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Right to Work while extension application is submitted

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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VWS
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Joined: Wed Sep 21, 2016 7:46 am

Right to Work while extension application is submitted

Post by VWS » Sat Oct 22, 2016 12:08 pm

Hi Guys

I was just a part of a discussion at a place about right to work while extension application is with home office for extension on T1 entrepreneur 50k route. One of the companies along with the business is carried on has asked one of our friend to get a right to work form done using this link.

'' https://www.gov.uk/employee-immigration ... ent-status ''

The thing which was under discussion is that this link is for general right to work which in any case the home office will refuse.

Any ideas how this can be explained or any key points to mention?

or is there any other contact point with home office where this can be asked that are we allowed to carry on business activities as normal to which they can reply to an email or in writing?


ANYONE???? OR Zimba88???

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zimba
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Re: Right to Work while extension application is submitted

Post by zimba » Sat Oct 22, 2016 1:02 pm

A company you provide service to has NO right to ask you or anyone else about the right to work UNLESS you are working for them in capacity of an employee or satisfying a contract of service which is NOT ALLOWED under Tier 1E rules.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

VWS
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Posts: 100
Joined: Wed Sep 21, 2016 7:46 am

Re: Right to Work while extension application is submitted

Post by VWS » Sat Oct 22, 2016 1:09 pm

but the guy who raised up this question is working as a director of the company who has the contract with another company to provide the services. he has got few other employees working on the contract as well alongside.

its a tricky situation i guess.

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zimba
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Re: Right to Work while extension application is submitted

Post by zimba » Sat Oct 22, 2016 2:44 pm

Then no company has the right to demand right to work from him or his employees. Only an EMPLOYER is required to do that.
Also being a company director does NOT prevent you from working in capacity of an employee for another company either (read why IR35 rules exist)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

VWS
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Posts: 100
Joined: Wed Sep 21, 2016 7:46 am

Re: Right to Work while extension application is submitted

Post by VWS » Sat Oct 22, 2016 2:58 pm

many thanks for your reply

just asking have you opened the link which he has been sent? that what i thought that it is a check for a status of an employee working for you but not for a director of the company with which the company has the contract with.

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zimba
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Re: Right to Work while extension application is submitted

Post by zimba » Sat Oct 22, 2016 3:15 pm

This link should ONLY be used by an EMPLOYER to check the rights of the people he/she EMPLOYEES who do not have EEA id cards to prove their right to work in the UK.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

awan905
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Re: Right to Work while extension application is submitted

Post by awan905 » Sun Oct 23, 2016 10:54 am

You are covered by 3C.

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