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Your claim that your company has contract for service does not seem to be true given that your client cares about your immigration status which means you are personally providing your services.fzp83 wrote:Hi All
My current Entrepreneur visa (50K route) is due to expire in March 2016 and I am planning to submit my extension application by end of February 2016.
I work as a Management Consultant through my limited company and currently I am working on a contract with a company called XYZ (name not disclosed, but a quite big company in financial sector). This contract (which is a Contract For Services), is between my limited company and XYZ, where I am providing the agreed services to XYZ on behalf of my limited company.
As part of XYZ's process, I will have to provide them the acknowledgement letter (that HO will issue for my extension application) who then will check with HO whether I am eligible to work or not whilst my visa application is being looked at. This request will be placed through Employer Checking Service enquiry form that is created by HO.
I wanted some expert opinions if any one sees any potential risk at the stage when XYZ will seek clarification from HO about my right to work.
Or, if any one has/had similar situation(s) please share your experience.
Thanks
I think there is a limitation here for new users to send PMslegendfar wrote:Hi Zimba
i am trying to send you PM but message not going through dont know why
I got your PM matelegendfar wrote:hmmmmm i cant post it here unfortunately
I cannot comment on every business but you can check the HMRC IR35 rules. If you work in your own premises, hire staff, risk your own money, and your services do not require you to personally provide the services (e.g other employees can do it as well) then you are fine.nadeem75 wrote:Hi Zimba,
I am on 200000 route, and running removals transport business.
I rented out 2 vans to other removal company and fix money coming in bank every month. That is fine ? Or breach of any law. Please advise
Regards
Nadeem
Since its introduction, IR35 has caught many contractors who thought it does not apply to them, forcing many to pay hefty fines to the HMRC. So you really need to seek professional help to ensure your contracts do not fall under IR35 rules. When you are working for a company as a business, they contract your business not YOU, therefore your immigration statues must NOT be any concern to them. I advise you to refuse any request from them to check your immigration status. If your contract mentions your name as a contractor and makes you personally responsible for the work you do, you will fall under IR35 rules and that contract is merely a personal service contract (IR35 applies on a contract-to-contract basis)fzp83 wrote:Hi Zimba
Many thanks for your reply.
I wanted to clarify that the contract between my company and the agency XYZ is for sure a Contract for Services. This particular agency has permanent staff as well as self employed people (working through their own limited companies) working for it on different contracts and it is interested in my visa status like it would be for all of its permanent staff. In addition, my company has couple of more contracts going on with other companies.
In light of above, can you please let me know your thoughts as I am concerned if this Employer Checking Service can have an impact on my visa application or my relation with the agency?
Also, IR35 rule is in my knowledge and I have ensured that it does not apply t0 me. (thanks for the heads up).
Appreciate your help in this regard,