Notice Period after Switching from Tier 1 to Tier 2

mrlondoninuk · Post by **mrlondoninuk** » Tue Feb 20, 2018 12:44 pm

Hi All

If I successfully switch from Tier 1 Ent to Tier 2 General, can I still work for my client for the notice period? I don't wish to give my notice until I have had my Tier 2 visa approved. But I am not sure if I would be allowed to work under my own LTD company just to serve my notice once I have my Tier 2 visa approved.

Please advise.

marcnath · Post by **marcnath** » Tue Feb 20, 2018 12:48 pm

mrlondoninuk wrote: ↑
Tue Feb 20, 2018 12:44 pm
Hi All

If I successfully switch from Tier 1 Ent to Tier 2 General, can I still work for my client for the notice period? I don't wish to give my notice until I have had my Tier 2 visa approved. But I am not sure if I would be allowed to work under my own LTD company just to serve my notice once I have my Tier 2 visa approved.

Please advise.

Once you get your Tier 2 General Visa, you can only continue working for your company under some conditions. It would be considered a second job and the conditions for that are:

9. Taking a second job
You can take a second job on this visa if you’re working up to 20 hours a week in either:

the same profession as your main job and at the same level
a profession on the shortage occupation list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.

mrlondoninuk · Post by **mrlondoninuk** » Tue Feb 20, 2018 12:56 pm

Thanks Marcnath

Does the second job has to be a permanent job or can it be a contract which I can undertake through my LTD company? If I am not wrong in understanding this then I cannot work under my own LTD company the minute I have my Tier 2 visa otherwise it would mean I am still self-employed which is breach of Tier 2 visa conditions.

marcnath · Post by **marcnath** » Tue Feb 20, 2018 1:01 pm

mrlondoninuk wrote: ↑
Tue Feb 20, 2018 12:56 pm
Thanks Marcnath

Does the second job has to be a permanent job or can it be a contract which I can undertake through my LTD company? If I am not wrong in understanding this then I cannot work under my own LTD company the minute I have my Tier 2 visa otherwise it would mean I am still self-employed which is breach of Tier 2 visa conditions.

The 2nd job does not have to be permanent.
But correct, you cannot be working for your own Ltd company the minute you have your T2 Visa.

CR001 · Post by **CR001** » Tue Feb 20, 2018 1:02 pm

can it be a contract which I can undertake through my LTD company?

Not permitted through your own Ltd Company. Contracting and being self employed on Tier 2 is prohibited.

The moment you get your Tier 2 visa, you have to cease other 'employment/contracting'.

mrlondoninuk · Post by **mrlondoninuk** » Tue Feb 20, 2018 1:09 pm

Thanks Marcnath and CR001

I thought so. I wonder does that mean I can't withdraw any money (in form of dividend or salary or expenses) once i have the T2 visa? Some of my invoices wont clear the same day and so I dont know how would I withdraw the money if I have to resign and close the company straight away. I am pretty certain it takes a couple of days to weeks officially wind up everything. I can certainly ensure I cease contracting but I doubt I can resign and shut the company down in one day. Am i missing something?

CR001 · Post by **CR001** » Tue Feb 20, 2018 1:24 pm

It would have been prudent on your part to ask these questions, do research and get clarity before applying for a Tier 2 General visa.

This 'contract' you are asking about, is this the one you are doing through a third party 'employment business'???

uk-tier-1-entrepreneur-visas/business-c ... l#p1564379

mrlondoninuk · Post by **mrlondoninuk** » Tue Feb 20, 2018 1:32 pm

Hi CR001

That was me but the contract finished end of the same year and I now have a new client. As advised by Zimba I did consult a solicitor for that contract too and he confirmed to me that it was fine and would be deemed as contract for service.

marcnath · Post by **marcnath** » Tue Feb 20, 2018 2:12 pm

mrlondoninuk wrote: ↑
Tue Feb 20, 2018 1:09 pm
Thanks Marcnath and CR001

I thought so. I wonder does that mean I can't withdraw any money (in form of dividend or salary or expenses) once i have the T2 visa? Some of my invoices wont clear the same day and so I dont know how would I withdraw the money if I have to resign and close the company straight away. I am pretty certain it takes a couple of days to weeks officially wind up everything. I can certainly ensure I cease contracting but I doubt I can resign and shut the company down in one day. Am i missing something?

You should not have a problem withdrawing the money even after you get the T2 Visa as long as it is for the period before you got the Visa.

mrlondoninuk · Post by **mrlondoninuk** » Tue Feb 20, 2018 2:23 pm

Thanks Marcnath.

That makes sense. So even if my invoices clear at a later date since they are for the period before my T2 visa I can withdraw it later and close my company once all the invoices are cleared.

Thanks for the advise.

kaps84 · Post by **kaps84** » Tue Feb 20, 2018 3:03 pm

I think, you can just make your company 'inactive/Dormant'. - I guess there are codes for it. Your accountant can suggest.

As long as you are not having an employment contract with your company, you can have a dormant company registered on your name (since it existed already). You have to cease all operations.

Or, change the directorship of your company to someone else (maybe your spouse). You can still be the shareholder and take dividend.

@Seniors to confirm and shed some expert opinion from this perspective.

zimba · Post by **zimba** » Wed Feb 21, 2018 1:15 am

You must remove yourself from the company payroll NOW. NO more payroll submissions. Getting paid for previous contracts is fine

mrlondoninuk · Post by **mrlondoninuk** » Wed Feb 21, 2018 1:33 pm

Hi Zimba

Now? I haven't applied yet. I should only stop the submissions once I switch to the category right? Apologies if I wrote I have already switched. I wanted to know what to do after a successful switch.

mrlondoninuk · Post by **mrlondoninuk** » Wed Feb 21, 2018 1:38 pm

I wonder if anyone read this from HO.

https://www.whatdotheyknow.com/request/ ... any_on_a_t

Seems like HO says you can be self-employed while on Tier 2. Is that true?

marcnath · Post by **marcnath** » Wed Feb 21, 2018 2:09 pm

mrlondoninuk wrote: ↑
Wed Feb 21, 2018 1:38 pm
I wonder if anyone read this from HO.

https://www.whatdotheyknow.com/request/ ... any_on_a_t

Seems like HO says you can be self-employed while on Tier 2. Is that true?

As I originally posted, you can have a second job under certain conditions
1) less than 20 hrs/week
2) the same profession as your main job and at the same level

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Notice Period after Switching from Tier 1 to Tier 2

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