URGENT HELP!! Email received from HO Tier1 Ext

[manu1221]

Hi Gurus and Members of this Forum

Today I have received an email from HO to my company email and asking the below question

"Please could you confirm if this individual (ME) will be working in an employed or self employed capacity?"

Please Gurus, help me to answer to this email. I have applied for Tier E (Ext) 50K route on 6th March, I'm the Director of the company and took Salary from the profits only.

Zimba88 and other GURUS, your urgent help will be much appreciated!!

[jafersadeq]

You are the director, so you have to say that, and of course you are working because you are protected by section 3C, answer them that you are the director and you applied at that time, and you are under section 3C, and you are have the permission to work because your stay in the UK is legal.

NOTE: check the email address they used, it may be spam !!

[manu1221]

You are the director, so you have to say that, and of course you are working because you are protected by section 3C, answer them that you are the director and you applied at that time, and you are under section 3C, and you are have the permission to work because your stay in the UK is legal.

NOTE: check the email address they used, it may be spam !!

Thanks jafersadeq for your quick response, They already know that I'm the director of the company as I have send relevant documents to proved me as Director. I've checked the email its not spam and the link provided in the email.

Just wondering it has been pop-out due to salary intake from the business, but my accounts never gone down below 55k since I made the investment in Dec 2014.

Solicitor is saying that they're asking my business about the capacity I'm working in, so it should be employed to my business. I'm after the appropriate wording to reply back to their email.

Zimba88 would you please share your views in this email received from HO. Thanks

[zimba]

Home office seems to have a software that checks migrants who are registered on PAYE against their visa expiry dates and it seems it does not take into consideration section 3C. Then it flags those companies up and their enforcement team contact those companies to see what is going on.
Just respond that the subject in question (YOU) is the director of the company on a Tier 1E visa with a pending extension application (include the reference number) and continues to work as covered under section 3C.

[ashontherun]

Hi,

You could reply by quoting the guidance given on http://www.gov.uk and state that Point 38 on Page 14 of Tier 1 Entrepreneur guidance says -

"Conditions of stay
38.Permission to stay under this route will be subject to the following conditions:

c. no employment other than working for the business or businesses that you have established, joined or taken over but working for such business(es) does not include any work you do which is effectively employment with another business (for more details– see Annex A, A41)"

Therefore, you are working in the capacity of director for your own company according to the above clause mentioned in the Tier 1 Entrepreneur guidance.

Hope this helps.

Cheers

[hkay1]

Did you provide this email address as a part of your application or is this email address the one setup with HMRC for PAYE contact details?

[manu1221]

Home office seems to have a software that checks migrants who are registered on PAYE against their visa expiry dates and it seems it does not take into consideration section 3C. Then it flags those companies up and their enforcement team contact those companies to see what is going on.
Just respond that the subject in question (YOU) is the director of the company on a Tier 1E visa with a pending extension application (include the reference number) and continues to work as covered under section 3C.

Thanks Zimba88 for your valued advise, yes its looks like it has been flagged up in my case thats why I didn't get the visa straight away. I'll reply to them accordingly. Thanks once again

[manu1221]

Hi,

You could reply by quoting the guidance given on http://www.gov.uk and state that Point 38 on Page 14 of Tier 1 Entrepreneur guidance says -

"Conditions of stay
38.Permission to stay under this route will be subject to the following conditions:

c. no employment other than working for the business or businesses that you have established, joined or taken over but working for such business(es) does not include any work you do which is effectively employment with another business (for more details– see Annex A, A41)"

Therefore, you are working in the capacity of director for your own company according to the above clause mentioned in the Tier 1 Entrepreneur guidance.

Hope this helps.

Cheers

Thanks alot ashontherun for your detailed answer, much appreciated

[manu1221]

Did you provide this email address as a part of your application or is this email address the one setup with HMRC for PAYE contact details?

This is my company email address which I have provided with business visiting card of the company.