Am I allowed to own a business under Tier 2 (General) ?

[williamlcc]

Hi all,

I am new to the forum so please forgive me if I break any of the forum rules.

I am happy to say that I am in the process of becoming a Tier 2 migrant, my employer is sorting out the paperwork and fingers crossed there wont be any problems.

My questions are, if I am under a Tier 2 General visa:

1) Am I allowed to own a business as either a sole trader or a director of a limited company??

2) My wife as my dependent is allowed to seek full time employment, is she allowed to own a business as either a sole trader or a director of a limited company?

Any advise is greatly appreciated.

Kind regards,
William

[manci]

read this topic:
http://www.immigrationboards.com/viewto ... t=business

[williamlcc]

Hi Manci,

Thank you for your quick response.
I have read the thread you posted and the related thread after it.

One says

There is nothing to prevent you owning a business in the UK. You can do that under any immigration status. Being employed by that business is another matter.

And the next says

You are not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us

Which one is correct?

Many thanks,
William

[manci]

The first quote is correct, it is about ownership, not work or employment. The second quote is for work permit holders which is now a closed category. pre-PBS, and thus does not apply to you.

As a T2 skilled worker you are allowed to undertake supplementary work under certain conditions, see the T2 sponsor guidance paras 594-597
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

para 597 implies (but does not spell it out as for work permit holders) that self-employment is not included.

As far as your wife is concerned refer to the first quote (above) as far as owning a buisiness is concerned and to para 36 in the PBS Dependant policy guidance regarding her conditions of stay (which only excludes work as a doctor or dentist in training):
http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

[Jeeves]

The Introduction to the Immigration Rules defines 'supplementary employment' as:

Under Part 6A of these Rules, "supplementary employment" means other employment in a job which appears on the Shortage Occupation List in Appendix K, or in the same profession and at the same professional level as that which the migrant is being sponsored to do provided that:

(a) the migrant remains working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,

(b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the migrant is contracted to work for the Sponsor in the employment the migrant is being sponsored to do.

http://www.ukba.homeoffice.gov.uk/polic ... roduction/

In additions, 'employment' is defined as:
"employment" unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.


While the rules certainly allow share ownership (of a firm other than the sponsor) you might find it difficult to argue that owning a company 100% is not 'engaging in business or any professional activity'.

[williamlcc]

Thanks everyone for all the replies. If I understand what is being said correctly the safest way for us to proceed is for my wife to be the director of the limited company, as there are absolutely no written rules about it to suggest otherwise and keep myself out of it until some point in the future.
Or am I just being naive to assume that?