Directorship in an existing Company

Hi Guys,

I have an important query, I am offered directorship in the company where I am currently employed.

I have already submitted my Tier 1 ent visa application on 9 August 2013. I submitted my application by registering my own accountancy company where I will invest £50,000. This business is running well and I have invested nearly £20,000 so far.

In addition, the company I worked for, they offered me directorship as well.

If I am employed by the later company as an employee, would this cause any problem from my visa point of view. Bearing in mind that I am the director of company where I am employed.

I am a fully qualified Chartered Accountant and Chartered Certified Accountant.

My job title remains the same which I submitted to HO i.e. Chartered Certified Accountant (soc 2421).

Your responses will be appreciated

Regards

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hammad1224 wrote:Hi Guys,

I have an important query, I am offered directorship in the company where I am currently employed.

I have already submitted my Tier 1 ent visa application on 9 August 2013. I submitted my application by registering my own accountancy company where I will invest £50,000. This business is running well and I have invested nearly £20,000 so far.

In addition, the company I worked for, they offered me directorship as well.

If I am employed by the later company as an employee, would this cause any problem from my visa point of view. Bearing in mind that I am the director of company where I am employed.

I am a fully qualified Chartered Accountant and Chartered Certified Accountant.

My job title remains the same which I submitted to HO i.e. Chartered Certified Accountant (soc 2421).

Your responses will be appreciated

Regards

U can be director of as many businesses as u like ..... Also it shouldn't effect ur visa application as I believe u r on Psw and u r legally allowed to work till u get decision on ur Tier 1 application.

Regarding on paye of the company after getting visa I m not too sure as some people say its ok to be on paye and some think its not right.

Regards

Thanks Rehan for the reply.

Yes I m on PSW. I am aware that one can work if his Tier 1 ent application in progress when his previous leave was under PSW.

My question was regarding the working under the contract of employment in a company where I'm also a director.

The reason I mentioned my Job title is because I am fully confident on how UK business and tax rules works.

In the policy guidance under d category PSW holder can join director of existing business as well.

I believe there is no problem but I need an expert opinion on the immigration rules in which I am not an expert.

rehan01 wrote:U can be director of as many businesses as u like ..... Also it shouldn't effect ur visa application as I believe u r on Psw and u r legally allowed to work till u get decision on ur Tier 1 application.

Regarding on paye of the company after getting visa I m not too sure as some people say its ok to be on paye and some think its not right.

Regards

Hi Hammad, firstly, you can definitely work for any other business until you get your Tier 1(E) visa because PSW rules apply and you're covered by section 3C of immigration rules until you get your Tier1 (E) visa.

Regarding your query about continuing to work for other business as a "director" after getting your Entrepreneur visa, I think thats not allowed because even though you're director but thats in "someone else's" business. Ofcourse you can be employed as a director of your OWN business after getting Entrepreneur visa. However, please seek a solicitor's advise for confirmation on this.

Hope this helped.

Legal Advisor wrote:Hi Hammad, firstly, you can definitely work for any other business until you get your Tier 1(E) visa because PSW rules apply and you're covered by section 3C of immigration rules until you get your Tier1 (E) visa.

Regarding your query about continuing to work for other business as a "director" after getting your Entrepreneur visa, I think thats not allowed because even though you're director but thats in "someone else's" business. Ofcourse you can be employed as a director of your OWN business after getting Entrepreneur visa. However, please seek a solicitor's advise for confirmation on this.

Hope this helped.

yes ,you r absolutely correct,

Thanks for your replies,

I tried to speak to a solicitor today he said speak to an accountant. So the story came back to me.

My job title and nature of business remains the same in both i.e. Chartered Certified Accountant and accountancy firm respectively.

Can I do my current job being the director of exiting business?

If I am on the payroll of the company to which I am the finance director, I do not see any problem in that based on what is written in the policy guidance.

My specialisation is in tax but not in the UK immigration. So gurus I need your opinion on this please.

Regards

ishfaqsangra wrote:

Legal Advisor wrote:Hi Hammad, firstly, you can definitely work for any other business until you get your Tier 1(E) visa because PSW rules apply and you're covered by section 3C of immigration rules until you get your Tier1 (E) visa.

Regarding your query about continuing to work for other business as a "director" after getting your Entrepreneur visa, I think thats not allowed because even though you're director but thats in "someone else's" business. Ofcourse you can be employed as a director of your OWN business after getting Entrepreneur visa. However, please seek a solicitor's advise for confirmation on this.

Hope this helped.

yes ,you r absolutely correct,

Hi Hammad, I've sent you a PM. Please check.

hammad1224,
what i can see is, even you will be director of other business but actually you are only employee not shareholder or owner of that business. However if you do have enough shares in other business (meaning you own other business fully or you have taken it over) then it will not be problem to take salary. on the other side, you can still provide accountancy services to your old employer as accountant under ur own company

hammad1224 wrote:Thanks for your replies,

I tried to speak to a solicitor today he said speak to an accountant. So the story came back to me.

My job title and nature of business remains the same in both i.e. Chartered Certified Accountant and accountancy firm respectively.

Can I do my current job being the director of exiting business?

If I am on the payroll of the company to which I am the finance director, I do not see any problem in that based on what is written in the policy guidance.

My specialisation is in tax but not in the UK immigration. So gurus I need your opinion on this please.

Regards

ishfaqsangra wrote:

Legal Advisor wrote:Hi Hammad, firstly, you can definitely work for any other business until you get your Tier 1(E) visa because PSW rules apply and you're covered by section 3C of immigration rules until you get your Tier1 (E) visa.

Regarding your query about continuing to work for other business as a "director" after getting your Entrepreneur visa, I think thats not allowed because even though you're director but thats in "someone else's" business. Ofcourse you can be employed as a director of your OWN business after getting Entrepreneur visa. However, please seek a solicitor's advise for confirmation on this.

Hope this helped.

yes ,you r absolutely correct,