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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I have read your posts above and these have been very

Resolved Question:

Hello,
I have read your posts above and these have been very useful. I am on teir 2 General visa and I am working 20 hours a week outside my NHS employment. I have opened a limited company with me being the director. Is this legally allowed?
I will be very grateful for your response
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Are you working for your company or through an agency?
Kind regards
Customer: replied 2 years ago.
Thank you for your reply.
I am working in NHS as full time, being sponsored by my trust. I have started a limited company in my name to do some extra shifts. (Not more than 20 hours a week obviously).
I have come to know from a friend that this is not legal? And I wanted your opinion on that. Furthermore, I am working for an agency via my limited company. I am the director of the company of that makes sense.
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
In respect of you having a limited company, this is not legal IF you are undertaking a full-time job running the business and working with your current sponsor then this is not allowed, the guidance stated that:
You do not need to inform the home office of any supplementary employment, as long as it is:
in either a job which is included on the Shortage Occupation List in or a job in the same profession and at the same professional level as
the work for which your Certificate of Sponsorship was assigned; and
no more than 20 hours per week; and
outside of the normal working hours for which your Certificate of Sponsorship was assigned.
In addition, you must continue to work for your sponsor in the job recorded on your Certificate of Sponsorship.
There is nothing preventing you from working under the umbrella of your limited company provided it does not breach the 3 requirements stated above.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.
Thank you for reply.
In your email in the beginning you have mentioned that it's not legal to have your limited company and towards the end of the message I read and understood it as if I am doing the same job as the job I am doing with my sponsor, 29 hours a week and is outside my contractual obligated times it's ok to have a limited company.
Sir,
If it's allowed and legal to have a limited company in your name provided the conditions mentioned in your reply are met then it's fine as I am in that situation.
Contrary, if this is not allowed can you please guide me what should I do? Shall I close the company? Inform someone? And can I start the company in my wife's name with me being a share holder?
I will appreciate your help in this regard.
Thanks
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply
In your situation then it is allowed to have a limited company. If however, you still feel that this is causing your concern then yes I would recommend that you close your company, you may start the company in your wife's name and be a shareholder.
I hope this clarifies the matter.
Kind regards
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