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Expired visa + right to work

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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niomi
Member
Posts: 129
Joined: Tue Oct 09, 2012 10:45 am
United States of America

Expired visa + right to work

Post by niomi » Fri Sep 02, 2016 6:27 pm

As I have an interview for T1 Ent extension next week, my solicitor mentioned that I should be very careful what I say related to the activities I've done in the UK since I sent in my second visa application (the first one was rejected in May; second one was sent in June).

I was told that I technically should not be taking an active role in my company. Essentially, I must be a 'shadow director', i.e., very hands-off overseeing of work but no active business in UK as I await my visa extension because I am overstaying my leave.

What does everyone think about this ? I've actually more than doubled my profits in the last 3 months. But he says I can say this is all due to my employees' work, not my own. On the other hand, I've got some big contracts I am currently competing for and I will need to speak about these as a good example of my client base. It just feels strange to say I'm not an active director of my own business which is going well. Has anyone else had this problem?

niomi
Member
Posts: 129
Joined: Tue Oct 09, 2012 10:45 am
United States of America

Re: Expired visa + right to work

Post by niomi » Sat Sep 03, 2016 10:26 am

Any ideas here? Are we not allowed to keep running our company after our visa expires, when waiting for the extension application to go through?

Mrchaany
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Posts: 533
Joined: Sun Jun 23, 2013 11:52 pm
Location: Reading

Re: Expired visa + right to work

Post by Mrchaany » Sat Sep 03, 2016 10:40 am

Now things is more complicated
Your can explain to interviewer that I am just paying wages to your employee and look after the work flow but not actively working because interprenuer is not ordinary business visa, but if your 3c is active so your are allowed to work for your business or business's.
Strong commitment, extreme faith and honesty will recognize your existence.

seasky
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Joined: Sun Nov 13, 2011 10:01 pm
United Kingdom

Re: Expired visa + right to work

Post by seasky » Sat Sep 03, 2016 9:20 pm

Stop taking personal salary for the period. Work as non compensated non-exec director

If the issue for the interview is related to you being a genuine entrepreneur you don't want to detract from that

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zimba
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Re: Expired visa + right to work

Post by zimba » Mon Sep 05, 2016 10:38 am

As an overstayer, you must NOT take any salary from the company until your rights are reinstated.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

seasky
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Re: Expired visa + right to work

Post by seasky » Mon Sep 05, 2016 11:21 am

zimba88 wrote:As an overstayer, you must NOT take any salary from the company until your rights are reinstated.
But continue to 'lead' the company as a non-exec director (a resignation letter for your executive position could help if need be and be careful on salary. take none, no PAYE for you etc)

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