Tier 1 Entrpreneur Visa - Working limits

[camuk75]

I am looking at the restrictions on working conditions, specifically clause 245K (iii)
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over

My question is if I set up a limited company, register it with Companies House, and then work through an agent to contract out my services would this satisfy point a(iii) above. To try and clarify further: I will set up a limited company that will invoice an agency. The agency invoices the company who I have done work for. The company pays the agent who then pays my limited company business account. From that business account I pay myself salary and dividends.

At this stage I am not concerned with the requirements to extend the visa I just want to make sure the plan detailed above is legal.

[rsrameshsunil]

camuk75, any info on this? I have the same query too!

I am looking at the restrictions on working conditions, specifically clause 245K (iii)
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over

My question is if I set up a limited company, register it with Companies House, and then work through an agent to contract out my services would this satisfy point a(iii) above. To try and clarify further: I will set up a limited company that will invoice an agency. The agency invoices the company who I have done work for. The company pays the agent who then pays my limited company business account. From that business account I pay myself salary and dividends.

At this stage I am not concerned with the requirements to extend the visa I just want to make sure the plan detailed above is legal.

[camuk75]

no new info. personally i don't think its a problem.

[H0544]

If you are invoicing the agency that means you are doing bussiness with the agency, Problem solved.

[rahulsingh1]

mate camuk75- i see that you are new to the forum.
But you ahve not put the effort to read all the topics or search for your answer first.

Your question has been answered many many times in this forum.

it is allowed.

I am looking at the restrictions on working conditions, specifically clause 245K (iii)
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over

My question is if I set up a limited company, register it with Companies House, and then work through an agent to contract out my services would this satisfy point a(iii) above. To try and clarify further: I will set up a limited company that will invoice an agency. The agency invoices the company who I have done work for. The company pays the agent who then pays my limited company business account. From that business account I pay myself salary and dividends.

At this stage I am not concerned with the requirements to extend the visa I just want to make sure the plan detailed above is legal.

[aliq09]

mate camuk75- i see that you are new to the forum.
But you ahve not put the effort to read all the topics or search for your answer first.

Your question has been answered many many times in this forum.

it is allowed.

I am looking at the restrictions on working conditions, specifically clause 245K (iii)
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over

My question is if I set up a limited company, register it with Companies House, and then work through an agent to contract out my services would this satisfy point a(iii) above. To try and clarify further: I will set up a limited company that will invoice an agency. The agency invoices the company who I have done work for. The company pays the agent who then pays my limited company business account. From that business account I pay myself salary and dividends.

At this stage I am not concerned with the requirements to extend the visa I just want to make sure the plan detailed above is legal.

Hi ,

It's really a tricky question so the answer will be tricky :::: You have to establish a new business for which , you are in control of that business in all acitivities . As per your case , if you are using the " RESOURCE " from the client i.e sitting in client office and doing the normal IT work or other , than it's not allowed . I have seen some discussion in this board that a person was rejected by agency to award the contract as he was on ENT visa .

It's very clear in the clause that the business must be estalished , carry on but it should be your business and you have ALL THE RESOURCES to do it rather than using the RESOURCES of other business . We can talk about here the term " SERVICES" but it should satisfy the following needs

1) Your own business place with proper business lease / rent agreement
2) Proper Advertisment in the news / Yell
3) Employ/ PAYE sysytem.
4) With 1-3 points you are SEEKING Software contracts with other companies while employing people
5) ENT person is always /usually involved in BUSINESS EXPANSION activity rathar than sitting in the client office ( but it depends on number of factors and his or her expertise areas .

Just going to some office in London and doing IT contracting while using ALL THE RESOURCES of client is not in the scope of this VISA . IMO , you are just extending your PSW VISA .

Please consult some good immigration advisor as this will cause you some issues in renewal in further stages .

I am not an expert in this area but i have tried a little defination of ENT and ofcourse UKBA designed this visa to EXPAND economy .

Good advice / opinion always welcome !

[Ent813]

Hi Aliq09,
I appreciate your valued opinion but you definitely need to consider things from all angles.

Business services are business services. You can sit in client's office for 2, 6 or 12 months and still expand your own business and create jobs. Can you expect an electrical technician to sit in his own home and resolve the technical issues of lets say his client Vodafone UK??? You are more than welcome to sit in your own office and expand your business but if the business services require you to sit in client's office unfortunately nothing can stop you! No double standards! If someone is so worried about the economy, he/she is more than welcome to invest 100 million pounds in the city of London and create some 5000 jobs for the British prople. Agencies not giving contracts to Tier 1 E holders are completely ignorant and need to educate themselves!

[rahulsingh1]

Well written. I know a couple of people who are contractors on this visa. Not just IT, you could run a food catering business which is always on a client site. You could run a inventory company, which has to be client site. you cant do a house inventory from your office !?
there are many examples.


Also please remember Aliq09 and other skeptics.

That this visa allows you to be SELF EMPLOYED as well !

Now what does self employed mean according to HMRC ? thats your answer. And that is allowed.

Hi Aliq09,
I appreciate your valued opinion but you definitely need to consider things from all angles.

Business services are business services. You can sit in client's office for 2, 6 or 12 months and still expand your own business and create jobs. Can you expect an electrical technician to sit in his own home and resolve the technical issues of lets say his client Vodafone UK??? You are more than welcome to sit in your own office and expand your business but if the business services require you to sit in client's office unfortunately nothing can stop you! No double standards! If someone is so worried about the economy, he/she is more than welcome to invest 100 million pounds in the city of London and create some 5000 jobs for the British prople. Agencies not giving contracts to Tier 1 E holders are completely ignorant and need to educate themselves!

[maxwake]

dividends?

it is private company or public company

[aliq09]

Hi Aliq09,
I appreciate your valued opinion but you definitely need to consider things from all angles.

Business services are business services. You can sit in client's office for 2, 6 or 12 months and still expand your own business and create jobs. Can you expect an electrical technician to sit in his own home and resolve the technical issues of lets say his client Vodafone UK??? You are more than welcome to sit in your own office and expand your business but if the business services require you to sit in client's office unfortunately nothing can stop you! No double standards! If someone is so worried about the economy, he/she is more than welcome to invest 100 million pounds in the city of London and create some 5000 jobs for the British prople. Agencies not giving contracts to Tier 1 E holders are completely ignorant and need to educate themselves!

Hi ,

I think you completely missed the point you can't do " CONTRACTING " on E visa that's my point . Please consult HO ENT Policy team and TRY to get answer from them .

All comments welcome

[aliq09]

Hi Aliq09,
I appreciate your valued opinion but you definitely need to consider things from all angles.

Business services are business services. You can sit in client's office for 2, 6 or 12 months and still expand your own business and create jobs. Can you expect an electrical technician to sit in his own home and resolve the technical issues of lets say his client Vodafone UK??? You are more than welcome to sit in your own office and expand your business but if the business services require you to sit in client's office unfortunately nothing can stop you! No double standards! If someone is so worried about the economy, he/she is more than welcome to invest 100 million pounds in the city of London and create some 5000 jobs for the British prople. Agencies not giving contracts to Tier 1 E holders are completely ignorant and need to educate themselves!

Hi ,

Can you please narrate some higher job title while trying to support your opinion .

[Ent813]

Aliq09!
When my friend applied for his tier 1 (E) initial visa, he provided a three month contract which involved sitting in a clents office for IT network service.
Why was his application approved then????

Even HO confirmed him that business services in such a way are acceptable if the business eventually results in the expansion of your own business and create jobs. Also many lawyers I know have consented. "Fortunately or Unfortunately for you" contracting is covered by the regulations of this visa, Don't create "double standards" on this forum.

It turns out that "some people" are simply getting "jealous" as to why some people provide business services through contracts while others are having to work from their own office.

[aliq09]

Aliq09!
When my friend applied for his tier 1 (E) initial visa, he provided a three month contract which involved sitting in a clents office for IT network service.
Why was his application approved then????

Even HO confirmed him that business services in such a way are acceptable if the business eventually results in the expansion of your own business and create jobs. Also many lawyers I know have consented. "Fortunately or Unfortunately for you" contracting is covered by the regulations of this visa, Don't create "double standards" on this forum.

It turns out that "some people" are simply getting "jealous" as to why some people provide business services through contracts while others are having to work from their own office.

Hi ,

Kindly narrate your friend case here ( Doc submitted etc ) as he is successful and if you run through the board , allot of people are in refusal block and some are in process of applying so now it's your time to become practical with standard ( single ) to mention his case so that other get benefits .

[babylondoner]

mate camuk75- i see that you are new to the forum.
But you ahve not put the effort to read all the topics or search for your answer first.

Your question has been answered many many times in this forum.

it is allowed.

I am looking at the restrictions on working conditions, specifically clause 245K (iii)
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over

My question is if I set up a limited company, register it with Companies House, and then work through an agent to contract out my services would this satisfy point a(iii) above. To try and clarify further: I will set up a limited company that will invoice an agency. The agency invoices the company who I have done work for. The company pays the agent who then pays my limited company business account. From that business account I pay myself salary and dividends.

At this stage I am not concerned with the requirements to extend the visa I just want to make sure the plan detailed above is legal.

Hi ,

It's really a tricky question so the answer will be tricky :::: You have to establish a new business for which , you are in control of that business in all acitivities . As per your case , if you are using the " RESOURCE " from the client i.e sitting in client office and doing the normal IT work or other , than it's not allowed . I have seen some discussion in this board that a person was rejected by agency to award the contract as he was on ENT visa .

It's very clear in the clause that the business must be estalished , carry on but it should be your business and you have ALL THE RESOURCES to do it rather than using the RESOURCES of other business . We can talk about here the term " SERVICES" but it should satisfy the following needs

1) Your own business place with proper business lease / rent agreement
2) Proper Advertisment in the news / Yell
3) Employ/ PAYE sysytem.
4) With 1-3 points you are SEEKING Software contracts with other companies while employing people
5) ENT person is always /usually involved in BUSINESS EXPANSION activity rathar than sitting in the client office ( but it depends on number of factors and his or her expertise areas .

Just going to some office in London and doing IT contracting while using ALL THE RESOURCES of client is not in the scope of this VISA . IMO , you are just extending your PSW VISA .

Please consult some good immigration advisor as this will cause you some issues in renewal in further stages .

I am not an expert in this area but i have tried a little defination of ENT and ofcourse UKBA designed this visa to EXPAND economy .

Good advice / opinion always welcome !

TOTAL RUBBISH !

who says its compulsory to rent a business premises? do you know that one can do business from home and still employ people that either come to your from yours or work from their own home.

let me give you an example: i am a chartered accountant and i have been employed by RBS to carry out their financial audit of a particular department. this involves me going through documents, classified information, etc. I will have to SIT in their office and do the job i have been CONTRACTED to do FOR THE STIPULATED time.

at the end of the day, they pay my company for the service and I in turn pay my income tax, NI and corporation tax.

you've got things totally twisted bro. i will suggest you get a longer or better still, read up on what ''providing services'' to another company actually entails or better still speak to a lawyer rather than coming here to display your ignorance on something to know ABSOLUTELY NOTHING ABOUT/FULLY UNDERSTAND

[babylondoner]

Aliq09!

It turns out that "some people" are simply getting "jealous" as to why some people provide business services through contracts while others are having to work from their own office.

EXACTLY !

different businesses offer different services. just the same way some businesses are client facing while some others are not. some business services require you work on the client's site and some others require that you work on your own site.

i do not know why that is so hard for the dude to understand or comprehend !

the truth is that this visa cartegory is beneficial in many ways for the UK economy. many people on PSW and other routes will have to leave their PERMANENT FULL TIME JOBS and will not be able to do such jobs for the entire duration of their visas. this basically means that they there will be less competition for full time jobs between visa holders and those settled here.

So this means that there will be THOUSANDS AND THOUSANDS of full time job openings available to people that are settled here (that is british and EU citizens).

Also, the 20% corporation tax that we all have to pay is more money for HMRC's pocket.

[rahulsingh1]

Sorry mate-

you are just repeating the same sentence again and again without any facts behind.

Even after I clearly wrote that I know few people who contract on T1E visa. And I have contracted some services to one person with such visa. So here you go again, its a live example.

Before I contracted this service out to the T1E holder 1.5 years back, I had checked with HO. And the only answer was. 'As long as they are not employed by your company, it is absolutely fine'.

Sorry mate. but please stop confusing people in this forum.

Aliq09!
When my friend applied for his tier 1 (E) initial visa, he provided a three month contract which involved sitting in a clents office for IT network service.
Why was his application approved then????

Even HO confirmed him that business services in such a way are acceptable if the business eventually results in the expansion of your own business and create jobs. Also many lawyers I know have consented. "Fortunately or Unfortunately for you" contracting is covered by the regulations of this visa, Don't create "double standards" on this forum.

It turns out that "some people" are simply getting "jealous" as to why some people provide business services through contracts while others are having to work from their own office.

[aliq09]

Sorry mate-

you are just repeating the same sentence again and again without any facts behind.

Even after I clearly wrote that I know few people who contract on T1E visa. And I have contracted some services to one person with such visa. So here you go again, its a live example.

Before I contracted this service out to the T1E holder 1.5 years back, I had checked with HO. And the only answer was. 'As long as they are not employed by your company, it is absolutely fine'.

Sorry mate. but please stop confusing people in this forum.

Aliq09!
When my friend applied for his tier 1 (E) initial visa, he provided a three month contract which involved sitting in a clents office for IT network service.
Why was his application approved then????

Even HO confirmed him that business services in such a way are acceptable if the business eventually results in the expansion of your own business and create jobs. Also many lawyers I know have consented. "Fortunately or Unfortunately for you" contracting is covered by the regulations of this visa, Don't create "double standards" on this forum.

It turns out that "some people" are simply getting "jealous" as to why some people provide business services through contracts while others are having to work from their own office.

Hi ,

Thanks allot for guidance

cheers