Oversees consultant applying under tier 1

[iamhz]

Hello All,

Can anybody please help clarify something for me, am planning to apply under Tier 1 200K Entrepreneur scheme - and currently working as consultant for a multinational company

My question is if am approved for Tier 1 - can I keep my current role knowing that I will be out of country for about 150 days / year - the rest of the year will be developing my new business in UK?

Thanks for all the help provided here

Regards

[marcnath]

Hello All,

Can anybody please help clarify something for me, am planning to apply under Tier 1 200K Entrepreneur scheme - and currently working as consultant for a multinational company

My question is if am approved for Tier 1 - can I keep my current role knowing that I will be out of country for about 150 days / year - the rest of the year will be developing my new business in UK?

Thanks for all the help provided here

Regards

Under the conditions of the T1E visa, you cannot work for any company other than your own

[iamhz]

Thanks marcnath
My understanding was I won't be able to work in the UK anywhere but for my business
I thought oversees won't count as long as you are in the UK more than 180 days in any consecutive 12 months

[marcnath]

Thanks marcnath
My understanding was I won't be able to work in the UK anywhere but for my business
I thought oversees won't count as long as you are in the UK more than 180 days in any consecutive 12 months

The immigration rules are quite clear. Section 245DC (iii) says

(iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business,

There no mention that this is restricted to the UK.

Of course, the question remains as to how HO can check in any other place than the UK.

However, I think there is a question in the extension about whether you were in employment and lying on an application form is always risky.

But if you are not ready to spend your full time in your business, why do you want to apply for the visa now ? You can apply whenever you are ready.

[iamhz]

Much appreciate it marcnath
re-reading annex A * A41 section few times now and the key word is contract for service vs contract of service

as for why - I wanted to have a feel of whether am gonna like it or not - hard decision to make between leaving current Job and go somewhere new

As for the moment, am doing both in my country - I have a business running since 2015 and consult for another company overseas

Regards,

[zimba]

Not if that is a contract of service. Working in capacity of an employee is a form of employment and there are even tax rules (IR35 rules) that cover this. You should read the dentition of employment status from HMRC website: https://www.gov.uk/government/publicati ... tus-manual

Technically an employee can leave employment on Friday, start a company and begin working for the employer as a 'consultant' via his/her own company on Monday. This way you end up paying less NI tax and get benefits of a director even though you are still remain in capacity of an employee which means nothing has changed. To avoid this, HMRC still considers you an employee and imposes IR35 rules on you !

If you are working in capacity of an employee, you have a contract of service which makes you an employee of your client, not an entrepreneur or a business owner. Under Tier 1E route, you MUST not take any employment or work in capacity of employee as ANY form of EMPLOYMENT is against the conditions of Tier 1E visa.

If a contract makes you personally responsible for the work, demands you to work in a certain place at the certain time and manages your work schedule, you are pretty much an EMPLOYEE. This kind of work is AGAINST the Tier 1E conditions no matter if you register as self-employed or a director