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