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Employment check for director paye

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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alin55555
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Posts: 15
Joined: Tue Jan 03, 2017 1:49 pm

Employment check for director paye

Post by alin55555 » Wed Feb 08, 2017 10:32 am

Dear members

I have recently applied for tier 1 extension. I have a risk management consulting business. As a director, I have automatic right to work for my own business. However, couple of days ago my accountant advised me that because I am on Paye (as employee of ltd co), my company Secretary should do an Ecs check on me ! All my business contracts are legally IR35 exempt

I don't think I need to do this. Would this have a negative impact on my application?

Regards

ukbiz
Newbie
Posts: 48
Joined: Sun Dec 11, 2016 3:33 pm

Re: Employment check for director paye

Post by ukbiz » Wed Feb 08, 2017 2:57 pm

alin55555 wrote:Dear members

I have recently applied for tier 1 extension. I have a risk management consulting business. As a director, I have automatic right to work for my own business. However, couple of days ago my accountant advised me that because I am on Paye (as employee of ltd co), my company Secretary should do an Ecs check on me ! All my business contracts are legally IR35 exempt

I don't think I need to do this. Would this have a negative impact on my application?

Regards
As you are in 3C until the decision of your ext application , you have same rights as your previous leave so technically you are fine.

But there are some members who received warning letters for directors on PAYE and this is due to HO immigration Dept normally issue automated letters to employers to notify them that they may have been employing someone with visa expire status.

As you are fine but I suggest there is no harm in ECS check just in case if you receive any random letter from them so you will have a positive verification result to response them and this ECS will have no impact on your existing Ext application.

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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Re: Employment check for director paye

Post by zimba » Wed Feb 08, 2017 4:22 pm

There is no need to check this as the condition of your stay clearly allows you to work for your own business.
ECS check should only be done on non-EEA employees
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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