Director of dormant company

[Nat333]

Hi,

I set up a business while on a post study work visa, but made it dormant since formation as I did not have the necessary capital at that time.

I then switched to a Tier 4 student visa for a master's course. During this period, I did not undertake any form of employment and was studying full-time.

However, I did file the company's Annual Return, reporting that the business is still dormant.

Upon finishing my course, I noticed on Companies House that the dormant business is:
• listed as active
• lists me as a director
• lists me as a shareholder

According to the UK immigration rules, I am not allowed to be self-employed while on a tier 4 student visa. I haven't been self-employed, but it appears my dormant company is suggesting different!

Could someone be kind enough to clarify this issue please?

I am very concerned because I would like to switch to the Tier 1 entrepreneur visa in future.

Thank you very much

[Olasunkanmi]

@ Nat333, since you open the company while on PSW visa then you are ok and also since your company did not carry out any trading activities during your master's programme, you should also be fine.

Don't forget that they cannot accuse you of running a business if such business does not trade and if they don't have any proof to support that.

So relax and plan for your application, but its better you open a new company for your application.

[Nat333]

Hi Olasunkanmi,

Thank you very much for your response. Are you an immigration consultant?

You are absolutely right. To be more than safe, the record at Companies House has been updated to show that I was not a director of the business during my study.

Secondly, I was able to confirm that Companies House lists dormant companies as active, even though they are not trading.

Thirdly, anybody can be a shareholder of a UK company and it does not matter whether or not you are on a student visa or a non-EU person.

To be safe, my business plan is based on a different company, which I will either open as a new company or trade with under my current company.

Cheers