Reply to: Moving business out of the country

[squarepeg]

I hope you reported "the lad from Kent" for racist comments

I did have a chat with HR. The guy's been a prick to others as well, Brits and non-Brits, so I don't think he'll make it beyond his performance review. Anyway, I am moving on to another client so it's no longer my problem.

[fidot]

I hope you reported "the lad from Kent" for racist comments

[BlasterBates]

I cannot get it for another year, but will be applying for it just to make sure my clients don't see me as a potential liability.

You are right, I should've worded my question better. What I had in mind was a scenario where I contract in the UK through a company registered outside of UK so I don't have to close the company if I have to leave. Having read this thread again don't I think it is a good idea. I will stick with my UK Ltd for as long as it makes financial sense.

Thanks!

As long as you actually working in the UK then you must work through a company that has a branch registered in the UK. What you suggest isn't and won't be legal.

Currently under EU law you can operate through a company registered in another EU country but you also need to register the company in the UK and you need to run a branch that is subject to UK law, i.e. there is no advantage and you may as well set up a UK Ltd. All you'll do is run up much higher accountancy fees.

If you work for a client remotely then you can simply set up a company in the country you work in and then there is no need to register anything in the UK.

[Elliegirl]

It might look like paranoia, but I have never been asked "when are you going back to your OWN country" before, but then the Conservative party conference happened and a lad from Kent felt obliged to pop that question in front of the whole team. I spend over 8 years in the UK in my lifetime, the last 4 as a full-time resident. I am a software developer and systems engineer and I certainly don't go for low rates. But if things go the way they are going, I may have to work with my UK clients from abroad. And a company incorporated outside of UK might be a solution to this problem.

I wouldn't worry about that too much. I was born here and I still get asked that question!

[squarepeg]

You don't need the PR document for anything else than the full citizenship application. You are gaining the PR rights automatically and the paper bit is optional. By all means go for it, if that helps with the paranoia and insecurity.

Going back to your original question - Whatever the result of the "hard" brexit is, a scenario where you will be allowed to work with Ireland, HK, Swizz, etc. company in the UK, but not allowed to do so with an England&Wales company is highly unlikely to say the least.

I cannot get it for another year, but will be applying for it just to make sure my clients don't see me as a potential liability.

You are right, I should've worded my question better. What I had in mind was a scenario where I contract in the UK through a company registered outside of UK so I don't have to close the company if I have to leave. Having read this thread again don't I think it is a good idea. I will stick with my UK Ltd for as long as it makes financial sense.

Thanks!

[sal]

You can get work with a Scottish or Northern Irish limited.

Remains to be seen if they stay in the UK or not

In any case in only about half of the contracts i have been asked to England&Wales co. specifically, the rests just asked for UK one, so I guess you are right.

[SueEllen]

If you are planning to keep working in the UK, why not keep doing it with your existing UKco? If you are getting ready for a hypothetical situation where you will have the right to work in the UK but not the right to own/be a director of a UKco, why not incorporate in your home country, presumably you already have some knowledge of it's corporate legislation?

In any case even now it's next to impossible to get a contract in UK using non England&Wales ltd. going forward it will only go worse.

You can get work with a Scottish or Northern Irish limited.

[sal]

You don't need the PR document for anything else than the full citizenship application. You are gaining the PR rights automatically and the paper bit is optional. By all means go for it, if that helps with the paranoia and insecurity.

Going back to your original question - Whatever the result of the "hard" brexit is, a scenario where you will be allowed to work with Ireland, HK, Swizz, etc. company in the UK, but not allowed to do so with an England&Wales company is highly unlikely to say the least.

[Lance]

Nobody knows and nothing is certain, .

That affects all of us not just Jonny Foreigner

[SueEllen]

It might look like paranoia, but I have never been asked "when are you going back to your OWN country" before, but then the Conservative party conference happened and a lad from Kent felt obliged to pop that question in front of the whole team. I spend over 8 years in the UK in my lifetime, the last 4 as a full-time resident. I am a software developer and systems engineer and I certainly don't go for low rates. But if things go the way they are going, I may have to work with my UK clients from abroad. And a company incorporated outside of UK might be a solution to this problem.

You should have mentioned it to someone higher up so they could send a standard email around saying hostilely to others after the vote is not acceptable.

[squarepeg]

It is quite clearly stated here:
https://www.gov.uk/eea-registration-...nent-residence

For EEA citizens PR itself is automatic after 5 years, the procedure with form and sending a passport is to get certifying document, which is optional. In fact, you already are permanent resident and Brexit will not affect your immigration status, because you right to stay is derived from your PR not from EEA passport.

With regards to the concern, employers have loads of paperwork to do to accommodate all requirements for their employees anyway - pensions, insurances, taxes, health care plans. Do you really think that presenting one more form with all foreigners in will make any difference for a company?

Thanks. That's the info I was looking at previously. I will most most likely need that document.

Re lists, I don't know. Nobody knows and nothing is certain, that's why I'm considering my options.

[eek]

Then that lad from Kent is going to be somewhat disappointed. My previous post still stands.

As an aside, I'd also be disappointed that your client (in the form of the Team Leader) didn't protect you from such pettiness. I think that businesses will have to stand up for their EU workers or see the business suffer as a result.

+1. I would have ensured someone had created an email version of his comment and sent it to him for comment. Then waited for the response and forwarded it to management asking why I should remain in a toxic racist work environment.
If someone did it where I was (and they have years ago) that was my response.

[Lance]

It might look like paranoia, but I have never been asked "when are you going back to your OWN country" before, but then the Conservative party conference happened and a lad from Kent felt obliged to pop that question in front of the whole team. I spend over 8 years in the UK in my lifetime, the last 4 as a full-time resident. I am a software developer and systems engineer and I certainly don't go for low rates. But if things go the way they are going, I may have to work with my UK clients from abroad. And a company incorporated outside of UK might be a solution to this problem.

That's a bit cr*p. I feel for you with this sort of tulip.

But I'd definitely hang on. And I'd also be kicking up a right stink about the Kent guy. There are laws against that sort of thing and I'd be making the client feel some heat over it.

[Sub]

That is certainly the best possible outcome, but I will still be required to fill out a very length form, send my passport to Home Office, and wait for up to 6 months for the decision. It's not automatic. At least that's what I've been told and what I was able to understand from the immigration section of the gov web site.

What I am concerned about is the fact that as a PR, but still a foreigner I may not be offered work, because of my nationality after Brexit, because smaller companies will want to avoid the hassle of having to submit lists of foreign workers to Home Office.

It is quite clearly stated here:
https://www.gov.uk/eea-registration-...nent-residence

For EEA citizens PR itself is automatic after 5 years, the procedure with form and sending a passport is to get certifying document, which is optional. In fact, you already are permanent resident and Brexit will not affect your immigration status, because you right to stay is derived from your PR not from EEA passport.

With regards to the concern, employers have loads of paperwork to do to accommodate all requirements for their employees anyway - pensions, insurances, taxes, health care plans. Do you really think that presenting one more form with all foreigners in will make any difference for a company?

[cojak]

It might look like a paranoia, but I have never been asked "when are you going back to your OWN country" before, but then the Conservative party conference happened and a lad from Kent felt obliged to pop that question in front of the whole team. I spend over 8 years in the UK in my lifetime, the last 4 as a full-time resident. I am a software developer and systems engineer and I certainly don't go for low rates. But if things go the way they are going, I may have to work with my UK clients from abroad. And a company incorporated outside of UK might be a solution to this problem.

Then that lad from Kent is going to be somewhat disappointed. My previous post still stands.

As an aside, I'd also be disappointed that your client (in the form of the Team Leader) didn't protect you from such pettiness. I think that businesses will have to stand up for their EU workers or see the business suffer as a result.