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Director salary while T1E application under progress

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Sandeep0041
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Joined: Sat Dec 21, 2013 7:37 pm

Director salary while T1E application under progress

Post by Sandeep0041 » Sun Jun 26, 2016 1:57 pm

Hi,

I was under Tier 2 General Visa and filed for my Tier 1 Entrepreneur visa on 18th May, 2016. My Tier 2 would have expired on 30 June 2016.

I filed under £ 50K route as we raised funds from London Co-Investment Fund (UK govt body). We raised £250,000 from angels and early stage VC firm.

Received enrollment letter for biometrics on 31 May and duly enrolled on the 2nd June 2016.

My question is:

1) Can I pay myself a salary (as a director) while my application is under progress?

I'd really appreciate if someone can comment on this as I'm running out of my savings and would really need to pay myself a salary.

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zimba
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Re: Director salary while T1E application under progress

Post by zimba » Sun Jun 26, 2016 7:21 pm

Under Tier 2 general rules, you are not allowed to be director of a company, let alone get paid as a director !!! You can become a director when your Tier 1E visa is approved. Your stay is extended for now under section 3C with the exact same rights of your Tier 2 general visa until you hear about your application decision.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

n8net
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Re: Director salary while T1E application under progress

Post by n8net » Mon Jun 27, 2016 3:54 pm

I was in a similar situation.

I resigned as a director, just to make sure (you do not want to be violating immigration law) and made my brother as director for that company when I converted from Tier 2 to Tier 1 E for the exact reason. once the visa is issues, you can them be a director again.

also make sure, your maintenance is not below 945, at all times, if you can borrow money from someone else.

Sandeep0041
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Posts: 20
Joined: Sat Dec 21, 2013 7:37 pm

Re: Director salary while T1E application under progress

Post by Sandeep0041 » Thu Jun 30, 2016 1:27 pm

@Zimba88,

Many thanks for your reply. However, I'm a little confused about the following.

1) Jonser managed to get T1 E visa approved from Tier 2 General and here's the link to his thread. I can see that he's a director at his business before T1E got approved.
http://www.immigrationboards.com/uk-tie ... 99239.html

2) Secondly, I joined an operating business as a director and the funds are made available to me for the purpose of expanding that particular business where I'm a legal director. I'm not sure how I'd have acheived that without becoming a director.

Would you recommend me to get in touch with an immigration lawyer given that I already filed for my visa?
Many thanks and I look forward to hearing from you.

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