Dodgy Work Permit?

[Wanderer]

This occured to me today and I'd like opinion on it's legality and ethicability (my word!)

I can give the whys and wherefores later but for now bear withe me.

My gf is here on UK student visa. Well, in Germany on placement for now but let that go. I have a limited company that I traded under, and as my gf is a really quality translator and interpretor I was think of using my old ltd to be a translation company. Employing my gf of course, 20 hrs a week as per student visa. All proper and above board, taxes paid etc.

And when her student visa runs out, (Oct 2008) assuming we're trading properly, can we apply for a work permit?

I have issues with this - it feels dodgy and unethical so I doubt we'll do it, just wondered about it's legality etc?

[mayana]

Moderators please help, this will be a very interesting topic.

mayana

[PaperPusher]

Hi there

The business and commercial work permit criteria states "there must be a genuine vacancy for an employee in this country; The post must not have been created for the purpose of recruiting a particular person."

And you will have to sign a declaration that states "The details given in this application are true and complete to the best of my knowledge and belief. I am aware that knowingly making false statements or representations may lead to prosecution (possibly resulting in imprisonment) under the Immigration Act of 1971, as ammended by the Immigration and Asylum Act 1999 and the National Immigraction Act 2002. The employer named in this application knows of no suitable 'resident worker' who will be displaced or excluded as a result of employing the person who is the subject of this application."

This is the way it stands at the moment for Business and Commercial work permits. You would also have to advertise, and what would you do if people who could do the job actually applied for the post? Would you consider employing them?

It seems to me that creating a post for your gf is not really in the spirit of the scheme, at the very least.

[Wanderer]

Hi there

The business and commercial work permit criteria states "there must be a genuine vacancy for an employee in this country; The post must not have been created for the purpose of recruiting a particular person."

And you will have to sign a declaration that states "The details given in this application are true and complete to the best of my knowledge and belief. I am aware that knowingly making false statements or representations may lead to prosecution (possibly resulting in imprisonment) under the Immigration Act of 1971, as ammended by the Immigration and Asylum Act 1999 and the National Immigraction Act 2002. The employer named in this application knows of no suitable 'resident worker' who will be displaced or excluded as a result of employing the person who is the subject of this application."

This is the way it stands at the moment for Business and Commercial work permits. You would also have to advertise, and what would you do if people who could do the job actually applied for the post? Would you consider employing them?

It seems to me that creating a post for your gf is not really in the spirit of the scheme, at the very least.

:)

I know - I agree! But what if she was already working in the 'business' on her 20 hrs a week student time? Would the job still have to be advertised?

Seems a shame really, she was asked to do several interpreting job for Eastern Europeans from Baltic States who r Russian speakers but we know being self-employed isn't allowed on a student visa. And these jobs came from the Police so we need to be squeaky-clean!

So we thought of wrapping it up around a Ltd and the thought train rolled on a bit too far down the tracks.....

Not really an issue, I've seen enough of other countries now to up sticks as soon a I can!

[PaperPusher]

I know - I agree! But what if she was already working in the 'business' on her 20 hrs a week student time? Would the job still have to be advertised?

Hello

Also in the Business and Commercial guidance it states "If you are applying for a work permit to enable a person who has worked for you while here under another category of the Immigration Rules (for example as a Working Holiday Maker or student) to continue in that employment, you will still be required to show that you have sought to fill the post with a ‘resident worker’."

So still need to advertise, and there still needs to be no suitable 'resident worker' available who could do the job. But if the job is board level for example and meets that criteria then no evidence of advertising is needed.