Tier 1 visa - Director / Question

[Mabsa_guy]

Hi all,

My company is planning to hire someone who is in the UK under a Tier 1 visa (valid until 2022). We are planning to appoint that person as a Director of the company.

From a company perspective, I am assuming that this person will need to be treated as an employee, i.e, with a salary and pension contribution? The only difference is that he will be one of the directors of the company. Is my assumption correct? Are there any areas that I should pay special attention?

Thanks for your help!

[marcnath]

Hi all,

My company is planning to hire someone who is in the UK under a Tier 1 visa (valid until 2022). We are planning to appoint that person as a Director of the company.

From a company perspective, I am assuming that this person will need to be treated as an employee, i.e, with a salary and pension contribution? The only difference is that he will be one of the directors of the company. Is my assumption correct? Are there any areas that I should pay special attention?

Thanks for your help!

Which Tier 1 visa is that person on ?

[Mabsa_guy]

He’s under Tier 1 visa entrepreneurship.

[Mabsa_guy]

Help anyone? Thanks

[Frontier Mole]

Will they be a major or minor shareholder in the company?
Are they investing funds into the business?

Does your company have a tier 2 licence?

[Frontier Mole]

If the individual is not investing in the business or taking shares part ownership then he is no more than an employee. A Tier 1 Ent can not be an employee regardless of the “Director” title so you would need to employ him under a tier 2 visa.

The issue is one of what he is allowed to do under his existing visa conditions and also what your responsibility is as an employer to ensure he has the right to work for your company in the capacity you wish to employ him.

Do not take it as read you can employ him because he has a Tier 1 Ent visa - you can’t using that visa type.