Reply to: Limited Company on a Working Holiday Visa

[Back In Business]

That is interesting - I wonder how the define "set yourself up in or run a business" if forming a limited isn't that. Have a look at the HO's reply before you do anything further.

Also I would avoid using middle-men (1st Contact et al) to handle you relations with the HO/IND. It is just as easy to do it yourself and you have more control over you own affairs (IMO).

[DimPrawn]

The home office interpretation is that operating as a Ltd Co is not engaging in business.

I think that is New Labour interpretation of all small companies in the UK.

Cocks.

[fooey]

Firstly, I have emailed Home Office but as it is the holiday break, I'm waiting to hear their official reply...

However, I have been in correspondence with 1st Contact :

"Forming a limited company which is trading for profit is still a "business"
in the common eyes of the law" is what I put forth to 1st Contact whom responded :

Immigration <visas@1stcontact.co.uk> hide details 6:07 pm (9 minutes ago)
to XXXXXXXXXXXXXX
date Dec 27, 2006 6:07 PM
subject 1st Contact Visas » Immigration - Response to your enquiry
Hi Jonathan,

Thanks for your email.

That may be your interpretation of the policy. The home office interpretation is that operating as a Ltd Co is not engaging in business.

Regards,

Sam Hopwood
Immigration Sales Consultant
1st Contact Immigration
Direct: 020 7759 5351
Ph: 0800 1st Contact (0800 039 3076/7)
Fax: 0845 880 1253
www.1stcontact.co.uk

Opening Hours : Monday to Thursday 9.00am to 6.00pm
Friday 9.00am to 5pm
1st Contact Visas are regulated and authorised to provide Immigration Services by the Office for the Immigration Services Commissioner. Registered No F2001-00004.

This is some interesting news, will post an update when Home Office responds back to me.

Jonathan

[Back In Business]

You are definitely not permitted to run a business on a WHV. It is one of the primary exclusions of this visa type. If you violate the requirements of this visa it is unlikely that you will be issued with another.

(from: ukvisas.gov.uk) You can take most types of work, including voluntary work, but you cannot set yourself up in or run a business, or work as a professional sportsperson. You can choose when to work and when to take your holiday breaks, but you must not work for more than a total of 12 months or you will be breaking the conditions of your stay.

HTH INAL etc

[Lowery]

My advice would be to apply for the HSMP Visa as soon as you can.

Potential clients/agencies will look much more favorably on the HSMP as it appears that you are much more serious about your trade, therefore will attract more lucrative contracts.

Even though you haven't worked for three months it doesn't necessarily mean that you haven't earned enough to gather the required points. Remember earning potential is only a part of the HSMP criteria.

Also do not go over board on trying to get 100's of points, just apply for the points you are certain of getting. You don't get special treatment for the more points you earn...just make the minimum. If there is any ambiguity in your application the Home Office will post it back then charge you for a re-submission.

And also just to clarify regardless on what visa we're on we'll always be scoring your chicks and drinking your beer.

[mcquiggd]

If you wanted clarification of the rules for your visa, why didn't you just phone HMRC...?

[fooey]

OK cool.

Maybe I didn't make myself clear, I wasn't asking how to dodge the rule, but for a clarification of the rule. I do not intend to break any laws, but to be honest, it is a little confusing what they mean.

Hence me coming on here and asking what other WH Visa people did with getting contract work.

Contract work is still temporary work to assist in me travelling so it isn't illegal or me trying to break the law.

[cojak]

Yep.

a Working Holiday Visa implies 'Temporary' habitation.

a Ltd company implies 'Permanent' habitation.

You can't have both ways....

HTH

[DaveB]

This board is full of hypocrites...

In one hand you all ask for how to get around the tax/etc laws here and then on the other hand you go why can't you follow our laws...

I thank those that actually provide the helpful information, it would be so much easier for all if you don't have anything constructive to say, then save your time and the time of others from reading useless posts.

I think you'll find that the tax questions are more a case of "am I ok to do this?" or "What is the best way to do this?" rather than "how can I cheat the system?". Certainly no-one here is advocating tax evasion.

There is no consensus here that we should all be trying to evade our legal obligations with regard to taxation, that doesn't mean we wont take all the legal routes to avoid paying excessive amount of tax where we can.

There is a fine line between avoidance and evasion, and if you want to work as a contractor in the UK you would do well to learn where it is. Trying to find ways of circumventing immigration law is not a good way to start doing it.

If you sign up with an umbrella or MSC now you have until April next year to make the most of the current system. After that, suck it up, pay your tax and NI as required and look at contracting as a flexible way to work while you travel, that doesn't tie you down to a particular employer or location for any great length of time. You are supposed to be on a working holiday after all.

[threaded]

The Matrix is a system, Neo. That system is our enemy. But when you're inside, you look around, what do you see? Businessmen, teachers, lawyers, carpenters. The very minds of the people we are trying to save. But until we do, these people are still a part of that system and that makes them our enemy. You have to understand, most of these people are not ready to be unplugged. And many of them are so inert, so hopelessly dependent on the system, that they will fight to protect it.

[fooey]

This board is full of hypocrites...

In one hand you all ask for how to get around the tax/etc laws here and then on the other hand you go why can't you follow our laws...

I thank those that actually provide the helpful information, it would be so much easier for all if you don't have anything constructive to say, then save your time and the time of others from reading useless posts.

[fooey]

Thanks Lowery for the helpful reply.

I was initially going to apply for the HSMP back in AU, but figured it was less risk and potentially cheaper by applying for it over here once I've tested the waters and choose to stay longer.

I did intend on travelling the UK and getting temporary work to pay for it so I did get the WH Visa for its intended purpose.

From my simple calculations I was eligible (prior to the rule changes and also subsequent to the changes) so it shouldn't be a problem getting it here.

I intend on converting but now the rule changes take the last 12mths pay - and I've been off work for 3+ mths due to travelling etc so I'll have to wait till I've clocked in a bit of time working on the WH.

Thanks, will make some queries after these few days of xmas closure to see my options.

[Troll]

Why is it so difficult for visitors to obey our laws and customs?

[tim123]

What niggles me is the "do not intend to set yourself up in or run a business" restriction on the Working Holiday Visa.

Why does it niggle you. If the restriction wasn't there you probably wouldn't have got the Vias and you still be in Oz.

HMG do not expect Visa applicants to take the sort of job that you have been offered and if you TTP they will stop issuing the Visas, not change the rules to make it easier for you.

tim

[Captain Jack]

I dunno, they come over here, take our jobs, drink our beer, leer at our women. Bastards.