Is this classed as self-employment?

Hi guys,

I was recently living in the UK on the tier 5 YMS visa. At the end of this I returned home and have been trying for sponsorship through tier 2 general to return to the UK however unfortunately the employer wanting to hire/sponsor me have not been successful in obtaining a restricted certificate of sponsorship for me due to the cap being oversubscribed for the past few months. We have pretty much given up on this ever being successful and I've found work in my home country now, etc. I have been wanting to do a masters course for a couple of years now and I noticed that the course I want to do is offered at 3 universities within the UK. I have been thinking of trying to get a place on one of these and if I'm accepted studying in the UK to either finish off the things I wanted to do or potentially switch to tier 2 following my course if possible, depending on what I want to do with my qualifications once graduating.

I understand that while studying, under the Tier 4 rules I can work up to 20 hours per week during term times and full time during breaks.

I am qualified as a Physiotherapist and have the option to do locum/agency work meaning that an agency would find me contracts of varying length and hours at different hospitals. The hospitals would then be billed by the agency weekly, and I'm then paid either through the agency's PAYE scheme or an umbrella company after my tax, NI, and the agency's cut have been deducted.

This type of work would be a much better option for me due to a number of reasons:
- locum/contract work is a lot more flexible so I can pick days/hours I can work around my studies and it easily allows me to move from a few hours to full time hours per week depending on my uni work load and whether we are on break.
- My degree contains block clinical placements and this would be much easier to take extended time off whenever needed for placement
- I believe I can make slightly more money this way which will help with living expenses (all 3 courses are in high cost living areas)

My question: Is this classed as self-employment? I feel that it is and therefore not allowed under the rules. However I thought I would check if anyone knew for sure, especially since under the IR35 rules I'm not classed as a "true contractor" as I'm under direct supervision and direction of the team in the hospital, they tell me what to do, etc.

Any help would be greatly appreciated Thanks !

(Sorry about the length of my post!)

Ask the agency?

sah10406 wrote: ↑

Sat Mar 24, 2018 11:09 am

Ask the agency?

Thanks! Yeah I asked them before and they said it was absolutely fine but I also know from experience that sometimes recruitment agencies aren't exactly the most truthful...i.e. they'll say it's fine because they want the extra business when in reality it's really not...so I thought i'd check if anyone knew.

In that case, check direct with HMRC:
https://www.gov.uk/working-for-yourself

There are also some detailed guides out there like these:
https://www.simplybusiness.co.uk/knowle ... -employed/

https://www.litrg.org.uk/tax-guides/sel ... or-neither

sah10406 wrote: ↑

Mon Mar 26, 2018 8:28 am

In that case, check direct with HMRC:
https://www.gov.uk/working-for-yourself

There are also some detailed guides out there like these:
https://www.simplybusiness.co.uk/knowle ... -employed/

https://www.litrg.org.uk/tax-guides/sel ... or-neither

Thank you! That's really helpful!