Can a Tier 2 migrant invest in a ltd. company?

[tencsk]

Hi all,
My wife is on a Tire 2 General Visa. She works for NHS full time. She dose private work in the same capacity, within the allotted 20 hrs. Payment for these private work comes in the form of cheques direct to her. For our convenience, is it possible for her to be a shareholder in my company and invest her earnings in our company of which I am the director ?
She has no intention of taking a salary or dividends from our company.
Is she in any violation of Tire 2 General Immigration Laws ?
Many thanks for your advice.

[Lucapooka]

If she is self-employed she is in breach of her visa.

[Lucapooka]

If she is self-employed she is in breach of her visa. The additional work must be employment under paye.

[tencsk]

Thank you for the quick reply.
In the Tier 2 Policy Guidance (Version 07/2013) there is no mention about paye. Can you please indicate to me were it is mentioned?

As far as the Policy Guidance go I could only find,
192. You cannot take employment, except:
• working for the sponsor in the job recorded on your Certificate of Sponsorship; and
• supplementary employment; and
• voluntary work; and
• you have been granted leave in the Tier 2 (Sportsperson) category, and you are playing for your national side whilst you are in the UK.

Supplementary employment
207. You do not need to inform us of any supplementary employment, as long as it is:
• In either a job on the Shortage Occupation List or a job in the same sector and at the same professional level as the work for which your Certificate of Sponsorship was assigned; and
• no more than 20 hours per week; and
• outside of the normal working hours for which your Certificate of Sponsorship was assigned.
208. In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship.
Thanks for your assistance.

[Lucapooka]

The guidance refers to employment but employment is not self-employment. It is not possible to monitor the exact number (limited to 20) of paid hours under SE as SE is hardly ever an hourly paid undertaking. Only in very limited circumstances is contract work permitted for additional employment under t2. Try googling Tier 2 and self employment

[geriatrix]

See also Supplementary work (work permit vs tier 2)