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Contract is not in the UK

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Contract is not in the UK

Post by misskin » Tue Nov 26, 2013 9:16 am

Hello everyone,
I recently started contracting and it is a 1 year contract through a UK recruitment agency, but the client itself is in Italy, not the UK. Also, the contract is on the UK recruitment agency letterhead.

My question is: could I show this to support my Tier 1 Entrepreneur visa or will I end up getting rejected for the visa because the client is in Italy as opposed to the UK? Also, will they reject me because I have gone through a recruitment agency?

Thanks for you help!

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Tue Nov 26, 2013 6:37 pm

Do not use such contract. Get yourself another one.

Lola22
Member
Posts: 237
Joined: Mon Dec 31, 2012 4:32 pm
Location: Coventry

Post by Lola22 » Tue Nov 26, 2013 7:41 pm

Yes, try and see if you can get another contract as babylondoner suggested just for your initial visa application in order not to face any delay in your visa application. Afterwards, you can get contract anywhere. What matters most is for the company (your company) to be registered in UK and the the services payment enters your UK business account.

Good luck.

misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Post by misskin » Tue Nov 26, 2013 9:05 pm

Thanks very much for your advice. The payment does go into my UK business bank account in pounds. The client itself is a very big global multinational company, but the contract was obtained through a recruitment agency. Is it problematic to go through a recruitment agency?

I will also have a 25-page business plan to show that I intend to hire more people and form a proper business.

Thanks again for your help, I really appreciate it!

misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Post by misskin » Tue Nov 26, 2013 9:08 pm

And also, my company is based in the UK and formed just 1.5 months ago.

Thanks again!

babylondoner
- thin ice -
Posts: 385
Joined: Wed Mar 27, 2013 3:07 pm

Post by babylondoner » Tue Nov 26, 2013 10:12 pm

misskin wrote:Thanks very much for your advice. The payment does go into my UK business bank account in pounds. The client itself is a very big global multinational company, but the contract was obtained through a recruitment agency. Is it problematic to go through a recruitment agency?

I will also have a 25-page business plan to show that I intend to hire more people and form a proper business.

Thanks again for your help, I really appreciate it!
I repeat. Do not use that contract. If you do, you have a high chance if getting a refusal.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Re: Contract is not in the UK

Post by Olasunkanmi » Tue Nov 26, 2013 11:04 pm

@ misskin, with the new changes that came into effect on 1st October 2013, you don't necessarily need to use a contract letter if you can get a letter from your bank stating that your business is already trading and you then submit your business bank statement.

Check point 123 in the policy guidance;

123. You must confirm your business activity and that you are trading.

Trading activity
You must also provide one or more of the following documents showing trading:
i) Contracts for work. We will accept original documents or copies, but if it is a copy you must sign each page of the contract. The contract must show each of the following:
• Your name and the name of the business;
• the service provided by your business;
• the name of the other party/parties involved in the contract and their contact details. These must include their full address including postal code, and where available a landline phone number and email address.
ii) an original letter from a UK-regulated financial institution with which you have a business bank account, on the institution’s headed paper, confirming that the business is trading.
The key to success is knowledge and hardwork, and to have faith.

Olasunkanmi
Diamond Member
Posts: 1324
Joined: Sat Aug 17, 2013 11:28 pm
Location: London, UK.

Post by Olasunkanmi » Tue Nov 26, 2013 11:14 pm

I am of the opinion that your clients could be based anywhere in the world, the most important thing is for your business head-office to be based in UK for tax purposes and also so that you can employ 2 British or settled people.

There is nowhere in the immigration rules and policy guidance that says you can't do business with clients outside the UK.

But as babylondoner and lola22 adviced, its better to be careful because of some silly caseworkers.
The key to success is knowledge and hardwork, and to have faith.

misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Post by misskin » Wed Nov 27, 2013 2:32 pm

Thank you Olasunkanmi for your response. I actually called the UKBA yesterday to find out about this and they also said there is absolutely nothing about the fact that you can't have a contract with a client who is outside the UK. But, they are going to look into this for me. And yes, the caseworker may think differently, regardless of the fact that there is nothing in the policy indicating restriction of this.

Thanks all for your replies :)

wazobia
Member
Posts: 102
Joined: Sun Nov 27, 2011 6:02 pm

Post by wazobia » Thu Nov 28, 2013 8:11 am

In this day and age, there are lots of contracts done with foreign companies from the UK. It's the nature of business.

Personally, I don't think it's important where your client is. Your company is based in the UK. You pay UK taxes. Your business bank is based in the UK.

Like Olasukanmi said, the rules have changed (make sure you check for the latest application form before submitting!) and you don't need to submit a contract. However if it will make you feel better, I feel you can go ahead and submit your contract, as long as it fulfills all other criteria (names of parties, email address, etc)

As for the contract being on the letterhead of the recruitment agency, no biggie. The contract is between you and the agency, not the italian client. You are to provide services to the Italian client. It's the recruitment agency that pays you, right? It's still a legal and valid contract, regardless of whether it's on your company letterhead, or via an agency.

misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Post by misskin » Fri Nov 29, 2013 6:42 am

Just an update. I called UKBA a few days ago to ask about this and they got back to me yesterday. Yes, you are allowed to show contracts with foreign companies, as long as your business itself is based in the UK.

KickAss
Member of Standing
Posts: 294
Joined: Mon Jan 02, 2012 8:36 pm
Location: Surrey

Re: Contract is not in the UK

Post by KickAss » Fri Nov 29, 2013 7:49 am

Your contract is with UK recruitment agency or the end client ??
As far as I know, recruitment agencies sign contract with end clients that they will get a resource for a certain project. After that they search for suitable candidate and arrange interviews and if certain resource is selected they sign contract with resource(You or Me). They get paid by client and then they pay you.

So in short, I believe your contract will be with the agency and since its based in UK. I cannot see anything wrong in it.




misskin wrote:Hello everyone,
I recently started contracting and it is a 1 year contract through a UK recruitment agency, but the client itself is in Italy, not the UK. Also, the contract is on the UK recruitment agency letterhead.

My question is: could I show this to support my Tier 1 Entrepreneur visa or will I end up getting rejected for the visa because the client is in Italy as opposed to the UK? Also, will they reject me because I have gone through a recruitment agency?

Thanks for you help!
Dont PM me.. Post it on the Forum ! It will help everyone :)
You can PM me the link or something specific to you.

misskin
Newbie
Posts: 34
Joined: Thu Oct 17, 2013 5:22 pm
Location: United Kingdom
Canada

Post by misskin » Fri Nov 29, 2013 8:59 am

Hi KickAss, Yes, the contract is with the recruitment agency, and the client stated on the contract as the Italian firm. But yes, the agency is paying me.

Thanks for your advice :)

KickAss
Member of Standing
Posts: 294
Joined: Mon Jan 02, 2012 8:36 pm
Location: Surrey

Post by KickAss » Fri Nov 29, 2013 10:13 am

misskin wrote:Hi KickAss, Yes, the contract is with the recruitment agency, and the client stated on the contract as the Italian firm. But yes, the agency is paying me.

Thanks for your advice :)
In that case, you are good!
Your company do not care where the client is coz you have acontract with the company which is uk based and they pay your company in business account.
Dont PM me.. Post it on the Forum ! It will help everyone :)
You can PM me the link or something specific to you.

KickAss
Member of Standing
Posts: 294
Joined: Mon Jan 02, 2012 8:36 pm
Location: Surrey

Post by KickAss » Fri Nov 29, 2013 10:16 am

misskin wrote:Hi KickAss, Yes, the contract is with the recruitment agency, and the client stated on the contract as the Italian firm. But yes, the agency is paying me.

Thanks for your advice :)
In that case, you are good!
Your company do not care where the client is coz you have acontract with the company which is uk based and they pay your company in business account.
Dont PM me.. Post it on the Forum ! It will help everyone :)
You can PM me the link or something specific to you.

KickAss
Member of Standing
Posts: 294
Joined: Mon Jan 02, 2012 8:36 pm
Location: Surrey

Post by KickAss » Fri Nov 29, 2013 10:28 am

misskin wrote:Hi KickAss, Yes, the contract is with the recruitment agency, and the client stated on the contract as the Italian firm. But yes, the agency is paying me.

Thanks for your advice :)
In that case, you are good!
Your company do not care where the client is coz you have acontract with the company which is uk based and they pay your company in business account.
Dont PM me.. Post it on the Forum ! It will help everyone :)
You can PM me the link or something specific to you.

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