Right to Work while extension application is submitted

[VWS]

Hi Guys

I was just a part of a discussion at a place about right to work while extension application is with home office for extension on T1 entrepreneur 50k route. One of the companies along with the business is carried on has asked one of our friend to get a right to work form done using this link.

'' https://www.gov.uk/employee-immigration ... ent-status ''

The thing which was under discussion is that this link is for general right to work which in any case the home office will refuse.

Any ideas how this can be explained or any key points to mention?

or is there any other contact point with home office where this can be asked that are we allowed to carry on business activities as normal to which they can reply to an email or in writing?


ANYONE???? OR Zimba88???

[zimba]

A company you provide service to has NO right to ask you or anyone else about the right to work UNLESS you are working for them in capacity of an employee or satisfying a contract of service which is NOT ALLOWED under Tier 1E rules.

[VWS]

but the guy who raised up this question is working as a director of the company who has the contract with another company to provide the services. he has got few other employees working on the contract as well alongside.

its a tricky situation i guess.

[zimba]

Then no company has the right to demand right to work from him or his employees. Only an EMPLOYER is required to do that.
Also being a company director does NOT prevent you from working in capacity of an employee for another company either (read why IR35 rules exist)

[VWS]

many thanks for your reply

just asking have you opened the link which he has been sent? that what i thought that it is a check for a status of an employee working for you but not for a director of the company with which the company has the contract with.

[zimba]

This link should ONLY be used by an EMPLOYER to check the rights of the people he/she EMPLOYEES who do not have EEA id cards to prove their right to work in the UK.

[awan905]

You are covered by 3C.