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Right to work Initial Application - What if refused

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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zamaha
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Right to work Initial Application - What if refused

Post by zamaha » Fri Feb 03, 2017 8:17 pm

I am asking this for my information as my application is still in process.
I am the only person in my company, I am not taking any salari only dividend not PAYE salaries. If God forbids I got refusal can I continue to work? My app is initial not ext.

noajthan
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Location: UK

Re: Right to work while 2nd application in process

Post by noajthan » Fri Feb 03, 2017 9:52 pm

If you have no valid visa giving you leave then clearly, no, you could not work.
If you did there would be grave consequences.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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zimba
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Re: Right to work while 2nd application in process

Post by zimba » Fri Feb 03, 2017 11:31 pm

zamaha wrote:I am asking this for my information as my application is still in process.
I am the only person in my company, I am not taking any salari only dividend not PAYE salaries. If God forbids I got refusal can I continue to work? My app is initial not ext.
In this case you are fine for now, I suggest to avoid getting new contracts until you hear the results of your application.
If you fail to switch to Tier 1E, you must close down the company and pay all taxes before taking the money.
Hopefully you get your visa sorted and this will never need to happen :wink:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

zamaha
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Joined: Fri Oct 28, 2016 1:28 am

Re: Right to work while 2nd application in process

Post by zamaha » Sat Feb 04, 2017 2:33 am

zimba88 wrote:
zamaha wrote:I am asking this for my information as my application is still in process.
I am the only person in my company, I am not taking any salari only dividend not PAYE salaries. If God forbids I got refusal can I continue to work? My app is initial not ext.
In this case you are fine for now, I suggest to avoid getting new contracts until you hear the results of your application.
If you fail to switch to Tier 1E, you must close down the company and pay all taxes before taking the money.
Hopefully you get your visa sorted and this will never need to happen :wink:
Dear Zimba
What you mean? Can't I apply whitin 14 days for the 2nd application? In the meantime until to get the result, you mean I have to work only as the director not somebody who managed the contracts? It is 6 months now and I am sort of paranoid :(

noajthan
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Location: UK

Re: Right to work while 2nd application in process

Post by noajthan » Sat Feb 04, 2017 7:39 am

If your business is structured such that you and only you can do the work, and contracts cannot stand alone and be fulfllled without you, then you may be sailing too close to the wind anyway.
Check you are not in reality simply an employee working for a single or few clients.

Suggest you run a few simple sanity checks against your business model.

You could do worse than start here:
http://www.immigrationboards.com/uk-tie ... e#p1445105
All that is gold does not glitter; Not all those who wander are lost. E&OE.

zamaha
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Posts: 254
Joined: Fri Oct 28, 2016 1:28 am

Re: Right to work while 2nd application in process

Post by zamaha » Sat Feb 04, 2017 11:47 am

noajthan wrote:If your business is structured such that you and only you can do the work, and contracts cannot stand alone and be fulfllled without you, then you may be sailing too close to the wind anyway.
Check you are not in reality simply an employee working for a single or few clients.

Suggest you run a few simple sanity checks against your business model.

You could do worse than start here:
http://www.immigrationboards.com/uk-tie ... e#p1445105
Dear Noajthan
I am not working as an employee for other companies. In fact, I run a company which deals with individuals. An employee can do my job when qualified but as this is swiching application, I do not have any employees right now. So, I am the only one that do all the jobs. I am planning to employ someone after I got my approval.

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zimba
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Re: Right to work Initial Application - What if refused

Post by zimba » Sat Feb 04, 2017 2:01 pm

What you mean? Can't I apply whitin 14 days for the 2nd application?
You can apply but that does NOT mean you are not an overstayer.
See: http://www.immigrationboards.com/uk-tie ... 24701.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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