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Immigration Enforcement Letter

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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ENTREPRENEUR1983
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Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sat Jul 15, 2017 2:25 pm

Hi All,

I received a letter from Immigration Enforcement to my company that why they have hire me as I am not allowed to work in the UK as a employee under my category and if it continue company would be fined £20000 for not complying. I am the director of the company and working as a payee staff (Marketing Manager as per SOC code). Does anyone come across this situation or an advice should be appreciate to deal with it appropriately. Thank you

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annoyedatukba
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Re: Immigration Enforcement Letter

Post by annoyedatukba » Sat Jul 15, 2017 4:57 pm

Has your extension application been refused by the home office - did you go for AR and been refused ?

Because if that is the case then you lose the right to work in the UK and you have to take yourself off the payroll.

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Happydays11
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Re: Immigration Enforcement Letter

Post by Happydays11 » Sat Jul 15, 2017 10:36 pm

Director only not enough , director is job title , you should share holder of the company

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marcnath
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Re: Immigration Enforcement Letter

Post by marcnath » Sat Jul 15, 2017 11:01 pm

Happydays11 wrote:Director only not enough , director is job title , you should share holder of the company
It is sufficient to be a Board Director - i.e. registered as a Director in the companies house and not just a job title of Director.

But it is also true that in most cases, Board Directors are shareholders.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Happydays11
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Re: Immigration Enforcement Letter

Post by Happydays11 » Sat Jul 15, 2017 11:36 pm

marcnath wrote:
Happydays11 wrote:Director only not enough , director is job title , you should share holder of the company
It is sufficient to be a Board Director - i.e. registered as a Director in the companies house and not just a job title of Director.

But it is also true that in most cases, Board Directors are shareholders.
my understanding is if board director on salary (why he/she will contribute in investment-for getting salary :| )

please get legal advice on this...

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marcnath
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Re: Immigration Enforcement Letter

Post by marcnath » Sun Jul 16, 2017 8:40 am

Happydays11 wrote: my understanding is if board director on salary (why he/she will contribute in investment-for getting salary :| )

please get legal advice on this...
I am a Board member, major shareholder and I have been on payroll.
You have a good question - why would I invest and then take the money out as salary and pay taxes.
The answer in my case was simple - I was not the only investor/shareholder.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Casa
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Re: Immigration Enforcement Letter

Post by Casa » Sun Jul 16, 2017 9:08 am

Until ENTREPRENEUR1983 responds, this will only be a thread of suppositions. I suggest that we wait for the OP to participate. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ENTREPRENEUR1983
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Joined: Tue Apr 04, 2017 10:40 pm

Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sun Jul 16, 2017 11:06 am

annoyedatukba wrote:Has your extension application been refused by the home office - did you go for AR and been refused ?

Because if that is the case then you lose the right to work in the UK and you have to take yourself off the payroll.
Hi,
My extension application is with UKVI, still awaiting the outcome. Thanks

ENTREPRENEUR1983
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Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sun Jul 16, 2017 11:10 am

Happydays11 wrote:Director only not enough , director is job title , you should share holder of the company
Hi,
I am director of a company and can only work for my company as per entrepreneur visa requirement. Therefore, I am on payroll of a company and get salary. Don't think I have broken any rules so far, Unless I have misunderstood any rule. Thanks

ENTREPRENEUR1983
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Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sun Jul 16, 2017 11:18 am

marcnath wrote:
Happydays11 wrote:Director only not enough , director is job title , you should share holder of the company
It is sufficient to be a Board Director - i.e. registered as a Director in the companies house and not just a job title of Director.

But it is also true that in most cases, Board Directors are shareholders.
Hi,

I am a register director of a company and have a job title (Marketing Manager) as required in initial application (SOC Code). I get the salary from the company along with my other company staff at the end of the month and company pays PAYE for all, while when we do the annual accounts for a company my salary is highlighted as Director's remuneration and other staffs as Wage/salaries. Thank you

Momi
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Re: Immigration Enforcement Letter

Post by Momi » Sun Jul 16, 2017 11:24 am

I don't think there is anything to worry about. Simply contact them and give them your case ID.
It happened with many people. They send these letters randomly though.

ENTREPRENEUR1983
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Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sun Jul 16, 2017 11:25 am

Happydays11 wrote:
marcnath wrote:
Happydays11 wrote:Director only not enough , director is job title , you should share holder of the company
It is sufficient to be a Board Director - i.e. registered as a Director in the companies house and not just a job title of Director.

But it is also true that in most cases, Board Directors are shareholders.
my understanding is if board director on salary (why he/she will contribute in investment-for getting salary :| )

please get legal advice on this...
Hi,

My understanding is if you are allowed to work only for your own company of course at the end of the day you will get the salary. My salary doesn't count as investment/spending as it is segregate as Director's remuneration but because it run as payroll I pay PAYE for all employee including me. (All the salaries usually comes from earning of the company. I hardly remember any of my staff paid from the 50k investment I made as director Loan). Thank you

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zimba
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Re: Immigration Enforcement Letter

Post by zimba » Sun Jul 16, 2017 1:08 pm

This has been covered many times on the forum. Generic automatic letters by Home Office systems.
You are allowed to work for your own company and be on Payroll
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ENTREPRENEUR1983
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Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Sun Jul 16, 2017 7:47 pm

zimba88 wrote:This has been covered many times on the forum. Generic automatic letters by Home Office systems.
You are allowed to work for your own company and be on Payroll
Hi,
Thanks for your in put, do I need to inform the enforcement dept. or should I just ignore the letter. Thank you

ishfaqsangra
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Re: Immigration Enforcement Letter

Post by ishfaqsangra » Mon Jul 17, 2017 12:34 am

Go online and provide details
They will e-mail you their response
In my case I received POSITIVE response
As an employer you should do this

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zimba
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Re: Immigration Enforcement Letter

Post by zimba » Mon Jul 17, 2017 11:09 am

ishfaqsangra wrote:Go online and provide details
They will e-mail you their response
In my case I received POSITIVE response
As an employer you should do this
Good suggestion :idea:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ENTREPRENEUR1983
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Posts: 33
Joined: Tue Apr 04, 2017 10:40 pm

Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Wed Jul 26, 2017 11:52 am

ishfaqsangra wrote:Go online and provide details
They will e-mail you their response
In my case I received POSITIVE response
As an employer you should do this

Hi, I did the same and below is their reply;
Dear Sir/Madam,

Thank you for your email.

The Employer Checking Service was established to assist employers to obtain a statutory excuse against the imposition of a civil penalty for employing an overseas worker illegally. We do not undertake checks for individuals.

Your request will therefore not be actioned.

Kind Regards

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zimba
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Re: Immigration Enforcement Letter

Post by zimba » Wed Jul 26, 2017 12:15 pm

There is no legal way for HO to impose a penalty on you as you have the right to work for your own company under Tier 1E rules. You should not worry about this
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ENTREPRENEUR1983
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Posts: 33
Joined: Tue Apr 04, 2017 10:40 pm

Re: Immigration Enforcement Letter

Post by ENTREPRENEUR1983 » Thu Jul 27, 2017 7:48 pm

zimba88 wrote:There is no legal way for HO to impose a penalty on you as you have the right to work for your own company under Tier 1E rules. You should not worry about this
Thank you very much for your feedback.

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