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Tier 2 on my own company

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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d4dibz
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Tier 2 on my own company

Post by d4dibz » Sun Feb 20, 2011 11:34 am

Hello Everyone,
I own a registered limited company and I am the director of the company. Would I be able to get tier-2 if my company becomes my sponsor?
We currently have few clients and I draw salary from company that is fairly above the 20K limit.

Please advice me, Currently I am on PSW and I'm afraid I will lose everything if couldn't retain the UK visa.

Thanks all

Regards,
DZ

arsenal49
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Post by arsenal49 » Sun Feb 20, 2011 12:44 pm

do you own 10% of limited company?

i dont think you can sponsor yourself if you own more than 10% company.

can anyone back me up here?

geriatrix
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Post by geriatrix » Sun Feb 20, 2011 4:01 pm

clippedw wrote:
Conditions of leave
The following conditions apply to all Tier 2 categories:
190. You must not own more than 10% of your sponsor’s shares, if the sponsor is a limited company, unless you are applying under Tier 2 (Intra Company Transfer);

regards

raoul1987
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Post by raoul1987 » Sun Feb 20, 2011 4:10 pm

sushdmehta wrote:
clippedw wrote:
Conditions of leave
The following conditions apply to all Tier 2 categories:
190. You must not own more than 10% of your sponsor’s shares, if the sponsor is a limited company, unless you are applying under Tier 2 (Intra Company Transfer);

regards
does this mean you can still establish a limited company while on tier 2 visa? i.e as long as u dont work more than 20 hours in the supplementary job (i.e the company you established)?
regards

geriatrix
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Post by geriatrix » Sun Feb 20, 2011 4:32 pm

No.

Establishing a business (self-employment) in addition to an existing employment under sponsorship is different matter altogether from owning 10% shares of a company that may, in turn, sponsors you as a Tier 2 migrant.


regards

raoul1987
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Post by raoul1987 » Sun Feb 20, 2011 5:20 pm

sushdmehta wrote:No.

Establishing a business (self-employment) in addition to an existing employment under sponsorship is different matter altogether from owning 10% shares of a company that may, in turn, sponsors you as a Tier 2 migrant.


regards
so what can u do in them 20 hours supplementary work?
cant you work in the same profession as a self employed over the weekend? can/cant u establish a company to do the same sort of job over the weekend?

geriatrix
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Post by geriatrix » Sun Feb 20, 2011 5:56 pm

You cannot be self-employed under Tier 2, but may work in the same profession for "another employer" (an employer other than one who has provided you a CoS) for less than 20 hours a week.

Your terms and conditions of employment with such an employer must highlight the limit on working hours and the payslips issued by such an employer should also reflect hours worked (per week or per month depending on the frequency of payslips issued).


regards

raoul1987
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Post by raoul1987 » Sun Feb 20, 2011 8:44 pm

sushdmehta wrote:You cannot be self-employed under Tier 2, but may work in the same profession for "another employer" (an employer other than one who has provided you a CoS) for less than 20 hours a week.

Your terms and conditions of employment with such an employer must highlight the limit on working hours and the payslips issued by such an employer should also reflect hours worked (per week or per month depending on the frequency of payslips issued).


regards
thats where the problem arises. on days off i tend to work as a LOCUM psychiatrist i.e not counted as an employee coz you work for any company, different NHS trusts in the area, in the same profession, so you provide the services for the day only. hence its classifed as self employment.
cant see how they can disallow this in my humble opinion, but i am probably wrong.

geriatrix
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Post by geriatrix » Mon Feb 21, 2011 3:21 am

Aren't there any medical locum agencies who serve as umbrella companies? Explore around, you will find one/some!


i.e. - Take you on their payroll, pay you a salary (amount paid by trust - agency administrative charges agreed between you and agency) and take care of your NI & tax deductions while invoicing the client (trust) for the medical services you provide?

The problem I see is in your case is that you say you work as locum on your day off, as compared to taking up a fixed term locum position at a trust. That could be a reason that an umbrella company may not be interested in "hiring" you - since they cannot make enough money out of you! But no harm in exploring the market!



regards

d4dibz
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Post by d4dibz » Mon Feb 21, 2011 8:07 am

-Actually I am seeking some investment in the company and I am sure I will get it. Once I will get it my share would be definitely 10% or less. Is there any other requirements for the company to become sponsor like number of staff, turn over etc?
- I know the requirements like proper HR management etc which we will have by the time I will apply for Tier-2 as I already have more than year remaining on my PSW.

Thanks a lot for your help

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