"Engaged in business activity (other than administratio

[Mila]

Paragraph 50 of Tier 1 Policy Guidance (PSW route) states:
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study
Work) Migrant,
(iii) were, on a date no earlier than three months prior to the
date of application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above, and
(v) have access to not less than £50,000

My question is - Do I have to actually provide services (for example, architecture) personally as well as running the business (administration, marketing, etc)? Because my plan was to hire architects to provide the service and I will be promoting the business, finding clients, negotiating office space etc...
(My degree is MBA, no architecture degree, thus the problem)

[Lucapooka]

It's okay for you to administrate the business and not actually do the work but the nature of the business has to be at level 4. You can't administrate a fish and chip shop, because a fish and chip shop is not level 4, but you can administrate an arch firm (if you are referring to 2431) because that type of business is above level 4.

Can you confirm what type of service you are providing?

[Nzekells]

Paragraph 50 of Tier 1 Policy Guidance (PSW route) states:
(i) are applying for leave to remain,
(ii) have, or were last granted, leave as a Tier 1 (Post-Study
Work) Migrant,
(iii) were, on a date no earlier than three months prior to the
date of application,
(1) registered with HM revenue and Customs as self-employed, or
(2) registered a new business in which you are a director, or
(3) registered as a director of an existing business,
(iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above, and
(v) have access to not less than £50,000

My question is - Do I have to actually provide services (for example, architecture) personally as well as running the business (administration, marketing, etc)? Because my plan was to hire architects to provide the service and I will be promoting the business, finding clients, negotiating office space etc...
(My degree is MBA, no architecture degree, thus the problem)

If you tell them this, they'd refuse immediately. Your personal skill must show in the actual business practice. That is obviously why they want to see that you have a background link to the proposed business. You don't need to be an architect. But think...maybe you could find a title in the SOC list that still does exactly what you'd be doing. That's all u need, mate.

[RizKCB]

@Mila
Lets assume if the level of your business is level 4 or above.

1) When you will contract with a client, the services will be mentioned in the contract related to 'Architecture Stuff'. (Core Service your business delivering)

2) Your own Title and SOC would be related to 'promoting the business, finding clients, negotiating office space etc...' (Your occupational activities)

Policy Guidance:
"(iv) are working in an occupation which appears on the list of occupations skilled to National Qualifications Framework (NQF) level 4 or above, as stated in the Codes of Practice in Appendix J of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the Home Office, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business."

Also note:
"If the business is software sales and your main activity is developing software, you may qualify for points;"

Now I interpret it in your case as follow:

1) "If the business is architecture's sales and your main activity is promoting the business, finding clients, negotiating office space etc" How do you rate it?

2) "If the business is architecture's sales and your main activity is developing architectures" How do you rate it?

As per my understanding point 2 is valid but you are not developing architectures yourself instead marketing your business. Therefore your work is administrative work and is not allowed.

[Lucapooka]

Nzekelss/RizKCB, youare misinterpreting the guidance and I would suggest your direct yourselves, instead, to para 40 of the immigration rules. Rules trump guidance every time. It means the activity of the business (the service being provided) rather than the individual migrant who is applying for T1 visa.


(iv) is working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD. "Working" in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business, and

It's fine for him to only administrate at level 4 or above as long as the service provided by his business (in the form of employees or partners) is also at level 4 or above.

However, what is not yet confirmed is that the service he is providing falls within the remit of architecture. What is being designed here? It is a firm of architects rather than a building concern? If he is merely managing a building business , that is not a level 4 activity.

[top]

xx

[Darvesh]

agree with Lucapooka.

[top]

"Working" in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level.


if you look at those words properly you would know your services that you provide to your company is different than services being provided to clients, what you provide to your company is called administrating but same company when puts you forwards for the services to clients needed to be at level 4 or above.

thanks..

[Mila]

Thank you for your opinions

Clarification - the business I am planning to do is above NQF 4 level so its fine.
Not sure if everyone is familiar with Town Planning? I am clarifying question of accrediation and specific requirements with Planning Authority now, but so far from what is written on their website individual does not have to have an accredited degree to work as a planner. GSCE seems enough.

So I could potentially provide town planning consultations in the future when I self study on laws (got BA Law too)

Overall, it is possible. Its just the vagueness of definitions that might be the issue with HO guys that worries me.

[Mila]

Can anyone share the enquiries email of UKBA?

[top]

Dear Mila,

who is going to be your customers/clients? do you think you can have people you could provide services to, as a part of being active in business having clients?

your approach to have been at level 4 or above working position sounds okay as you would figure out if you need a registration a sort of approval or anything that enables you to provide such a service as this lawfully. some of people I have seen on this forum found after the application that they needed registration with trading body or regulators sometimes it is too late to realize.

thanks...

[RizKCB]

@top: I agree with your point

@Lucapooka:
We cannot ignore individual migrant who is applying for T1 visa because when applicant mentions SOC and Job Title then every context becomes specific.

Case worker picks up SOC and Job Title and relate it with the Core Services mentioned in the Contract. At this point you advises:

Level of Core Services (4 to 6) and SOC Title (4 to 6) not necessarily need to be in-line with each other. In your views; if level of Core Services is 4 then there is no issue to nominate SOC from Level 4 or 6 and it could be in administration capacity. (Correct me if I am wrong)

My understanding is that they should be in-line to each other. Conceptually there is no existence of Level of Business. Every thing relates to Level of SOC Title. If we are able to define our SOC then it means our business is in the same Level. In-line means, Our SOC Title should be Actively Participating in Core Services to the Client BUT not only the driving force to the company. Ultimately being a director, we have to run or administrate the company. SOC is there for some reason.

An example
http://tinypic.com/view.php?pic=2unu4p2 ... lVetVDrwoc

The refusal is based on the issue that SOC was level 6 'Data Processing Manager' and Business was to generate leads and sell to companies after assessment, level 4 'Assessor'. Assessors were mentioned to be hired/employed in the business plan.
Activities included to process collected data under certain industry standards and clients' requirement and developing information repository. In contract, services were mentioned to provide Leads' data to the client. But refused.

"If the business is software sales and your main activity is developing software, you may qualify for points;" In this example what do you suggest to choose as SOC Title; Sales Executive OR Software Developer?

[Mila]

My understanding is that they should be in-line to each other. Conceptually there is no existence of Level of Business. Every thing relates to Level of SOC Title. If we are able to define our SOC then it means our business is in the same Level. In-line means, Our SOC Title should be Actively Participating in Core Services to the Client BUT not only the driving force to the company. Ultimately being a director, we have to run or administrate the company. SOC is there for some reason.

An example
http://tinypic.com/view.php?pic=2unu4p2 ... lVetVDrwoc

The refusal is based on the issue that SOC was level 6 'Data Processing Manager' and Business was to generate leads and sell to companies after assessment, level 4 'Assessor'. Assessors were mentioned to be hired/employed in the business plan.
Activities included to process collected data under certain industry standards and clients' requirement and developing information repository. In contract, services were mentioned to provide Leads' data to the client. But refused.

"If the business is software sales and your main activity is developing software, you may qualify for points;" In this example what do you suggest to choose as SOC Title; Sales Executive OR Software Developer?

Ok, I understand your point. Are you saying that any job title from SOC (even if it was a Marketing Manager) benefiting inward (to my company only) and not outward (to clients) is not good enough for UKBA?

By the way, I haven't found the Data Processing Manager in Level 6..

[RizKCB]

Yes Mila, what I understood; you got it.

Data Processing Manager is not level 6 now. But was in level 6 back in October 12.