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Topic: Visa for working as a consultant?  (Read 1391 times)

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Visa for working as a consultant?
« on: April 06, 2009, 03:27:57 PM »
Hi,

I need to work as a consultant in the Uk for 2 months and was told I need to get a
Tier I visa. It appears that I qualify for the points. I am a US citizen. I had some
questions about the visa  and wondered if anybody knew the answers

1) Is this the best choice of a visa?

2) How long does the Tier 1 process take? I need to start the last week of May or the
first week of June.

3) Are Tier I visas still valid if after the 2 months I returned to the US for several months
and then went back to the UK?

3) Since I will only use the Tier 1 for 2 months will it complicate future travel to the
UK as a visitor.

Thanks

M



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Re: Visa for working as a consultant?
« Reply #1 on: April 06, 2009, 03:55:26 PM »
1) Is this the best choice of a visa?

It maybe your only choice.  Unless you have an employer sponsoring you and then you would be an employee.

2) How long does the Tier 1 process take? I need to start the last week of May or the
first week of June.

I am afraid it varies.  Using a professional to submit your application could ensure that it goes entirely smoothly.  Tier 1 General is a very cut and dry process from eligability and a professional would be able to review your documents and ensure it is sent to a consulate in the quickest way possible.

If you decide to go it your own, I would plan 6 weeks at the high end.  There have been some recent changes and it maybe slowing down the mill a bit and there will be a lot of student applications over the next few months.  Using an authorised courier/expiditor is also a way to ensure it gets the best treatment possible.  If you have a long or complicated UK immigration history, it might take several more weeks.

3) Are Tier I visas still valid if after the 2 months I returned to the US for several months
and then went back to the UK?

As of right now, they are valid until they expire (3 years) and are valid for multiple entries.  There is talk about potentially curtailing visas if you don't use them, but there isn't anything right now that would affect it.

3) Since I will only use the Tier 1 for 2 months will it complicate future travel to the
UK as a visitor.

Nope.  You might get a question or two about it after it expires and is in your passport and you are just coming in as a visitor or something, but that would be about it.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
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Re: Visa for working as a consultant?
« Reply #2 on: April 06, 2009, 03:59:00 PM »
Tier 1 is based on PBS ( Points Based Calculator). In order for you to be able to apply, you should qualify with the required points on each section. For more info, please chekc the below link.
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf21pbsgeneralmigrant

If you can apply within two weeks, you should be fine for June. It normally depends on which consulate you have to send ur docs to and how busy they are.

yes they are. Tier 1 is issued for 3 years.

I dont  think it will complicate your future visits.
Applying from Chicago, United States.
Online application submitted 8th March 09
Biometrics appointment 11th March 09
Fedexed documents 19th March 09.
Documents delivered 20th March 09.
Received email 23rd March 2009.
VISA APPLICATION IN PROCESS
Visa approved on 29th March 2009


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Re: Visa for working as a consultant?
« Reply #3 on: April 06, 2009, 04:16:35 PM »
Are you sure your consultancy work doesn't fall within the parameters of the business visitor visa?

If you are employed abroad but want to visit the UK for short periods to undertake business related activities you may be eligible to do so as a business visitor. Anyone wishing to visit the UK as a business visitor should:
* be based abroad and not intend to transfer their base to the UK, even temporarily; and
* receive their salary from abroad, although it is acceptable for them to receive reasonable travel and subsistence expenses whilst in the UK; and
* not be involved in selling goods or services direct to members of the public.

What types of people can be treated as business visitors?
* Secondees from overseas companies who have a contract with a UK company, provided they are being paid by the overseas company;
* Advisers, consultants, trainers or trouble shooters employed abroad by the same company to which the client firm in the UK belongs, provided this does not amount to employment paid or unpaid for the UK branch
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Visa for working as a consultant?
« Reply #4 on: April 10, 2009, 01:31:02 PM »
Thanks to everybody who responded.

It appears that a Tier 1 visa might be required.

I do have a question about the submitting documents for proof of income.

1) Is it the case that the monthly income numbers have to match the numbers
in the bank statement.  There are a couple of reasons they may not match up

a) Deductions

b) Depositing multiple checks to the bank at the same time.

What do people do in such situations?

2) Is it Ok to list total income but produce documentation for a lower
number which exceeds the 40K pound threshold?

Thanks
M



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Re: Visa for working as a consultant?
« Reply #5 on: April 10, 2009, 01:42:57 PM »
1) The two pieces of evidence must clearly support each other. So your deposit amount in the bank statement should match the net amount on your payslip. If you've deposited multiple checks at the same time, ask your bank to print a copy of the check that formed part of the deposit.

2) I would only list what you are claiming. i.e., if you got a $70k Xmas bonus you could just use one payslip and the corresponding bank statement.

I presume when you say "it appears" you qualify, you've done a check on the points calculator post 31/3/09?


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Re: Visa for working as a consultant?
« Reply #6 on: April 10, 2009, 05:14:36 PM »
Thanks. Does my copy of the payslip suffice?

I don't know if the bank has a copy of the checks I deposited.

And yes I checked the points calculator pos 3/31 to find out if I qualify.

M
« Last Edit: April 10, 2009, 06:15:30 PM by aleph123 »


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Re: Visa for working as a consultant?
« Reply #7 on: April 10, 2009, 06:09:57 PM »
Copys of anything are a no no under PBS. If you mean you get your payslips online, you will need to print this out and have your employer stamp and sign it. If your employer doesn't have a stamp, ask them to print the payslip on company headed paper. It's all in Paragraph 141 of the Guidance


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Re: Visa for working as a consultant?
« Reply #8 on: April 10, 2009, 06:22:10 PM »
I get my payslips in the mail. Do these still need to be signed and stamped?

Can I use a W2 instead (For Jan - Dec'08) or will that not work due to the
timeline?

Thanks
M


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Re: Visa for working as a consultant?
« Reply #9 on: April 10, 2009, 06:34:46 PM »
They should be OK - are they on ADP (or similar) stationery? In either case, check the paragraph I suggested in the link I posted.

I would never, ever recommend using the W2. In the first instance, you're out of the 15 month window of being able to claim for 1/1/08 to 31/12/08. But more importantly, Paragraph 139 says that the two pieces of evidence must clearly support each other. As your deposits are net of pension, medical, and other deductions, and the W2 only shows gross and state and federal deductions, they aren't going to add up.


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