VISA STAMP TYPE

EAGLEEYE · Post by **EAGLEEYE** » Thu Sep 06, 2012 5:11 pm

Hi
I'm posting query on behalf of my friend.He is going to apply for tier 1 entrepreneur visa but he has heard that visa stamp says work not allowed.
Any idea what the visa stamp says regarding work.
Thanks

Post by **Lucapooka** » Thu Sep 06, 2012 5:20 pm

The endorsement says 1+ownbus, which indentifies the bearer as someone who is limited to working in their own business. There is no right to work (employment or self-employment) in any other capacity.

From the guidance:

Conditions of stay
32. Permission to stay under this route will be subject to the following conditions:
[...]
c) no employment other than working for the business or businesses that you have established, joined or taken over;

EAGLEEYE · Post by **EAGLEEYE** » Fri Sep 07, 2012 8:10 am

Lucapooka wrote:The endorsement says 1+ownbus, which indentifies the bearer as someone who is limited to working in their own business. There is no right to work (employment or self-employment) in any other capacity.

From the guidance:

Conditions of stay
32. Permission to stay under this route will be subject to the following conditions:
[...]
c) no employment other than working for the business or businesses that you have established, joined or taken over;

hi
Thanks for reply.
This means that person cannot even work for someone under his own limited company.
If he open a limited company and he starts working for my business and i pay his limited company or contract his company to provide services to my business.

Post by **Lucapooka** » Fri Sep 07, 2012 9:36 am

If you contract a company for its services and this is rendered in the form of an individual doing an act of work, the individual is not being employed by you; his employer is the company that is providing the service.

Imagine you contract a building firm to repair your house and they send over a bricklayer and a plasterer. The company then sends you a bill for the work. Those individuals were not employed by you; they work for the builder.

EAGLEEYE · Post by **EAGLEEYE** » Fri Sep 07, 2012 9:56 am

Lucapooka wrote:If you contract a company for its services and this is rendered in the form of an individual doing a act of work, the individual is not being employed by you; his employer is the company that are providing the service.

Imagine you contract a building firm to repair your house and they send over a bricklayer and a plasterer. The company then sends you a bill for the work. Those individuals were not employed by you; they work for the builder.

thanks again.
This means that person can open a one man company and work himself at other places as long as his company gets the money.For example shop manager managing the whole shop but the shop is paying his company instead of paying that person directly.

Post by **Lucapooka** » Fri Sep 07, 2012 10:24 am

No, and for various reasons. HMRC would not accept that a shop could have as its manager an individual who is in anything other than a master & servant relationship with the entity and is not, therefore, something a contractor can perform. Furthermore, even if it were credible to operate a business where your skill in retail management could be contracted by retail entities, if this enterprise is with regard to PSW, the nature of the business would have to be at graduate level NQF 4, and a retail shop manager (if under 1163) is only level 3.

EAGLEEYE · Post by **EAGLEEYE** » Sat Sep 08, 2012 4:15 pm

As his lawyer suggested him to be the director of the company (Which is I think good NQF level and will be his job title). Then his company will provide the service to the other company on basis of yearly contract. He got few contacts where he is sending people to work so he might carry on doing same but sometime he goes by himself too if he cant arrange anyone.
but then company will invoice to the the other company.
is this appropriate?

Thanks for help guys... really appreciate
Regards

Post by **Lucapooka** » Sat Sep 08, 2012 4:35 pm

He can call himself director, vice-president or whatever he wishes; any appellation that carries a level 4 or above code, but the actual nature of the business or service he provides is a shop manager and that is level 3 and not sufficient for TIer 1 (Ent). And that's ignoring the fact that no shop will be permitted by the HMRC to sub-contract its day to day manager. That person would be viewed a being employed (he can't claim autonomous control over his work pattern) and the HMRC would want to see a PAYE structure in place. But you seem keen to proceed, and you are not even the subject of the discussion, so good luck advising your friend!

Post by **Greenie** » Sat Sep 08, 2012 6:10 pm

Agree with Lucapooka and in addition-in the business structure that you
mention, how exactly is your friend going to invest his 50/200k?

Celina · Post by **Celina** » Sat Sep 08, 2012 11:04 pm

Is dependant allowed to work under entrepreneur visa ? if yes is it full time or some limited hours ?

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VISA STAMP TYPE

VISA STAMP TYPE