Hello guys, I am working as a in-house translator on tier 2 visa and have passed a language agency's language test. I want to do some freelance work through language agencies outside of my normal work time.
I have some questions about this.
1. In this case, am I self-employed?
2. Is it acceptable for tier 2 visa holders to work as freelancers through agencies?
I consulted my university visa support team and the following is the reply that they got from the Home Office:
For example, a software engineer who developed app’s as a hobby could use this allowance if they released them and made money through them.
However if they set up a company to oversee the business they would have made themselves into a company director and this would not be acceptable as ‘Director’ comes under a different SOC code.
The rules which this relates to are:
Under Part 6A of these Rules, “supplementary employment” means other employment in a job which appears on the Shortage Occupation List in Appendix K, or in the same profession and at the same professional level as that which the migrant is being sponsored to do provided that:
(a) the migrant remains working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,
(b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the migrant is contracted to work for the Sponsor in the employment the migrant is being sponsored to do.
“employment” unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.
3. According to this reply, does this mean that I can use this allowance to work for language agencies as their registered freelancer on tier 2 visa?
Thank you very much!
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