Workpermit and Director

[sashank]

Hi All

Can spouse(Dependant Status) of workpermit holder become director in the company where the wp holder has permission to work?

[Wanderer]

Hi All

Can spouse(Dependant Status) of workpermit holder become director in the company where the wp holder has permission to work?

I company director can be from anywhere and even be resident in another country so I think it's ok.

However it does look extremely fishy to me, if I were the HO I'd be thinking some subterfuge occurred with the original WP app.

I'm a suspicious sod tho.

[try-one]

It is fishy;
sounds very strange that the WP holders is a mere employee and the "dependant" is a highly regarded Director!
If I were a case worker I would get suspicious.....if you have done everything by the book, then there is no specific restriction and yes, the dependant can be a director or can engage in any legal work, no restriction as to the type of company/salary/etc.

[sashank]

It is fishy;
sounds very strange that the WP holders is a mere employee and the "dependant" is a highly regarded Director!
If I were a case worker I would get suspicious.....if you have done everything by the book, then there is no specific restriction and yes, the dependant can be a director or can engage in any legal work, no restriction as to the type of company/salary/etc.

The wp holder rented the business with certain amounts to pay to the landlord's company and asked the landlord to be secretary and made his spouse direcotor. He then changed the workpermit in the same company where his spouse is director.

Is it still fishy?

[try-one]

Sashank,
Even more fishy; please correct me if I'm wrong:

- A UK company applied for a work permit on behalf of a foreign national under the argument that no UK, EC individual could do the job.
- Said WP holder arrives in the UK and "rents" the company from a parent company?

the moment you "rent" the company, you end up working for yourself, this is self employment, this is not allowed under WP rules.

- It is not fishy, it is against the rules of the WP and would lead to problems.

Is the WP holder working for himself? is the WP holder creating an artificial employment mechanism to secure work for himself?

[sashank]

Sashank,


Is the WP holder working for himself? is the WP holder creating an artificial employment mechanism to secure work for himself?

Kind of yes

[try-one]

There you have it,
You wanted to know if spouse could be a director; technically yes, spouse can be a director, in reality you are just highlighting and bringing attention to the fact that the WP is creating an artificial employment/contract and is breaking the WP rules by being self employed.

[sashank]

There you have it,
You wanted to know if spouse could be a director; technically yes, spouse can be a director, in reality you are just highlighting and bringing attention to the fact that the WP is creating an artificial employment/contract and is breaking the WP rules by being self employed.

But he came to this country as workpermit holder and that was genuine and last year the landlord wanted him to run business at his own expense and later ho approved his change of employer successfully eventhough his spouse signed to confirm her being officer of the company and want him to act as employee so technically he is employed by his wife's company

[try-one]

Sashank,
I'm not an immigration solicitor and my opinion is based on reading the available legislation....
Now,
Wife is in the UK because she is dependant on WP Holder, Wife is director of company that employs WP Holder. Clearly she can not be dependant if she employs him, the application passed because of negligence of the case worker and any hiccups in the future could cause major problems for WP holder.
Example:
- When applying for ILR the caseworker finds out that WP Holder works for Wife.....could invalidate WP, decline ILR application and give you 28 days to vacate the premises..
- Wife's company needs to apply for HO authorization to keep WP valid, case worker finds that WP Holder works for wife....
- What about an audit? do you think it would be accepted that WP holder works for wife?

anyway; you can have investor/entrepreneur/hsmp/etc visas; all legitimate.....

The fact that WP holder changed employer/WP and HO didn't notice doesn't make the WP/Wife arrangement legal/valid. It would be important to engage professional help and seek an alternative arrangement that would not break UK immigration law.

Put it simple:

run business at his own expense

; hence WP Holder is paying his employer, in other words he is self employed.......

Remember that ILR and Nationality can be revoked if obtained trough deception.

[sashank]

Remember that ILR and Nationality can be revoked if obtained trough deception.

Are they really bothered about it though i know it can be revoked legally. I meant to ask how possible is it?

[try-one]

Sashank,
I'm not in a position to give a qualified assessment of the risks of breaking immigration law.

[sashank]

Sashank,
I'm not in a position to give a qualified assessment of the risks of breaking immigration law.

Lets have second opinion