Working on a Student Visa

I will be starting a full-time Masters program at King's College next month. My old employer (a US company) has offered to hire me as a freelancer to work remote while I am completing my Masters program in London. Now according to the student visa (Tier 4), I am not allowed to be 'self-employed', does freelancing for a US company qualify as self-employed? Is there anyway I can work for them without violating my visa?

The conditions on your Student visa are relevant to any employment activity within the UK only. These have nothing to do with any work outside the UK.

lolo2 wrote: ↑

Mon Aug 09, 2021 3:17 pm

The conditions on your Student visa are relevant to any employment activity within the UK only. These have nothing to do with any work outside the UK.

Any work undertaken while physically in the UK is work in the UK no matter where the employer or client is located.

So, freelance work for a US company would be self employed work in the UK and liable for UK taxes and social contributions.

Apologies I've got confused with another legislation.

@ALKB is right, you cannot work as a freelancer for your US employer while in the UK with a Student visa as your visa conditions apply no matter the location of the employer/job.

This UKCISA's blog has very good information in this regard: https://www.ukcisa.org.uk/blog/6257/a-w ... definition

"However any work you do when you are physically in the UK, for example working for a non-UK employer remotely or doing a "virtual internship" with them, counts towards your weekly 10 or 20 hour maximum. This is because the Student work restriction has no specific exception for work undertaken for an employer who is outside the UK".

Ugh that's what I thought but I was hoping maybe there was a workaround. Doesn't seem to make much sense why they wouldn't allow that for masters students but alas.

mastudent1234 wrote: ↑

Tue Aug 10, 2021 1:53 pm

I was hoping maybe there was a workaround.

There may be. Check with the US company whether they will hire you as an employee rather than a freelancer. If they will, and you work maximum 20 hours per week during term-time, that's fine.

sah10406 wrote: ↑

Tue Aug 10, 2021 6:11 pm

mastudent1234 wrote: ↑

Tue Aug 10, 2021 1:53 pm

I was hoping maybe there was a workaround.

There may be. Check with the US company whether they will hire you as an employee rather than a freelancer. If they will, and you work maximum 20 hours per week during term-time, that's fine.

Wouldn't that mean that the US company would have to pay corporation tax to the UK as they have employees living in the UK? And file company tax returns to HMRC etc?

US citizens who move to the UK on say a spouse visa and can work in the UK without restrictions, who still work for their US employer, appear to become Self Employed with HMRC.