Contracts problem

[shaz007]

HI All,

I have a Question for all Entrepreneur Visa holders. If someone been doing some contracts through agency and i found out that agency has reporting system they ask for NI now and report to HMRC. does this make any effect on Entrepreneur Tier 1 visa extension what is the purpose and point to do so ?

Please reply and i would appreciate if Senior members of the board can put some light on this matter .

Thanks in Advance .

[moongesture]

If you have worked for your own business then its no problem.

[shaz007]

yeah but what about intermediate agency who is the middle man

[moongesture]

yeah but what about intermediate agency who is the middle man

A valid NI contribution can only be reported to HMRC for "employee" in any capacity. If reported wrongly can be correct at later stage.
A Tier 1 migrant can not be at any payrol other then his own business. In above scenario such submission can cause serious problem during extension if not corrected.

[zimba]

HI All,

I have a Question for all Entrepreneur Visa holders. If someone been doing some contracts through agency and i found out that agency has reporting system they ask for NI now and report to HMRC. does this make any effect on Entrepreneur Tier 1 visa extension what is the purpose and point to do so ?

Please reply and i would appreciate if Senior members of the board can put some light on this matter .

Thanks in Advance .

You cannot be on the payroll of a company that you are not a director of as this is considered employment and is not allowed under immigration laws. Your application for extension/ILR certainly will be refused in that case. Also remember that contracting or running a personal service company is not allowed under Tier 1 entrepreneur visa.

[miss khan]

"Also remember that contracting or running a personal service company is not allowed under Tier 1 entrepreneur visa."
Can you plz explain this point .....

[zimba]

"Also remember that contracting or running a personal service company is not allowed under Tier 1 entrepreneur visa."
Can you plz explain this point .....

If you do any work through your company which amounts to merely filling a post in another company (e.g contracting for services), then you are not really an entrepreneur because you are running a Personal Service Company. You could be affected by the HMRC's infamous IR35 tax rules.

Read more: https://www.gov.uk/guidance/ir35-find-out-if-it-applies

If IR35 applies to you under any circumstance, you could be in breach of your conditions of stay

[Vish79k]

Mate whats going on with your case?shaz007

[QSDanik]

Hello Zimba !
its bit complicated! can you see in my situation, For example, I have subcontract from "X" company to supply staff to "Y" company, as "X" is National agency , so to supply staff to "Y" party I have to be on the panel of "X", so I supply staff to Y, and but invoice to X. but they deal with my business as my agecny. Deos it concern with IR35 tax rules or personal company service?
thanks

[marcnath]

Hello Zimba !
its bit complicated! can you see in my situation, For example, I have subcontract from "X" company to supply staff to "Y" company, as "X" is National agency , so to supply staff to "Y" party I have to be on the panel of "X", so I supply staff to Y, and but invoice to X. but they deal with my business as my agecny. Deos it concern with IR35 tax rules or personal company service?
thanks

As long as the staff "supplied" does not include yourself, then it is ok. You can supply your employees in that manner without a problem.

But if you are one of the people who is "supplied" then you are breaking the conditions of your T1E visa