156 its not that simple now, as its confusing, please read it

From guidance policy page 49

Genuine Entrepreneur Activity (contract of service with another business)
A41. If you are granted leave to enter or remain as Tier 1 (Entrepreneur) migrant, your leave will prohibit you from engaging in employment except where you are working for the business which you have established, joined or taken over. You will comply with this restriction if, for example, you are employed as the director of the business in which you have invested, or if you are working in a genuinely self-employed capacity. In this capacity you will have a contact for service.
You may not, however, be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where
your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to, that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contact of service. This applies even if it is claimed that such work is undertaken on a self-employed basis.
In considering whether your work amounts to genuine self-employment (and is therefore work for the business which you have established, joined or taken over) or is in fact employment
by another business, we will take into consideration the factors set out at: http://www.hmrc.gov.uk/employment-status/index.htm#1.
If your work amounts to no more than employment by another business, we may consider you to be working in breach of your conditions of stay, and that you are therefore liable to curtailment of your stay and/or removal from the United Kingdom.

Yes, it should be fine the only condition is that you cannot work as a PAYE or through an umbrella company. You have to work using your established limited company or you can say that the services should be provided by your company and the money should come in your business account

[leela77]

Hi Rehan,
Congratulations.I was looking in the forums from long time for the seniors who got their ILR as Tier 1 Entrepreneur and I found you.
I am applying for my ILR as Tier 1 entrepreneur(5 years as entrepreneur)and I am submitting below mentioned documents.Please kindly advise if I am missing any thing.
1.Director current appointment report(latest)
2.Another directer report taken with in 8 months before specified period.
Investments
Provided during Extension but providing again
1.Un-audited accounts(do I need to provide all 5 years account?or is it okay if I provide only the accounts that I have invested the money)
2.Directer loan agreement along with Statutory declaration.
3.print out from companies house to prove the business address
4.business bank account statement
5.HM Revenue letter to evidence the business is subject to taxation.
new jobs after the extension.
1.Employee pay and deduction record From RTI.(joining date is available on pay record,do I need to provide Full payment submissions)
2.employees passport pages.
3.Pay slips
5 years Residency
Not giving any documents(please advise ,do we need to submit any evidence)
Finance and home.
Mortgage document
personal account with 10k balance in it.
3 months pay slips(taking 833.33 pounds as director salary)
Do I need to give p60?
6.Language and life in uk certificates
7.Cohabitation documents for dependents.
8.passports and Biometric cards.

Please kindly advise me regarding this.Thanks in advance

[leela77]

some body tried to reply through private message,since I am new member I can not access private messages.

[MTZ510]

some body tried to reply through private message,since I am new member I can not access private messages.

You mind sharing what specific documents you have sent at the time of extension?

Thanks

[rahulsingh1]

Hi Leela, thanks.

We have asked you once before on your previous posts to kindly help us know what documents/procedure you sent/followed for extension, but did not hear anything from you.

Any reply will be very kind, like you expect to be helped here, if you would be so kind to receiprocate please.

Best

[ishfaqsangra]

Did you get Commercial or residential mortgage?

[leela77]

Sorry Rahul I was busy with my ILR
During extension I have submitted all above mentioned document(except below documents), plus 3 months bank statements for maintenance.
Below documents are required for ILR.
1.Mortgage document
2.personal account with 10k balance in it.
3.months pay slips
4.life in uk certificates
5.Cohabitation documents for dependents.

[leela77]

Hi Rahul,
since I am new member I can not send private message.looks like Rehan01 got ILR as Tier 1 entrepreneur,if you don't mind can u please send private message to him to reply to my post.
Sorry if I shouldn't request like this but I am desperately looking for some seniors advise who got their ILR as Tier 1 Entrepreneur.Thanks

[attahaas]

Hi Rahul,
since I am new member I can not send private message.looks like Rehan01 got ILR as Tier 1 entrepreneur,if you don't mind can u please send private message to him to reply to my post.
Sorry if I shouldn't request like this but I am desperately looking for some seniors advise who got their ILR as Tier 1 Entrepreneur.Thanks

Leela, increase your post count to more than 10 (now it's 6). Then you would be able to work with PMs.

[leela77]

Thanks Attahaas

[leela77]

Hi ishfaqsangra,
You have asked (Did you get Commercial or residential mortgage?)
I am providing mortgage document as a evidence for HOME AND FINANCE(Section 5 of ILR).not as part of my investments.

[leela77]

Hi,
Please seniors advise regarding continuous 5 years stay in U.K.
for Tier 1(Entrepreneur) ILR what evidence we need to provide.