Part 3 - Once and for all: what is a ‘contractor’? For those applying in Spouse/Partner and Tier 1 General categories

 
More and more clients say “I am working as a contractor for ….” Then usually follows a name of a major bank or an IT company. For example, “I am working as a contractor for Morgan Stanley”. It also often covers teachers and doctors who work as self-employed “through an agency”. These people are self-employed, not employees, even though they use words ‘work for’ and ‘employer’. In other words they are employees in all but name.

There is no legal form of ‘contractor’ as such. The legal form is still the same as for other self-employed people: Sole Trader, Partner, Limited Company owner. As professional immigration advisers we have to establish how exactly our client is working ‘as a contractor’’. For example, we have to see beyond the words ‘Do I need a letter from my employer’ because there is no employer. Or beyond the words ‘I am working for..’.

So, with contractors, we have to establish whether a client has a limited company or working as a Sole Trader/Partner. Then to count a client's income as for other self-employed people, as in our Part 2 posting earlier. For those in Spouse/Partner visa it would be per financial year; for those in Tier 1 General category it will be per 12 months within last 15 months.

For more advice or to make an application contact us info@1st4immigration.com or visit our website www.1st4immigration.com  

 

 

 


 

 

 

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