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Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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gomprado
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Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by gomprado » Wed Feb 13, 2019 1:41 pm

Hey everyone,

I tried searching for helpful information on our situation but couldnt find any relevant info. So I am posting it here in the hopes of some guidance.

My wife was on Tier 4 visa for two years and has now switched to Tier 2 general visa (6 months ago). About, 18 months ago, she created a limited company (only director) that she is still pursuing as a start up.

The startup has been active only the past six months (after she switched to Tier 2) but for legal reasons will be considered "Trading" since she bought some equipment for testing 18 months ago and filed tax returns (No tax).

The questions here are

Legally, she may have broken here previous visa conditions by starting the limited company, which we are only coming to know of now. She says she did it to not lose the name :)

1. What is the consequence of this action on her future ILR/naturalisation route or her current tier 2 visa ?

2. What is the consequence for the limited company ?


Thanks for your time,
Aarav

gomprado
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by gomprado » Thu Feb 14, 2019 12:39 pm

Any suggestions are appreciated. We are still looking for clarity on this subject.

gomprado
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by gomprado » Fri Feb 15, 2019 4:51 pm

The lack of responses suggest that this is a more nuanced issue that we thought.

Still looking for any advice on this issue.

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Casa
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by Casa » Fri Feb 15, 2019 6:44 pm

This is complex, but to the best of my knowledge under the conditions of her Tier 4 visa, she was not permitted to set up a Limited company.

Also see the following regarding holders of a Tier 2 General visa:
"Tier 2 (General) workers are not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining permission from the Home Office."

Is your wife trading in the same profession as the COS issued and is she at Director level in her current employment with her Tier 2 Sponsor :?:

Others may well have more to add regarding supplementary employment and the SOC rules.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

gomprado
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by gomprado » Sat Feb 16, 2019 1:08 am

Thanks for your response. She has a Tier 2 dependent and is only pursing the startup full time. So there shouldnt be any issues with supplementary employment. Sorry about the confusion with Tier 2/Tier2 dependent.

What do you think are the consequences of broken rules of a prior visa ?

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Casa
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by Casa » Sat Feb 16, 2019 8:07 am

gomprado wrote:
Sat Feb 16, 2019 1:08 am

What do you think are the consequences of broken rules of a prior visa ?
Possibly. Wait for others better placed to advise on Tier 4 to respond.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

gomprado
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Joined: Wed Feb 13, 2019 1:25 pm
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by gomprado » Fri Feb 22, 2019 4:30 pm

Any experts who have come across a similar scenario ?

sah10406
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Re: Wife opened a company in her previous Tier 4 visa (now on Tier 2)

Post by sah10406 » Sat Feb 23, 2019 9:58 am

Her leave may be curtailed under paragraph 323(i) which includes 322(3), a breach of conditions:

failure to comply with any conditions attached to the current or a previous grant of leave to enter or remain, unless leave has been granted in the knowledge of a previous breach;
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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