Entrepreneur extension issue

my entrepreneur visa is due on may 2016
i have invested 33k and yet to invest more n hired two employees... but just noticed that my partner worked with few agencies as IT contractor for three months after june2014.. which is paid weekly ..my doubt is .. are we going to face any problem because we got money from agency and he was a contractor ..

Because now we got other 45k to invest to expand our business ..

I have exactly the same issues. It may be qualified as "disguised employment". Any comments on this matter?

Have u got any solution for this ?

Hello Dear,

Is your partner going to apply for extension with you? if yes than it might bring you some problems, as rule was violated. but you might be lucky to get away with this. if only you are applying for extension (not your Partner) than this will not impact your application. hope this helps

Hi now my partner is not working as contractor
but still worried though

thus any one got visa before may 2013 ? please contact me

I guess i would be in the same boat. Having said this, I am not actually a disguised employee as I work only as and when I need to and the duration and length of contract are provided by me, so are the equipments and softwares.. Occasionally I do work on site . So technically, it can be debatable to work as an independent contractor. So far I have not had any problem Tier1-Entrep and hopefully will extend my stay having employed two full time to make couple of short films/Advertisement/Feature films etc.

i have spoke to few guys who are giving service to client through agencies
but they are paid by agencies

so end of the day when they are showing the bank statement for extension
how will these guys prove it that it wasnt a contract job rather than to service to client or what ever

I think you may be face problem with partner. May be like disguised employment. Can you ask partner not extend with you?

Hello everyone,
Please I need clarifications regarding the New rule on the NHS sub-charge for Tier1 entrepreneur visa holders applicable from April 6, 2015. Does this rule apply to all Tier1 Entrepreneurs who were already in the UK before the rule or those who arrived after April 6th.
The reason am asking is, a friend of my who just submitted his application for T1E renewal told me he paid £600 for himself and £600 each for his 3 dependants. Please can anyone with the understanding of the rule shed more light to it. Thanks

ITK

Let me try and explain based on experience.

1. What is your T1 ent business??. In the first place....... If your business is trainer / consultant / consultancy, there MAYBE arguements of contracted work / disguisable work.

2. Nhs surcharge is applicable to ALL main and dependant applicants, except ILR applicants after April 15.

Bad news But blunt news an i know.

Thank you entrepreneure 10, please I really do not understand what you mean by "there maybe argument of disguisable work. Do you want to shed more light as it relate to my query. Thanks

Itk

As you mentioned one of your friends applied for Tier 1 Extension.

Please would you like to share what documents he is going to submit.?

and please let us know about his application decision.

Thanks

We are in IT we develop and give service to clients
but now most of the work we are getting from agencies and we denying the offers because we are paid by agencies

some one who is software/dev/support/ any suggestions please

Well u can get work from agency that doesn't matter . Because ur work is same and now everyone knows u get work from agency and u do consultancy on behalf of agencies. So it doesn't matter... just try to be careful when h make invoice. u will invoice to agency but in invoice write down the company name like ac agency and consultation to xyz company..
and when they send u a contract u can see in contract agency alwaya write down A name and work as well. So there will be no issue. In my case I have no issue because my contracts from agencies but I always wrote in invoice the on site company name... and I send invoice to agency.. simple

if you get most of your business from Agency than make sure in the contract you do not mention set number of hours per week you have to work at client site, and work hours are flexible (means if its necessary you can work three hours one day and 8 or 10 hours next day) and also clearly mention in the contract that you are not employee and do not work for Agency (employee) you only work for xyz (your company). and also make sure you are not working for any umbrella company.

maqeelk84 wrote:Well u can get work from agency that doesn't matter . Because ur work is same and now everyone knows u get work from agency and u do consultancy on behalf of agencies. So it doesn't matter... just try to be careful when h make invoice. u will invoice to agency but in invoice write down the company name like ac agency and consultation to xyz company..
and when they send u a contract u can see in contract agency alwaya write down A name and work as well. So there will be no issue. In my case I have no issue because my contracts from agencies but I always wrote in invoice the on site company name... and I send invoice to agency.. simple

Hi,

I have just read your post and I also get a job through an agency.I provide consultancy services to the agency client with my limited company.I get paid weekly. You suggested that i write my invoice carefully in that i write the agency name and the name of my company. Did I understand you correctly? Or do you mean that I write in the invoice the name of the client of the agency (the company to whom I provide the services) and the name of my company? In short, what shall I write in the invoice?Could you advise what should be included in the invoice?

Any advice will be appreciated,

Lutfi

For example ur agency name is dolphin. And the services u r providing their name is cat
so u invoice dolphin with their full detail and in the description write down consultancy to the cat for the software developing consultancy and write the amount in front of it with Hours u work
because home office doesn't restrict u with hours u can work whatever is requirement . Yes but when u hire employee they should be full time or one full time with two part time..

maqeelk84 wrote:For example ur agency name is dolphin. And the services u r providing their name is cat
so u invoice dolphin with their full detail and in the description write down consultancy to the cat for the software developing consultancy and write the amount in front of it with Hours u work
because home office doesn't restrict u with hours u can work whatever is requirement . Yes but when u hire employee they should be full time or one full time with two part time..

Thanks for your quick reply. it is highly appreciated.

so as I understood, my invoice will include 2 parts:

employment agency name (e.g., dolphin) with full detail

consultancy services to the client of the agency (cat)

But you haven't mentioned that i need to put the name of my limited company in the invoice.

and do you think that it is just a matter of how the invoice is written? the home office will check the bank statements and they will find there that it is the agency who transferred the money which might not be acceptable to the home office.

Do you consider this issue of the bank statement as well?any advice please...


thanks,
Lutfi

There is no concern . Home office doesn't bother if ur money is coming with a reliable source. Yes u have to write DowN ur company name or Ltd company as well
like
name dolphin
address
invoice number

Date. Description. Amount
xxx. Consultation to the cat
Company for the month 1000
Of May 2015
10 Days x with ur rate 100

Your company details like
bank account number
sort code
ur company name
ur signature
print this invoice on ur letter head
now u got it

maqeelk84 wrote:There is no concern . Home office doesn't bother if ur money is coming with a reliable source. Yes u have to write DowN ur company name or Ltd company as well
like
name dolphin
address
invoice number

Date. Description. Amount
xxx. Consultation to the cat
Company for the month 1000
Of May 2015
10 Days x with ur rate 100

Your company details like
bank account number
sort code
ur company name
ur signature
print this invoice on ur letter head
now u got it

Hi maqeelk84,

Thanks for your reply,
I have just come across that again and i had notice there is something not clear here
I found 2 guidance i don't know why? but check the links one from UK Visa & immigration and the other one from Home office

https://www.gov.uk/government/uploads/s ... 4_2015.pdf
https://www.gov.uk/government/uploads/s ... r_11_0.pdf

There are different info about the Genuine entrepreneur activity
one saying Genuine entrepreneur activity (no contract of service with another business)
the other one saying Genuine Entrepreneur Activity (contract of service with another business)
Any body could understand and explain that ?


Thanks ,,

So you mean he can give service through agency by his ltd company and invoice which you mentioned make sense but

in above case where he is giving service and paid daily ..in contract as far as my knowledge it is clearly mentions about number of days /months/hours per week is mentioned sometimes its not necessary bt it is most of the time

because when you submit your time evry week /month sheet either u mention number of days you worked or some time even additional hours. say you left clients place in three hours /agency wont pay you for whole day ..
can you please explain that your not replacing the work by doing contract job !

cool