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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 671
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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There, If I am on Tier 2 General visa, would there be

Customer Question

Hi there,
If I am on Tier 2 General visa, would there be any effect for creating a private limited company which will run a restaurant ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
Under a Tier 2 (General) visa, you cannot create a private limited company unfortunately.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hi Frantz,Can I be a shareholder of the company. I am looking to create a company that will hold a cafe with my partner. So would that be an option for that ?If I am on Tier 2 General Visa can I be an owner of another business without actually working on the business, essentially I am looking to keep my job with the company and own a cafe with my partner. Can you please provide me with a detailed answer on effects of that and what is the best solution to achieve what I want
Expert:  frantzgregory replied 1 year ago.
Hello
The Immigration Rules on a Tier 2 visa are very clear. You cannot take up self employment or own another business whilst on a Tier 2 (General) visa. The effect of doing so would breach the conditions of your Tier 2 visa.
If this is what you want to do you would need to consider making an application under one of the Tier 1 options.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Ok sure, and If apply for a Tier 1 visa how would that effect the count of the days towards my ILR. Will I start counting from 0 or can I just continue the days that I have been in the UK for ?
Expert:  frantzgregory replied 1 year ago.
Hello
I am happy to address follow on questions within reason once the initial question has been rated.
frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you provide me with an answer now ?
Expert:  frantzgregory replied 1 year ago.
Hello
Time spent in the UK under Tier 1 can generally be aggregated with the time spent under Tier 2 for the purposes of settlement.
I hope this answers your further question.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Ok sure, so if I have been here for 1 year on my tier 2 and theh I move to tier 1 for next 4 years I can still get the indefinite leave to remain on that end of 5 years staring from first data of Tier 2 , right ?
Expert:  frantzgregory replied 1 year ago.
Hello
Applicant's who arrived in the UK on or after 6 April 2011 will only be able to apply for settlement after 5 years if they are earning a minimum sum on the date of application. The Immigration Rules change very regularly so it is difficult to speculate whether you will be eligible in 5 years time. My answer is based on a general situation as is now.
I hope this helps. The difficulty here is we cannot not give advice of specific situation for obvious reasons if you are seeking specific advice on your situation, you ought to seek independent legal advice.