Can Tier 2 General Dependent open a Limited Company

[onlyfarhan]

Hi,

My wife is on a Tier 2 General Dependent visa and I wanted to confirm if she can open her own Limited Company. The visa expires next year in 1 Nov, 2014 and we will be again applying for renewal then.

Thank You in advance for the support.

[Lucapooka]

Yes, and being a director of a limited company is not relevant to having a residence immigration status or one that permits or restricts work. But obviously if the director is also employed by the entity, he or she must have the relevant work permissions. She has such permissions.

[jordan2311]

Hi,

I am in the same situation as well. I hold a Tier 2 visa that my company sponsor.

Can I setup a limited company? Does my visa allows me to do so?
I seek for an accountant and he said we can (I doubt his advice). He's not any expert in visa.

What my main concern is that if setting up a limited company and that does not allowed with tier 2 holder then what are the other options?

Will my current company finds out? Since they do P45 and taxation and NI for me.

Thanks in advance.

[Lucapooka]

Being a director of a limited company is not relevant to your immigration status but obviously you cannot be employed unless the employment falls within the limits of additional work for T2 Migrants. That being 20 hours an in the same capacity as your current situation.

[Jeeves]

The immigration rules define employment as:

"employment" unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.

http://www.ukba.homeoffice.gov.uk/polic ... roduction/

I don't know what view the Home Office would take but if they decide that becoming a director falls into 'engaging in business or any professional activity' then a Tier 2 migrant may be regarded as breaching the conditions of their visa.

[jordan2311]

Being a director of a limited company is not relevant to your immigration status but obviously you cannot be employed unless the employment falls within the limits of additional work for T2 Migrants. That being 20 hours an in the same capacity as your current situation.

Hi Lucapooka,
Thanks for the information. So the conclusion is that If I am being employed under T2 visa, I cannot run a business side by side. Did you mean that?

I am with T2 General.

[jordan2311]

The immigration rules define employment as:

"employment" unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.

http://www.ukba.homeoffice.gov.uk/polic ... roduction/

I don't know what view the Home Office would take but if they decide that becoming a director falls into 'engaging in business or any professional activity' then a Tier 2 migrant may be regarded as breaching the conditions of their visa.

So I that case to play it safe, (without losing my employment T2 General) I am not allowed to run any kind of internet business / ebay etc.

[Lucapooka]

Ebay would fall under self-emploment (and is not at the same soc as your main job) which is not permitted in your case . It would be permitted in the case of the dependant who began this thread

[jordan2311]

Thank you so much for your quick respond.

Does that mean with T2 General visa, I am not allowed to even to trade shares marketing in my own time?

Say, that's going to make money. How am I going to declare the tax without opening a 'sole trader' or 'limited company'?

That's tricky

[Lucapooka]

It seems that you are continuing to confuse employment/self-employment with income. Suggest you seek professional advice to cleaf away your doubts.

[jordan2311]

Hi, thank you for your reply

Just wondering if you have any recommendation of visa expert that I can seek for ?

[Lucapooka]

Your issue is with understanding what is the difference between having an income from employment and having an income stream from non-employment. You need to talk to your accountant rather than an immigration expert.

[jordan2311]

Ok.
Accountant recommends me to open a Limited company. On the other hand My Tier2 General do not allows me to open a Limited company.

If I do generate money from the internet, what am I suppose to do? Stop them all?

With T2 General it seems to be like I must ONLY work or working additional 20 hours on the same field.. Which is not in my case.

[baber2013]

Hi
I opened a limited company under tier 2 general was not aware that this was not allowed now have closed down operations and have informed home office. I am a doctor and was doing extra related work through the company. My wife is a tier 2 dependent if she sets up a limited company would I be able to show that I am working for that company for tax purposes. My accountant is not clear on the visa restrictions if anyone has any experience or insight in this matter it would be much appreciated.

[manci]

http://www.immigrationboards.com/viewto ... highlight=