spouse WP - owning business

9588 · Post by **9588** » Mon Sep 01, 2008 9:05 am

Hello Brothers+sisters
can a WP holder own a private business in the uk? please advice

thank you

karupalli · Post by **karupalli** » Mon Sep 01, 2008 10:23 am

9588 · Post by **9588** » Mon Sep 01, 2008 9:33 pm

karupalli
thank you for your reply,
but do you know if there is

any rule that say no?

owning a private business = investment
i am sure a lot of people have investment of some kind?

Post by **PaperPusher** » Mon Sep 01, 2008 9:41 pm

A work permit holder cannot be self employed or set up a business.

See the relevant guidance notes at business and commercial guidance

149. The work permit holder is not allowed to enter self-employment, set-up a business or join another business as a director or partner without obtaining further permission from us. If a work permit holder wishes to be self-employed or set up a business they will need to apply to us for leave to remain for this purpose. For further information please contact us on 0870 606 7766.

vin123 · Post by **vin123** » Tue Sep 02, 2008 1:15 pm

Depends on what exactly you mean by WP holder "owning a business".

Technically speaking, a WP holder may register, or 'own' a business - but not 'work' under the immigration rules.

Or in other words, as far as I understand, there is nothing written within the jurisdictions of companieshouse to stop a UK WP holder becoming a director/non-executive director of a company and holding its shares/equity.It is perfectly legal, but he may not work( for the company registered or any company for that matter without permission to work from the home office based on his/her immigration status.

Mr Rusty · Post by **Mr Rusty** » Tue Sep 02, 2008 5:45 pm

vin123 wrote:Depends on what exactly you mean by WP holder "owning a business".

Technically speaking, a WP holder may register, or 'own' a business - but not 'work' under the immigration rules.

Or in other words, as far as I understand, there is nothing written within the jurisdictions of companieshouse to stop a UK WP holder becoming a director/non-executive director of a company and holding its shares/equity.It is perfectly legal, but he may not work( for the company registered or any company for that matter without permission to work from the home office based on his/her immigration status.

Companies House may not bar WP holders from directorships, but the Immigration Rules, as quoted by Paperpusher, do:-
"The work permit holder is not allowed to........ join another business as a director or partner without obtaining further permission from us" Nothing to do with what work he undertakes as a director, he can't be one without permission. I suppose there's nothing to stop him buying shares in a business, he just can't be on the board or undertake any activity for the company.

9588 · Post by **9588** » Wed Sep 03, 2008 3:53 pm

Hi Members
again thanks for your replies

it seems a difficult one.
ok, i try to bring this matter to a case and hopefully someone can give me a better idea
- if a WP holder buys (or leases) a shop, but he is not involved in running it. so in fact, the WP holder basically is just an investor only.

does it still cause any complications??
please advice

vin123 · Post by **vin123** » Thu Sep 04, 2008 1:27 pm

'Ownership' by all its legal terms is quite complex to define - especially in this case.

Its perfectly legal for anyone to register, establish, own and run business in the UK without even entering UK and remaining completely outside immigration status.

Also, there is nothing written about UK work permit cannot be issued to a person holding or owning a UK business entity.

Your case is easy to understand as you have a current permit and you need permission to act outside its boundary and rules.

9588 · Post by **9588** » Sun Sep 07, 2008 7:52 pm

you got the picture.
that means a WP holder can own a business..............

i am sure people like

those rich foreign footballers own lots of business too

Post by **PaperPusher** » Sun Sep 07, 2008 9:41 pm

No it does not necessarliy mean that a work permit holder can own a business.

Won't you be setting your self up in business if you lease a shop that someone else runs?

I think you are just hearing what you want to hear.

9588 · Post by **9588** » Wed Sep 10, 2008 11:58 am

so please advice is there rule that restricts WP owning business??

Post by **Casa** » Wed Sep 10, 2008 1:06 pm

It's been explained to you in previous posts, but I think you're just waiting until you get the answer you're hoping to hear. Seek permission from the HO and wait for their response.

PaulM · Post by **PaulM** » Wed Sep 10, 2008 8:29 pm

so on a UK Ancestral visa, which is a form of work permit, I cannot be self employed?

9588 · Post by **9588** » Fri Oct 03, 2008 11:43 am

OK, guys
if there is contradiction for WP holder to own a business.
then how about for the spouse of WP holder? is she/he allowed to own or run a business with no restrictions?
please advice

Post by **PaperPusher** » Sat Oct 04, 2008 5:20 pm

If the spouse has a visa as a dependant of a work permit holder - then they can set up a business. Check the stamp or sticker.

Why have you used the eye rolling emoticon?

9588 · Post by **9588** » Sun Oct 05, 2008 6:13 pm

The Stamp says "Visa Work Permit Holder Dependant" also state - No Resourse to public funds

it that mean the spouse can run a business?

because feeling lost haha

Post by **John** » Sun Oct 05, 2008 6:30 pm

9588, the "No recourse to Public Funds" restriction is irrelevant in this discussion.

You have already been told that the dependent of a WP holder can own a business.

9588 · Post by **9588** » Mon Oct 06, 2008 9:43 am

Thanks everyone for your great response!!!!
best forum

Immigrationboards.com: Immigration, work visa and work permit discussion board

spouse WP - owning business

spouse WP - owning business