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Tier 1 + Contracting

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Tier2wurker
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Tier 1 + Contracting

Post by Tier2wurker » Wed May 04, 2016 11:44 am

Fellow Entrepreneur's

Are Tier 1 Entrepreneur visa holders allowed to accept contract roles with organizations within the UK? As a consulting services organization I will have to be at various client locations to manage and deliver projects...Does the Tier1 entrepreneur visa allow me to that?
Will appreciate it if experts can please clarify.

Cheers!

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zimba
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Re: Tier 1 + Contracting

Post by zimba » Wed May 04, 2016 12:21 pm

Tier2wurker wrote:Fellow Entrepreneur's

Are Tier 1 Entrepreneur visa holders allowed to accept contract roles with organizations within the UK? As a consulting services organization I will have to be at various client locations to manage and deliver projects...Does the Tier1 entrepreneur visa allow me to that?
Will appreciate it if experts can please clarify.

Cheers!
Having a contract of service is not allowed under Tier 1E route (e.g running a personal service company or working via an agency). This means that if you sign a contract with a company which amounts to a filling up a role in that company, then you are technically not an entrepreneur but simply providing your services as if you are en employee of that company. The rules say:
You may not, however, be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to,that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contract of service.This applies even if it is claimed that such work is undertaken on a self-employed basis.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Napoleon77
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Re: Tier 1 + Contracting

Post by Napoleon77 » Wed May 04, 2016 12:27 pm

zimba88 wrote:
Tier2wurker wrote:Fellow Entrepreneur's

Are Tier 1 Entrepreneur visa holders allowed to accept contract roles with organizations within the UK? As a consulting services organization I will have to be at various client locations to manage and deliver projects...Does the Tier1 entrepreneur visa allow me to that?
Will appreciate it if experts can please clarify.

Cheers!
Having a contract of service is not allowed under Tier 1E route (e.g running a personal service company or working via an agency). This means that if you sign a contract with a company which amounts to a filling up a role in that company, then you are technically not an entrepreneur but simply providing your services as if you are en employee of that company. The rules say:
You may not, however, be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to,that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contract of service.This applies even if it is claimed that such work is undertaken on a self-employed basis.

Interesting Zimba

So what happens to IT contractors who were on Ent Visa but went into IT contracts in 2013/14 before the rule changed?

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zimba
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Re: Tier 1 + Contracting

Post by zimba » Wed May 04, 2016 12:53 pm

Please read the discussion here on the same subject: http://www.immigrationboards.com/uk-tie ... 88534.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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