Q&As

Can a Tier 2 (General) migrant set up a business in the UK as long as they are not the controlling shareholder, and the work falls in line with the supplementary employment criteria?

read titleRead full title
Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 24/06/2020

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Can a Tier 2 (General) migrant set up a business in the UK as long as they are not the controlling shareholder, and the work falls in line with the supplementary employment criteria?

A Tier 2 (General) migrant can undertake supplementary employment provided it complies with the requirements outlined in the Tier 2 Policy Guidance (the Guidance), which mirror the conditions of leave found at Immigration Rules, Part 6A, paras 245HC(d) and 245HE(d), as supplemented by the definition in Immigration Rules, Introduction, para 6 ‘supplementary employment’. Setting up a company in itself is not stated in the Rules/guidance to be incompatible with these requirements, and as such, this form of supplementary employment (providing the other requirements are met) should not contravene the conditions of a Tier 2 visa. This is in contrast to Tier 4 visas, for example, which strictly prohibit starting a business or engaging in self-employment.

Note also that the definition of ‘employment’ in the Immigration Rules, Introduction, para 6 is: ‘unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of stu

Related documents:

Popular documents