Can you be shareholder or director while you are waiting for Tier 1, but still on Tier 2 terms?

[vc280]

Hi all

Hope everyone is doing well. Many thanks for taking the time to read help me out of this.

Just to give you some background. I applied for Tier 1 entrepreneur visa on June 2017 and since then I have been waiting for a response.
I switched from being under Tier 2 general work visa. I have now resigned from the company I use to work and all I do now is preparing for business launch once the visa (hopefully) is granted.
I never thought that the Tier 1 application would be this late and I am missing sales opportunities, especially as Christmas is soon coming. I missed last Christmas and don't want to miss this one.

So my question is;

1. Can I form a company and be the shareholder and director or just the shareholder (provided one of my business partners can be the director), while I am on Tier 2 terms?
The business I intend to launch is completely different from the job I was granted a Tier 2 visa.

2. I intend to show this company to the Home office for extension (Tier 1) and all other requirements, Will it be a problem to show this company to the Home office which was formed on a date before I got the Tier 1 approval, that is while I was on Tier 2 terms?

3. Will it be a problem as I am a shareholder at this company from the startup before we got the Tier 1 approval?

Just make it clear, can you please advise, if I can be
Shareholder only
Director only
Shareholder and Director
or you can't be doing anything other than the Tier 2 job?

I mean I want things to be safe for my future immigration as well. Each solicitor I have contacted have different opinions and I am just confused.

Any advice is highly appreciated

Many thanks
Vish

[CR001]

You already received advice on this. Why are you asking again?

uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1666599

[vc280]

"You can be a shareholder and a director. But you can't be on the payroll and rightfully you should not work for the business. However, you can volunteer "

This was the reply I received.
I had one more question regarding this. Will it be a problem to show this company to the Home office which was formed on a date before I got the Tier 1 approval, that is while I was on Tier 2 terms?

Many thanks
Vish

[marcnath]

"You can be a shareholder and a director. But you can't be on the payroll and rightfully you should not work for the business. However, you can volunteer "

This was the reply I received.
I had one more question regarding this. Will it be a problem to show this company to the Home office which was formed on a date before I got the Tier 1 approval, that is while I was on Tier 2 terms?

Many thanks
Vish

No. you are not violating the terms of your Tier2

[vc280]

"You can be a shareholder and a director. But you can't be on the payroll and rightfully you should not work for the business. However, you can volunteer "

This was the reply I received.
I had one more question regarding this. Will it be a problem to show this company to the Home office which was formed on a date before I got the Tier 1 approval, that is while I was on Tier 2 terms?

Many thanks
Vish

No. you are not violating the terms of your Tier2

I am planning to show this company which I form right now ( before getting Tier1), but while on Tier 2 terms. Later, hopefully when I am documenting for Tier 1 extension, won't they check the date of company formation? I guess they will because it is one of the criteria for an extension, won't they check when the company was formed and if it was before I got the approval for Tier 1, won't that be a breach of immigration rules on Tier 2 terms? I hope this makes sense.

Please help me out, as when I contacted solicitors all have different opinions.

Many thanks
Vish

[marcnath]

"You can be a shareholder and a director. But you can't be on the payroll and rightfully you should not work for the business. However, you can volunteer "

This was the reply I received.
I had one more question regarding this. Will it be a problem to show this company to the Home office which was formed on a date before I got the Tier 1 approval, that is while I was on Tier 2 terms?

Many thanks
Vish

No. you are not violating the terms of your Tier2

I am planning to show this company which I form right now ( before getting Tier1), but while on Tier 2 terms. Later, hopefully when I am documenting for Tier 1 extension, won't they check the date of company formation? I guess they will because it is one of the criteria for an extension, won't they check when the company was formed and if it was before I got the approval for Tier 1, won't that be a breach of immigration rules on Tier 2 terms? I hope this makes sense.

Please help me out, as when I contacted solicitors all have different opinions.

Many thanks
Vish

I guess we have already stated our opinion that it should not matter.

Asking the same question again and again is not going to end up with a different answer

[vc280]

I guess we have already stated our opinion that it should not matter.

Asking the same question again and again is not going to end up with a different answer

The question is not the same, I don't need a different answer too. you said it won't matter. I am looking for the grounds for your opinion.
Anyway.

Thanks for your time.

[marcnath]

I guess we have already stated our opinion that it should not matter.

Asking the same question again and again is not going to end up with a different answer

The question is not the same, I don't need a different answer too. you said it won't matter. I am looking for the grounds for your opinion.
Anyway.

Thanks for your time.

Immigration rules can't and don't list every single thing that you can do so you are not going to find documents to "allow" you to be a shareholder or director.

I haven't found anything in the immigration rules that prevent you from doing that. So, if someone is giving you a contradictory view, please have them show where in the immigration rules it says so. And I would be thankful if you can then share it so I can learn too.

The Tier 2 guidance has a full section on the Conditions of Leave that you can check to see if this is prevented