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Tier 1 entre job creation

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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Zaktier1
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Tier 1 entre employment

Post by Zaktier1 » Wed Nov 21, 2018 9:41 pm

Dear All
I have a T1 entrepreneur visa, i ve registered 2 companies. One of them specialized in the field of dental training and research. Now i can work as a dentist in the UK (means i get registered in GDC). Do you think it is fine for me to work for 2 days per week as a dentist? Just to mention that dentists don't work as employee. They do contracts as a self employed or through their companies and get paid variably each month according to their work. So, i ll get paid through my company.

Thank you for your advice.

Regards,

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zimba
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Re: Tier 1 entre employment

Post by zimba » Wed Nov 21, 2018 10:58 pm

No. From Tier 1E guide:
Genuine Entrepreneur Activity (contract of service with another business)
.
.
You may not be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to, that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contract of service. This applies even if it is claimed that such work is undertaken on a self-employed basis.
The idea that you can work in capacity of an employee but under the banner of a limited company or self employment is against the Tier 1E rules. However if you start your own practice, then you should be fine
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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marcnath
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Re: Tier 1 entre employment

Post by marcnath » Wed Nov 21, 2018 11:01 pm

Zaktier1 wrote:
Wed Nov 21, 2018 9:41 pm
Dear All
I have a T1 entrepreneur visa, i ve registered 2 companies. One of them specialized in the field of dental training and research. Now i can work as a dentist in the UK (means i get registered in GDC). Do you think it is fine for me to work for 2 days per week as a dentist? Just to mention that dentists don't work as employee. They do contracts as a self employed or through their companies and get paid variably each month according to their work. So, i ll get paid through my company.

Thank you for your advice.

Regards,
The guidance document has a good set of questions you can ask about yourself and this job.
I suspect it will be in violation of your visa terms
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.

Zaktier1
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Re: Tier 1 entre employment

Post by Zaktier1 » Thu Nov 22, 2018 9:35 am

Zimba wrote:
Wed Nov 21, 2018 10:58 pm
No. From Tier 1E guide:
Genuine Entrepreneur Activity (contract of service with another business)
.
.
You may not be considered to be working for your own business if the work you undertake amounts to no more than employment by another business (for example, where your work amounts to no more than the filling of a position or vacancy with, or the hire of your labour to, that business, including where it is undertaken through engagement with a recruitment or employment agency). In this capacity you would have a contract of service. This applies even if it is claimed that such work is undertaken on a self-employed basis.
The idea that you can work in capacity of an employee but under the banner of a limited company or self employment is against the Tier 1E rules. However if you start your own practice, then you should be fine
Dear Zimba
Thank you for your reply.... Is this is the case even if i have another business activities that bring more money than working as a dentist? I mean my other business is more active and bring more money, so the earning for the dental work will be less than 50% of the total turn over of the business.
Thank you for your help.

Zaktier1
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Re: Tier 1 entre employment

Post by Zaktier1 » Thu Nov 22, 2018 9:37 am

marcnath wrote:
Wed Nov 21, 2018 11:01 pm
Zaktier1 wrote:
Wed Nov 21, 2018 9:41 pm
Dear All
I have a T1 entrepreneur visa, i ve registered 2 companies. One of them specialized in the field of dental training and research. Now i can work as a dentist in the UK (means i get registered in GDC). Do you think it is fine for me to work for 2 days per week as a dentist? Just to mention that dentists don't work as employee. They do contracts as a self employed or through their companies and get paid variably each month according to their work. So, i ll get paid through my company.

Thank you for your advice.

Regards,
The guidance document has a good set of questions you can ask about yourself and this job.
I suspect it will be in violation of your visa terms
Thank you for your reply marcnath. I ll refer to the set of the questions

Zaktier1
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Tier 1 entre job creation

Post by Zaktier1 » Thu Nov 22, 2018 10:00 am

Dear All
I appreciate your help if you could answer my questions regarding job creation;
I have now 2 companies and one employee in each company.
One of the employee is EU citizen and is studying in a university, i ve registered him 30 H per week
The other one is from the Middle East and on EU spouse visa.
Do both considered as settled workers?
Also, can i employee someone under Tier 4 dependent visa?

Thank you again for you help

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marcnath
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Re: Tier 1 entre job creation

Post by marcnath » Thu Nov 22, 2018 10:39 am

Please do not start new topics for each question.
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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CR001
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Re: Tier 1 entre job creation

Post by CR001 » Thu Nov 22, 2018 11:01 am

The other one is from the Middle East and on EU spouse visa.
Do both considered as settled workers?
Depends on what 'visa' exactly the person holds. Is it a spouse visa under the UK Immigration rules or a EEA Residence Card as a family member of an EU citizen under the EEA/EU rules?
Also, can i employee someone under Tier 4 dependent visa?
You can employ them if they have no restrictions on working but they won't count as a settled worker.
Char (CR001 not Casa)
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fou001
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Re: Tier 1 entre job creation

Post by fou001 » Thu Nov 22, 2018 11:04 am

Hi,

I think spouses of settled citizens are still under immigration control and they cannot be counted as settled workers for job creations.

Furthermore, Tier 4 student dependent cannot qualify for job creation as well.

I am not an expert in immigration matters, I am applying for visa end of this month hope this information will help you.

Zaktier1
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Joined: Mon Jan 30, 2017 3:03 pm

Re: Tier 1 entre job creation

Post by Zaktier1 » Thu Nov 22, 2018 12:00 pm

marcnath wrote:
Thu Nov 22, 2018 10:39 am
Please do not start new topics for each question.
Sorry. I thought i can't more questions in different subjects in the same thread

Zaktier1
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Re: Tier 1 entre job creation

Post by Zaktier1 » Thu Nov 22, 2018 12:08 pm

CR001 wrote:
Thu Nov 22, 2018 11:01 am
The other one is from the Middle East and on EU spouse visa.
Do both considered as settled workers?
Depends on what 'visa' exactly the person holds. Is it a spouse visa under the UK Immigration rules or a EEA Residence Card as a family member of an EU citizen under the EEA/EU rules?
Also, can i employee someone under Tier 4 dependent visa?
You can employ them if they have no restrictions on working but they won't count as a settled worker.
Thank you for your reply... I don't know how to differentiate between the two types but i think it is been issued in the UK and the type of permit written on the BRP is (FAMILY MEMBER - EU RESIDENCE), and at the bottom written (RESIDENCE CARD OF A FAMILY MEMBER OF A UNION CITIZEN), remark (EU RIGHT TO RESIDE). Thank you if you could confirm to me if he counts as settled or not.

Zaktier1
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Re: Tier 1 entre job creation

Post by Zaktier1 » Thu Nov 22, 2018 12:14 pm

fou001 wrote:
Thu Nov 22, 2018 11:04 am
Hi,

I think spouses of settled citizens are still under immigration control and they cannot be counted as settled workers for job creations.

Furthermore, Tier 4 student dependent cannot qualify for job creation as well.

I am not an expert in immigration matters, I am applying for visa end of this month hope this information will help you.
Thank you for your reply... It not very clear as in the JOB CREATION part in the guidance they stated the documents required in each type of employee, and they ve included the spouse as an option. Later, in the question section it is different.

Zaktier1
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Re: Tier 1 entre job creation

Post by Zaktier1 » Sun Nov 25, 2018 6:00 pm

Any reply please....

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