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Can I contract on a Tier 1 Entrepreneur VISA via my own LTD?

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    Can I contract on a Tier 1 Entrepreneur VISA via my own LTD?

    Hello All,

    To introduce myself, I am an Aussie girl currently on holidays here in sunny England.

    I'm returning home shortly but once there I plan to apply for a Visa to stay here and work.

    I have at least two visa options (perhaps a 3rd) however my first preference is the Tier 1 Entrepreneur Visa (it affords me a longer duration of stay).

    I appreciate that such a Visa suggests that one should create (one or more) vibrant business/es within the UK, however it would be advantageous for me if I could - at the same time - pick up part time work as an IT consultant. I am currently a Test Manager, with 8 years contracting experience, and I specialise in establishing greenfields testing capability - frameworks, methods and tools (etc). Plus more standard, out of the box, project testing.

    My question is simply this - as a T1 Entrepreneur - am I entitled to work for clients, if done through the auspices of my own Ltd Company (and more than likely with an agency intermediary)?

    I have noted one post on this forum which seems to suggest that one can undertake such work - Can I form a Limited Company on a Tier 1 Entrepreneur visa? :: Contractor UK

    However there is devil in the detail - for reading this post - Your limited company: its structure and status :: Contractor UK

    the latter post seems to suggest that when working on behalf of a Ltd company, despite the fact that the individual may have created it, and be directing it...they are regarded as being employed by the Ltd entity, rather than 'self employed'.

    Given the conditions stated by UK.GOV for a Tier 1 Entrepreneur Visa - which include;

    You can:
    set up or take over the running of one business or more
    work for your business, including being self-employed, but you should check your work meets the conditions of being self-employed
    You can’t:
    do any work outside your business, eg work where you’re employed by another business

    What I am curious to know is whether establishing a Ltd Company, and then providing contracted work for services via this company (where the company engages the intermediary on behalf of the client, with myself as the nominated contractor) - would be deemed to be working for my business ('you can') or would be deemed to be employed by another business (if a Ltd company is not self-employed).

    I think it is all clear, and no issue exists here - but I would like to know if anyone has any direct experience either in using this Visa, or knowing those who have, with regards to performing such contract based work.

    PS - My 'business' is not really related to IT, it is supporting AMazon businesses in the US, and hopefully soon in the UK.

    Cheers,

    Me

    #2
    I don't think that article is very good at all. It's far too short and misses a lot of important detail. Yes you CAN set up a limited as Tier 1 E, you have to to meet the criteria of being an Entrepreneur with a company but as a contractor you do not meet the requirements around taking on staff and other stuff. You could argue that you might as you expand but if HMRC are introducing draconian measures against us to put us in IR35 by default so in their eyes all contractors are disguised employees which blows your argument out of the water.

    The contracts we have are also key. There is a big difference between a contract OF service and a contract FOR service. I don't profess to know enough about this to make comment but this article explains it.

    1st 4Immigration Blog: Adviser's Diary, Immigration News, Training for advisers and solicitors: No more contract work for Tier 1 Entrepreneur visa holders.

    Also more advice here.

    https://www.facebook.com/permalink.p...74660232566844

    So I'd say no you can't.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Can I contract on a Tier 1 Entrepreneur VISA via my own LTD?

      No you can't basically, plus you have to employ three local staff...

      Plus you need £200k.......

      Comment


        #4
        Originally posted by stek View Post
        No you can't basically, plus you have to employ three local staff...

        Plus you need £200k.......
        WHS

        Comment

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