What are my options..

VMAN · Post by **VMAN** » Thu Feb 21, 2013 3:04 pm

Hi all..

I'm new to this site, and discovered it as i am looking for advice.

Basically, I'm an Indian national and came to the UK to study at university. Having graduated I acquired a post study work visa and have been working for a company with this since graduating however this is due to expire in October this year.

I have been given a job offer at another company that I am extremely keen to work for however their policy is not to issue a certificate of sponsorship to employees at my level. (They only issue this to seniors / high positions).

Do I have any other options for visas or is my only hope to get a company to sponsor me?
What are my options if this doesn't happen and i have to return to India?

Thank you for your help.

Post by **Lucapooka** » Thu Feb 21, 2013 3:26 pm

You can start or join a business and apply for Tier 1 (Ent).

VMAN · Post by **VMAN** » Thu Feb 21, 2013 3:28 pm

Can i start a business just for the sake of obtaining a visa?

Post by **Lucapooka** » Thu Feb 21, 2013 3:32 pm

Thousands have done so already. But then there are the other requirements for investment and employment. You need to read the policy guidance to see if this category suits you.

VMAN · Post by **VMAN** » Thu Feb 21, 2013 3:36 pm

Yea i have had a brief look through the guidelines..

I could obtain the funds, but could i then register a company, obtain the visa and then accept the job offer i have been given? Would it not mater that the company i registered did not trade etc...

I will have a look through the guidelines properly now..

Post by **Lucapooka** » Thu Feb 21, 2013 3:39 pm

You can only work for your own business under this immigration category. You can't work for anyone else. You can contract your services to other companies but your business would invoice the client rather than they pay you as an employee.

VMAN · Post by **VMAN** » Thu Feb 21, 2013 3:44 pm

Ah ok..

Basically like a contractor.. Ok. I'll look into it. I'm not sure weather the employer would be happy with this though..

Thanks for the help..

Post by **Lucapooka** » Thu Feb 21, 2013 3:49 pm

Not only unhappy; under UK tax rules, they may not actually be permitted to have a person in a what amounts to a full-time master and servant working relationship where that person is not actually employed.

VMAN · Post by **VMAN** » Thu Feb 21, 2013 3:57 pm

I take it this is my only option then? There isn't much else i can do?

I have a partner in this country too who i have been with for almost 4 years now, however we haven't been living together. Is there no way I can use this to help?

Post by **Lucapooka** » Thu Feb 21, 2013 4:00 pm

What is the immigration status of your partner?

VMAN · Post by **VMAN** » Thu Feb 21, 2013 4:03 pm

She is a british citizen.. But like I say, we have not lived together and therefore do not have bills in both names etc..

Post by **Lucapooka** » Thu Feb 21, 2013 4:06 pm

So you would have to marry her and switch (subject to the financial tests).

VMAN · Post by **VMAN** » Thu Feb 21, 2013 4:16 pm

Marriage is not really an option in such a short time frame. Also i would rather not be rushed into marriage or get married just for the sake of visa.

Is there no way of proving that we have been living together even if no bills / tenancy agreement have my name on it.
We pretty much have been living together for the past few years but all the bills have been in her name.

Post by **Lucapooka** » Thu Feb 21, 2013 4:33 pm

VMAN wrote: we have not lived together

VMAN wrote:we have pretty much been living together

You seem confused!

VMAN · Post by **VMAN** » Thu Feb 21, 2013 4:39 pm

Sorry, what i meant was is there no way we can make it look as though we have been living together..

We both have our own places in the same city, but I practically live at hers, as i am there 99% of the time and hardly ever spend time at my own place (a flat share with others)..

Post by **Lucapooka** » Thu Feb 21, 2013 4:43 pm

It's not about making it look like something; it's about what has actually happened. Living together in an interpersonal relationship akin to marriage is not the same as steady dating (and staying over for periods but maintaining separate households and lives). You won't qualify for unmarried partnership unless you have an ironclad papertrail of shared assets and instruments linked to one united household. Although you are welcome to try!

VMAN · Post by **VMAN** » Thu Feb 21, 2013 4:53 pm

Ok.. So basically there is only two options.

I start a business or obtain a sponsorship..

Thanks for the help..

Highly_Skilled · Post by **Highly_Skilled** » Thu Feb 21, 2013 8:33 pm

VMAN wrote:Can i start a business just for the sake of obtaining a visa?

No!!

Checks conducted by the UKBA could confirm that you are not operating a business after the grant of your visa and this could lead you to having your visa curtailed.

This is not recommended for the sake of obtaining a visa. I suggest you look for a company that is willing to sponsor you.

Post by **Lucapooka** » Thu Feb 21, 2013 9:10 pm

Where does he mention he would not be operating the business?

Highly_Skilled · Post by **Highly_Skilled** » Thu Feb 21, 2013 9:21 pm

Lucapooka wrote:Where does he mention he would not be operating the business?

Well presumably as he has asked the question about setting up a business solely for the purpose of obtaining a visa and continuing in employment with the company that are unwilling to sponsor him, then it is apparent that no actual business would exist after his Entrepreneur visa is granted.

Also given the fact that on the visa itself it clearly states - no other employment other than the business concerned (something along those lines anyway). Then it would still be against the scheme.

Post by **ban.s** » Thu Feb 21, 2013 10:01 pm

also check recent changes to the Tier 1 entrepreneur route

Post by **Lucapooka** » Thu Feb 21, 2013 10:08 pm

Highly_Skilled wrote:
Lucapooka wrote:Where does he mention he would not be operating the business?
Well presumably as he has asked the question about setting up a business solely for the purpose of obtaining a visa and continuing in employment with the company that are unwilling to sponsor him, then it is apparent that no actual business would exist after his Entrepreneur visa is granted.

That is, indeed a presumption! The OP is not giving off indications that he is an idiot and my presumption would be that if he set up a business to get a visa he would have to operate that business rather than leave it dormant. He's even asking question as to the operating strategy.

dpr1979 · Post by **dpr1979** » Wed May 15, 2013 5:34 am

Hi Guys,
Thank you all for your postings with such invaluable information from time to time.

I am planning to apply for entrepreneur visa soon. i have hit a big hiccup in the third party funding.

A quick briefing:

1) Need to apply tier with brother as a team.

2) I have a UK bank account but presently in India since visa got expired.

3) Plan to show funds:

a) GBP 1,13,000 in a joint account in India's bank with brother.

b) GBP 47,000 in UK bank account in my individual name.

c) GBP 40,000 in a bank account with sister in USA as a third party funding.

My question is:

1) Will the UKBA except the funding in my own account alone or my brother should be a joint account holder in it?

2) The template that UKBA has given for third party funding specifically mentions to put the applicants names in the letter, which the US bank denies that it can never do such a thing as they dont care what my sister does with her money and whom she wants to give it to. In short they do not entertain UKBA's format.

It would be a great help if some1 can guide as to what format of letter shall i use that could be excepted.

Can they except a bank letter that my sister has so and so amount and a supporting declaration from my sister?

Please guys if you can help me out on this one.

Many thanks
In advance

D

I would take this opportunity to thank each and every1 who have posted on this forum and provided with such valuable insight.

Tier 2 Sponsor · Post by **Tier 2 Sponsor** » Thu May 16, 2013 9:37 am

Highly_Skilled wrote:
Lucapooka wrote:Where does he mention he would not be operating the business?
Well presumably as he has asked the question about setting up a business solely for the purpose of obtaining a visa and continuing in employment with the company that are unwilling to sponsor him, then it is apparent that no actual business would exist after his Entrepreneur visa is granted.

Also given the fact that on the visa itself it clearly states - no other employment other than the business concerned (something along those lines anyway). Then it would still be against the scheme.

Please get in touch with Tier 2 Visas. We can potentially get your visa sponsored. Contact us at tier2visas@gmail.com or visit us at contractingontier2visa.co.uk

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What are my options..

What are my options..