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Tier1 company weekly income

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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Kkapil
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Joined: Tue Jun 07, 2016 9:10 pm

Tier1 company weekly income

Post by Kkapil » Sat Oct 01, 2016 4:06 pm

Dear All,
I am due for tier1 extension in few months, can anyone advice me please? I been getting paid from a recruitment agency weekly shows on my business statement as recruitment but as I spoke to an adviser he suggests it is not ideal to be on the statement as recruitment. Please drop your views.

Many Thanks.

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zimba
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Re: Tier1 company weekly income

Post by zimba » Sat Oct 01, 2016 4:27 pm

You are probably working like an employee under a contract for service which is not allowed under the rules. Your visa could be curtailed if you are found to work via a personal company in capacity of an employee
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Mrchaany
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Re: Tier1 company weekly income

Post by Mrchaany » Sat Oct 01, 2016 4:50 pm

Contract of service is not allowed
Contract for service is allowed
Strong commitment, extreme faith and honesty will recognize your existence.

Kkapil
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Re: Tier1 company weekly income

Post by Kkapil » Sat Oct 01, 2016 7:37 pm

Thank for your all response, but I am paid from 2 other companies too & appointed one of my employee through recruitment to work for various companies. So I have signed contract between my company & recruitment Ltd.

Kkapil
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Joined: Tue Jun 07, 2016 9:10 pm

Re: Tier1 company weekly income

Post by Kkapil » Thu Oct 06, 2016 5:33 pm

Dear Readers,
Please advise me why can't I recruit one of my employee through recruitment agency to provide services for different companies? If not how can I resolve it as it already appeared on the statement for last 2 years ?

Thanks

Kkapil
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Posts: 17
Joined: Tue Jun 07, 2016 9:10 pm

Re: Tier1 company weekly income

Post by Kkapil » Wed Oct 12, 2016 11:54 am

Zimba,
Could you advise me for above please?

Thanks

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zimba
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Re: Tier1 company weekly income

Post by zimba » Wed Oct 12, 2016 12:03 pm

Kkapil wrote:Dear Readers,
Please advise me why can't I recruit one of my employee through recruitment agency to provide services for different companies? If not how can I resolve it as it already appeared on the statement for last 2 years ?

Thanks
Who said you cannot ??
You simply are not allowed to work for other companies as if you are their employee, even if you are providing such work via your own company (personal service company). Read the definition of 'employee' from HMRC website.
There are even tax rules to prevent you from doing this and avoid taxes (IR35)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Kkapil
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Joined: Tue Jun 07, 2016 9:10 pm

Re: Tier1 company weekly income

Post by Kkapil » Wed Oct 12, 2016 1:59 pm

Zimba,

I have signed the contract to provide services so it acts as sub contractor. I get paid for gross amount + VAT from the construction & recruitment companies.

Kind Regards

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zimba
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Re: Tier1 company weekly income

Post by zimba » Wed Oct 12, 2016 2:15 pm

Kkapil wrote:Zimba,

I have signed the contract to provide services so it acts as sub contractor. I get paid for gross amount + VAT from the construction & recruitment companies.

Kind Regards
Your nature of work and contract matters. If the contract requires you to work in capacity of employee of such companies (for e.g. it determines your working hours, work place, makes you personally responsible for work, does not let your company employees to take over the work instead of you, etc) then such a contract is a contract of service and it is not allowed under Tier 1E rules. Consult employment/contract lawyers for more clarification on this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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