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[samlov]

Hello all

I have one important question to ask if seniors can answer me please .

Question
I am on entrepreneur teir 1 visa and i applied it on 2013 and got it in 2014 oct . Now i have apllied my extension last year in oct 2017 and still waiting since that time .
I have been into a contract with a agency they have said its contract of service and i accepted that but worked to the client place . Client pay to the agency and agency pay me . All.the money going to my company accounts and contract is with two companies my and the agency .

Agency after 3 months comming back to me that i am not allowed to work on this visa like that although they have derails in yand before i took the contract . They are not paying me and accusing me and sa8d they have contacted home office .

Is there any problem i will have or issues and eill.this effect on my extension ? Please reply I am in stress.

[marcnath]

Hello all

I have one important question to ask if seniors can answer me please .

Question
I am on entrepreneur teir 1 visa and i applied it on 2013 and got it in 2014 oct . Now i have apllied my extension last year in oct 2017 and still waiting since that time .
I have been into a contract with a agency they have said its contract of service and i accepted that but worked to the client place . Client pay to the agency and agency pay me . All.the money going to my company accounts and contract is with two companies my and the agency .

Agency after 3 months comming back to me that i am not allowed to work on this visa like that although they have derails in yand before i took the contract . They are not paying me and accusing me and sa8d they have contacted home office .

Is there any problem i will have or issues and eill.this effect on my extension ? Please reply I am in stress.

Sorry to hear about this.

Without knowing all the details, it is difficult to say but on the surface it does look like you may be working in violation of the terms of your visa.

It is however not straightforward. Do you have employees and what do those employees do ?

What is the nature of your work and what are the terms of the work - are you supposed to be a the clients place 9 to 5, for example ?

[samlov]

Yes I was at client place 9 to.5 and was providing IT consultancy and my company providr IT consultancy and tenchical support . I do have two employees .

Agency said they have contacted home office and. Have shared the details and acccuse me that hime office said they dont have any pending applicatiom with my details. Now agency knew all before contract at that time they said all is fine .

[marcnath]

Yes I was at client place 9 to.5 and was providing IT consultancy and my company providr IT consultancy and tenchical support . I do have two employees .

Agency said they have contacted home office and. Have shared the details and acccuse me that hime office said they dont have any pending applicatiom with my details. Now agency knew all before contract at that time they said all is fine .

So essentially you were doing something that the client could have hired an employee to do. That is a clear violation of the T1E visa, I am sorry to say.
It does not matter what the agency knew, it was your responsibility to know the terms of your visa.
Of course, the agency should still pay you - they are in trouble also for hiring you without proper checks. So I am a little doubtful if they went to HO.
But the only thing you can do now is to prepare for the worst case - which is that HO will curtail your visa and require that you leave.
There is a small chance HO may not find out (if the agency has not reported) but then just consider yourself lucky

[zimba]

Yes I was at client place 9 to.5 and was providing IT consultancy and my company providr IT consultancy and tenchical support . I do have two employees .

This is not allowed under Tier 1E rules

uk-tier-1-entrepreneur-visas/contract-w ... l#p1445105

[samlov]

Thanks. For replying but I have provided consultancy services being a representative of my company not as a client or agency employee ?

How come this is same ?

[marcnath]

Thanks. For replying but I have provided consultancy services being a representative of my company not as a client or agency employee ?

How come this is same ?

Read the guidance document . It is clearly stated there

[zimba]

Thanks. For replying but I have provided consultancy services being a representative of my company not as a client or agency employee ?

How come this is same ?

It is about the terms of your contract. You cannot simply set-up a company and then work like an employee for someone else and then claim you are not working for your own business. There are even tax rules (IR35) that prevent someone from using this trick to avoid NI payments
What you have done are very clear violations of the Tier 1E conditions of stay.

From the Tier 1E guide (Genuine Entrepreneur Activity (contract of service with another business)):

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.

[samlov]

Zimba I have set my own Contract and Working hours and this was a project base and for that I have to examine and do assessment for the upgrade projects and system support . This is truly My company work contract for service or of service . What I have understand that You can set your own time frame and how you will complete the project isnt it? some saying comes in Self employed as well

[marcnath]

Zimba I have set my own Contract and Working hours and this was a project base and for that I have to examine and do assessment for the upgrade projects and system support . This is truly My company work contract for service or of service . What I have understand that You can set your own time frame and how you will complete the project isnt it? some saying comes in Self employed as well

As I said before, it is not straightforward.

The immigration rules are, however, straightforward and Zimba has explained that in detail.

But neither of us are the ones evaluating your application.

If you are confident that it does not violate the rules, then you are free to make that argument. The guidance document sets out some possible questions (it is also made clear that it is not exhaustive) that help you evaluate the situation.

We do our best to give some pointers but since we do not know all the details, take our comments as one input only

[zimba]

Zimba I have set my own Contract and Working hours and this was a project base and for that I have to examine and do assessment for the upgrade projects and system support . This is truly My company work contract for service or of service . What I have understand that You can set your own time frame and how you will complete the project isnt it? some saying comes in Self employed as well

The challenge is to prove your employment status is not 'an employee'.
This all depends on the TREMS of your contract. From such terms, your employment status will be determined under the employment law. Working through agencies and proving services via a personal service company in most cases establishes your employment status as an 'employee' under the employment law rather than 'self employed' or something else.
The whole IR35 rules are in place to prevent smarty pants to avoid paying NI by working via their own company and claiming that they are not employees.
I suggest to seek professional legal help and get your contract reviewed by an employment law expert to see what your employment status is under the terms of such contract.

[samlov]

Thanks Zimba and Marcnath,

How can I get a letter of section 3c while decision is pending as I have clients and to secure a deal this often comes a question ?

[CR001]

Thanks Zimba and Marcnath,

How can I get a letter of section 3c while decision is pending as I have clients and to secure a deal this often comes a question ?

You cannot get a 'letter of section 3C'. Simply print out the section 3c guidance or part of the immigration rules.

[samlov]

Put that was the allegation one client put and did not pay me, He wants a letter and I have said the same and send the Section 3C Pdf as well. have not received the payment pending

[CR001]

A 'client' would only be so concerned about your immigration status if you were actually working for them as an employee!!

Which would again, bring us back to the questions about are you 'working' as an 'employee' for a 'client'??

[samlov]

I am self employed and work for myself so not as employee but as a Worker of my own company.

[marcnath]

Put that was the allegation one client put and did not pay me, He wants a letter and I have said the same and send the Section 3C Pdf as well. have not received the payment pending

You said the contracts are between the companies. Your company has no immigration issue so there should be absolutely no basis for the client to use that as a reason not to pay.

[zimba]

I am self employed and work for myself so not as employee but as a Worker of my own company.

It is irrelevant that you work for your own company, your status DOES NOT depend on that. You seem to be in denial.
There is now enough information in this thread that should enable you to figure out if your employment status is 'an employee'. Given the information your provided, you are indeed working in capacity of an employee and in breach of the conditions of your stay.
You could be refused visa extension and this could have long standing effect on your immigration status and any future applications