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Visa As Self-employed

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

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Rockey
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Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Visa As Self-employed

Post by Rockey » Mon Feb 16, 2015 1:03 pm

Hello everybody Greeting to all,

Have you guys got any idea/knowledge that if we are applying as self-employee for Entrepreneur visa after 11th of July new rule,
Should our website and adverstisments have been done before 11th of July ? Because i have not seen any guidlines regarding that matter in 11th July published home office guidelines.

Please guys let me know as soon as possible because my hearing is in next week, i am very depressed ..

Thanks

Rockey
Best Regards

Rockey

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 7:42 am

Re: Visa As Self-employed

Post by Hope145 » Mon Feb 16, 2015 1:49 pm

Rockey wrote:Hello everybody Greeting to all,

Have you guys got any idea/knowledge that if we are applying as self-employee for Entrepreneur visa after 11th of July new rule,
Should our website and adverstisments have been done before 11th of July ? Because i have not seen any guidlines regarding that matter in 11th July published home office guidelines.

Please guys let me know as soon as possible because my hearing is in next week, i am very depressed ..

Thanks

Rockey
Under the transitional arrangement, yes. It must not be website, but you must provide one or more evidence of continuous business activity pre-11th of July, registration with relevant trade body pre 11th of July helps too. Don't be depressed, best wishes.

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Rockey
Member of Standing
Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Visa As Self-employed

Post by Rockey » Mon Feb 16, 2015 3:02 pm

Thanks hope for quick reply.

I sent my 4 contracts dated in the month of May and June and applied in August 14 as self-employed but HO refused saying your business is not continuously running before 11th of July!!!

Anyone knows that on page 29 of tier 1 policy guidance says " If you are applying before 31 January 2015 and have not yet become liable for paying NI, or have not yet received the documents listed above, you must provide:
. The original , dated welcome letter form HMRC containing your UTR reference number.
You many have been self-employed for part of the time and a director at another time. []However, the above evidence must cover a continuous period commencing before 11 July 2014 up to no earlier than three months before the date of your application."
[]
What does it mean of no earlier than 3 months before date of application ? does it mean that we business contracts should be older than last 3 months before date of submission of application?
Best Regards

Rockey

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 7:42 am

Re: Visa As Self-employed

Post by Hope145 » Mon Feb 16, 2015 5:23 pm

Rockey wrote:Thanks hope for quick reply.

I sent my 4 contracts dated in the month of May and June and applied in August 14 as self-employed but HO refused saying your business is not continuously running before 11th of July!!!

Anyone knows that on page 29 of tier 1 policy guidance says " If you are applying before 31 January 2015 and have not yet become liable for paying NI, or have not yet received the documents listed above, you must provide:
. The original , dated welcome letter form HMRC containing your UTR reference number.
You many have been self-employed for part of the time and a director at another time. []However, the above evidence must cover a continuous period commencing before 11 July 2014 up to no earlier than three months before the date of your application."
[]
What does it mean of no earlier than 3 months before date of application ? does it mean that we business contracts should be older than last 3 months before date of submission of application?
Remember you must show evidence of BUSINESS ACTIVITY and TRADING ACTIVITY. Your contracts pre 11th of July met the criteria for trading activity I assume, HO is after you meeting the criteria for business activity which has to be continuous for a period no earlier than 3months before the date of your application. The evidence to show business activity does not include contracts but includes advertising material etc, concentrate on this bit, evidence of BUSINESS ACTIVITY. I agree the "not earlier than 3months........." clause is confusing and arguable depending on what you provide to prove business activity I.e website,adverts, etc.

Jan 31st is the deadline for self employed applicants to do their tax return, however if you submitted before this time, you will not have the information HO is asking, which is why they provided options to choose from to meet this criteria such as "an original welcome letter from HMRC.

Hope this helps

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Rockey
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Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Visa As Self-employed

Post by Rockey » Mon Feb 16, 2015 5:52 pm

Thanks mate for clarification.

As my self-employment starts from May 2014 so i dont think so that my tax return was due till end of the 31st of January 2014 hence i have not returned tax return but i am planning to do after completion of one year i.e April 2014 ..
Will it work?

thanks
Best Regards

Rockey

Hope145
Junior Member
Posts: 89
Joined: Thu Aug 14, 2014 7:42 am

Re: Visa As Self-employed

Post by Hope145 » Mon Feb 16, 2015 7:34 pm

Rockey wrote:Thanks mate for clarification.

As my self-employment starts from May 2014 so i dont think so that my tax return was due till end of the 31st of January 2014 hence i have not returned tax return but i am planning to do after completion of one year i.e April 2014 ..
Will it work?

thanks
I suggest you read the relevant sections of the immigration rule to prepare for your hearing and not the policy guidance. You will make reference to the immigration rules if it favours you, HO is bound by the immigration rules not guidance.
https://www.gov.uk/government/uploads/s ... _final.pdf
pages 19-29 for tier 1 entrepreneur rule. If you read page 27-28, you will see the answer to the above regarding self employment requirements. Your argument is reasonable and already recognised in the rule, in your case you needed to provide welcome letter from HMRC to claim point for being self employed. If you didnot include the welcome letter initially that is an issue. Goodluck with it all.

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Rockey
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Posts: 342
Joined: Sat Aug 09, 2014 6:01 pm

Re: Visa As Self-employed

Post by Rockey » Tue Feb 17, 2015 12:19 am

Thanks hope for your kind help..

You should have been consultant, you got sound knowledge.
Once again thankyou so much for your time
Best Regards

Rockey

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