Contract for services Through Agency

[pauljohnson]

Hello Guys,

I know that this topic has been discussed earlier.
I read those threads too but I could not get proper answer like yes or no

> Tier 1 Ent (50K) Visa holder work through Agency even contract cover the following these points

Contract is between my ltd company and Agency
Contract for services
No sick or holidays benefits

Is it allowed or not ?

I did not start the contract yet as I do not want to violate the terms and conditions

As I read policy guidance which says
you can not work through Agency or Recruitment Agency, if you do we will consider this employment.

Humble request to MR Zimba or any other senior members
Could you please guide me in this situation

I know some people are working through Agency on this visa

Thanks

[zimba]

I think the recent guide has made this much clearer. It really depends on the terms of your contract and whether you fit the definition of an employee from HMRC point of view. As far as I can see, most people with contracts are working in capacity of an employee which is not allowed under Tier 1E.

uk-tier-1-entrepreneur-visas/contract-w ... ?#p1445105

[pauljohnson]

@ Zimba

Thanks very much

[marcnath]

Yes, the updated guideline has expanded it very well.

Generally, "if it looks like an employment, then it is an employment" seems to be the approach. So, anything where your revenue is based on things that are identical to what an employees pay/bonus would be - i.e. based on time spent, sales revenue, etc. is likely to fall foul of this rule. If it clearly a fixed fees for a certain deliverable, then it is likely to be treated as a normal business service.