My fiancé has been offered some jobs. Now she can't be employed, but she can be a company director. If she sets up a limited company, and takes the freelance work, could she take a divedend, or even a director loan from the company and pay it back when she takes a salary? I don't see it has any different to a company outsourcing work to Asia - it's similar to what she did before, she just would be working in a different time zone?
Where is your fiancée, ChristopherT? I sponsored my wife through her spousal visa when I was a company director. All company accounts' bank statements showed the viability of my company and my ability to support my wife back then, so I don't think it would do any harm to show that your fiancée is less likely to "disappear" here in the UK. Of course, we all know that fiancée visas are harder to obtain than spousal visas so I am not an expert in all matters regarding this type of visa and whether she will get a visa because of being a company director. The more secure route for her to be with you permanently in the UK would be for you and your fiancée to get married and for you to sponsor her through a spousal visa. (My wife and I married in the Philippines). Is there any reason why you could not do this?
She's here on her fiance visa. My question is about her being a company director and doing the freelance work - as you will know, she doesn't have a right to work on a fiancé visa. Technically she wouldn't be employed, so not sure if she is doing anything wrong.
Probably catch you out on the "sham company" doctrine ... long time since I was at school but you're basically not allowed to set up a company to circumvent "The Law" or carry on illegal activities etc.
I think your good lady taking on any sort of work whilst on a fiancee visa is putting you and her in a rather difficult position. If memory serves me right I believe you work for your (step) father albeit you are not as adopted by him would your fiancee be indirectly a director of the same firm doing freelance work promoted by the company,if yes you are on very dodgy ground. If it is a separate company then and as above the company giving her the work would pay and declare the payments through their accounts and the audit. You do not pay tax on dividends if the amount falls within your personal allowance, but to have a personal allowance you have to be known to the tax people which as yet she can't be. I would say no, and to progress would leave you both open to criticism and put any future visa applications at risk..
I've changed employers as it happens so we're quiet comfortable when it comes to applying for leave to remain. Truth is she's bored out of her mind, she's gone from working 60+hours a week in Singapore to nothing.
Fully understand the boredom bit, but any type of work is a no on a fiancee visa. You say your quite comfortable moving forward on leave to remain, the comfort would stop if the UKBA found she had been working.
