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urgent, supplementary employment question under 20 hour

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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bazbazbaz
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urgent, supplementary employment question under 20 hour

Post by bazbazbaz » Tue Feb 24, 2015 10:51 pm

I am in the UK on a Tier 2 general under a Web developer SOC code working full time. I was offered an additional short term part time work that is under 20 hours per week (as a casual freelancer) and is also Web development. Thus it is 'at the same professional level as the work for which my Certificate of Sponsorship was assigned' (i.e. also Web development)

My question is about the the working hours covered by my Certificate of Sponsorship. Normally I work 9-5 Monday to Friday. But, I am taking a few days vacation this month for my sponsoring employer, and during those days I want to do casual freelance work for another company. It will never be more than 16 hours/week at the company, on days when I already booked vacation time from my employer, and it is a short term project.

Does this arrangement count as being 'outside of the normal working hours for which my Certificate of Sponsorship was assigned'?

Basically, can I do a few days of freelance work when I am on vacation from my sponsored job?

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Frontier Mole
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Re: urgent, supplementary employment question under 20 hour

Post by Frontier Mole » Tue Feb 24, 2015 11:16 pm

If the role is as a freelancer as you put it I am assuming it is as a self employed person rather than as an employee of the company. If that is the case then it is deemed self employment and is not covered under supplementary employment regardless of the hours worked. A tier 2 migrant can not enter into any self employment.

bazbazbaz
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Re: urgent, supplementary employment question under 20 hour

Post by bazbazbaz » Tue Feb 24, 2015 11:25 pm

It's casual - I'm not sure if it is self employed. I will check.
If it is not self-employed is it OK?

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Frontier Mole
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Re: urgent, supplementary employment question under 20 hour

Post by Frontier Mole » Wed Feb 25, 2015 8:01 am

The use of the word casual usely denotes cash in hand and freelance is definitely self employed. Unless they are willing to issue a contract of employment and pay you through PAYE it can only be self employment.
As for doing the hours IF it is not self employment then you would be able to do so. Your employer should be aware of the additional employment of course...

iworker
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Re: urgent, supplementary employment question under 20 hour

Post by iworker » Wed Feb 25, 2015 10:15 am

@frontier mole
if the secondary employment is paye, i dont think there should be any reason why the current employer should know about it. The secondary employer should know that he is working somewhere else so he can use BR code for tax purposes.

If the OP is working within his annual leave, it should be considered outside his normal working hours.
this is obviously IMHO.

bazbazbaz
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Re: urgent, supplementary employment question under 20 hour

Post by bazbazbaz » Thu Feb 26, 2015 6:13 pm

They're able to do PAYE but can't do a contract. Can you explain why a contract would be necessary for some supplementary work?

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Frontier Mole
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Re: urgent, supplementary employment question under 20 hour

Post by Frontier Mole » Thu Feb 26, 2015 6:58 pm

It is not a legal requirement but does demonstrate your employment arrangement readily.
If they are going to do PAYE that will take of it.

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