Tier 2 Can I be employed and self-employed in the same time under tier 2 visa?

Doralice · Post by **Doralice** » Fri Dec 01, 2017 5:35 pm

Hi everyone,

I'm currently on a tier 2 visa. However, I submitted my self-assessment tax return on HMRC for my extra incomes as self-employed. Recently I was told it's not allowed.

But I've checked gov.uk which says:
"You can take a second job on this visa if you’re working up to 20 hours a week in either:
the same profession as your main job and at the same level
a profession on the shortage occupation"

My professional is on the shortage occupation, and I worked the same profession and same level less than 20 hrs per week outside my job.

Anyone knows if it's allowed? and what happened if I submitted as a self-employed with this visa?

Thanks

makky86 · Post by **makky86** » Fri Dec 01, 2017 6:15 pm

Doralice wrote: ↑
Fri Dec 01, 2017 5:35 pm
Hi everyone,

I'm currently on a tier 2 visa. However, I submitted my self-assessment tax return on HMRC for my extra incomes as self-employed. Recently I was told it's not allowed.

But I've checked gov.uk which says:
"You can take a second job on this visa if you’re working up to 20 hours a week in either:
the same profession as your main job and at the same level
a profession on the shortage occupation"

My professional is on the shortage occupation, and I worked the same profession and same level less than 20 hrs per week outside my job.

Anyone knows if it's allowed? and what happened if I submitted as a self-employed with this visa?

Thanks

Self-employment is not allowed on Tier2. If you submitted self-assessment you have broken Tier 2 condition. You'll not get ILR.

The supplementary job is allowed on PAYE not self-employed.

Doralice · Post by **Doralice** » Fri Dec 01, 2017 6:27 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:15 pm

Doralice wrote: ↑
Fri Dec 01, 2017 5:35 pm
Hi everyone,

I'm currently on a tier 2 visa. However, I submitted my self-assessment tax return on HMRC for my extra incomes as self-employed. Recently I was told it's not allowed.

But I've checked gov.uk which says:
"You can take a second job on this visa if you’re working up to 20 hours a week in either:
the same profession as your main job and at the same level
a profession on the shortage occupation"

My professional is on the shortage occupation, and I worked the same profession and same level less than 20 hrs per week outside my job.

Anyone knows if it's allowed? and what happened if I submitted as a self-employed with this visa?

Thanks
Self-employment is not allowed on Tier2. If you submitted self-assessment you have broken Tier 2 condition. You'll not get ILR.

The supplementary job is allowed on PAYE not self-employed.

What if I work another 5 years with only PAYE?

makky86 · Post by **makky86** » Fri Dec 01, 2017 6:39 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:27 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:15 pm

Doralice wrote: ↑
Fri Dec 01, 2017 5:35 pm
Hi everyone,

I'm currently on a tier 2 visa. However, I submitted my self-assessment tax return on HMRC for my extra incomes as self-employed. Recently I was told it's not allowed.

But I've checked gov.uk which says:
"You can take a second job on this visa if you’re working up to 20 hours a week in either:
the same profession as your main job and at the same level
a profession on the shortage occupation"

My professional is on the shortage occupation, and I worked the same profession and same level less than 20 hrs per week outside my job.

Anyone knows if it's allowed? and what happened if I submitted as a self-employed with this visa?

Thanks
Self-employment is not allowed on Tier2. If you submitted self-assessment you have broken Tier 2 condition. You'll not get ILR.

The supplementary job is allowed on PAYE not self-employed.
What if I work another 5 years with only PAYE?

When you were issues Tier 2 and what its expiry date?

Doralice · Post by **Doralice** » Fri Dec 01, 2017 6:47 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:39 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:27 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:15 pm

Doralice wrote: ↑
Fri Dec 01, 2017 5:35 pm
Hi everyone,

I'm currently on a tier 2 visa. However, I submitted my self-assessment tax return on HMRC for my extra incomes as self-employed. Recently I was told it's not allowed.

But I've checked gov.uk which says:
"You can take a second job on this visa if you’re working up to 20 hours a week in either:
the same profession as your main job and at the same level
a profession on the shortage occupation"

My professional is on the shortage occupation, and I worked the same profession and same level less than 20 hrs per week outside my job.

Anyone knows if it's allowed? and what happened if I submitted as a self-employed with this visa?

Thanks
Self-employment is not allowed on Tier2. If you submitted self-assessment you have broken Tier 2 condition. You'll not get ILR.

The supplementary job is allowed on PAYE not self-employed.
What if I work another 5 years with only PAYE?
When you were issues Tier 2 and what its expiry date?

I was issue in 2014 the first time, then changed job and just renewed this year, now is valid until 2020

makky86 · Post by **makky86** » Fri Dec 01, 2017 7:32 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:47 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:39 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:27 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:15 pm

Self-employment is not allowed on Tier2. If you submitted self-assessment you have broken Tier 2 condition. You'll not get ILR.

The supplementary job is allowed on PAYE not self-employed.
What if I work another 5 years with only PAYE?
When you were issues Tier 2 and what its expiry date?
I was issue in 2014 the first time, then changed job and just renewed this year, now is valid until 2020

What year did you submit self-assessment to HMRC ?

dan883 · Post by **dan883** » Fri Dec 01, 2017 7:57 pm

Dear Doralice
Living in T2 visa and submitting self assessment is a serious breach of T2. When you are in self employment you can easily be tracked and it will particularly effect when will applying for your ILR.

Who ever was paying you under self assessment can get in trouble too. Please therefore consult with your solicitor and accountant as a matter to urgency to resolve it. Also please call to HMRC on 0300 200 3300 and request them to cancel your Unique Tax Reference (UTR) number. Explain them that you registered for self employment in error.

Good Luck

Doralice · Post by **Doralice** » Fri Dec 01, 2017 11:18 pm

makky86 wrote: ↑
Fri Dec 01, 2017 7:32 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:47 pm

makky86 wrote: ↑
Fri Dec 01, 2017 6:39 pm

Doralice wrote: ↑
Fri Dec 01, 2017 6:27 pm

What if I work another 5 years with only PAYE?
When you were issues Tier 2 and what its expiry date?
I was issue in 2014 the first time, then changed job and just renewed this year, now is valid until 2020
What year did you submit self-assessment to HMRC ?

2015...

Akorotaeva · Post by **Akorotaeva** » Sat Dec 02, 2017 12:50 pm

Please note that simply filing a self assessment is not a breach as there are all sorts of reasons why people might need to file one! Self employment is only one of such reasons.

makky86 · Post by **makky86** » Sat Dec 02, 2017 2:24 pm

Akorotaeva wrote: ↑
Sat Dec 02, 2017 12:50 pm
Please note that simply filing a self assessment is not a breach as there are all sorts of reasons why people might need to file one! Self employment is only one of such reasons.

What do you mean its not breach? Self-assessment means you have worked as freelancer and made money now you're filing to HMRC to pay tax. Its breach of T2 and will lead to refusal when applying for ILR

Akorotaeva · Post by **Akorotaeva** » Sat Dec 02, 2017 9:18 pm

No, there are lots of reasons why one might be required to fill in a self assessment form. For example, if you sell property, get rental income, make a gift of property, etc.

Self assessment filing is NOT the same as self employment.

makky86 · Post by **makky86** » Sat Dec 02, 2017 9:52 pm

Akorotaeva wrote: ↑
Sat Dec 02, 2017 9:18 pm
No, there are lots of reasons why one might be required to fill in a self assessment form. For example, if you sell property, get rental income, make a gift of property, etc.

Self assessment filing is NOT the same as self employment.

OP has clearly filled self assessment based on the extra job. How can it be reverted?

Akorotaeva · Post by **Akorotaeva** » Sat Dec 02, 2017 10:10 pm

You’re right, but it’s just important to clarify the above because I’d not want people to panic if they’re not self employed but needed to do a self assessment for other reasons.

makky86 · Post by **makky86** » Sat Dec 02, 2017 11:24 pm

Akorotaeva wrote: ↑
Sat Dec 02, 2017 10:10 pm
You’re right, but it’s just important to clarify the above because I’d not want people to panic if they’re not self employed but needed to do a self assessment for other reasons.

Yes I agree but my answer is as per OP's question. He has clearly mentioned that he file self-employment / self-assessment based on the job he is doing outside of main job for he has Tier 2 which is definately breach of the visa.

qin · Post by **qin** » Sat Mar 02, 2019 10:06 pm

Hi have seen official reply from British government says that it's OK. However, the reply here says No. Therefore, it will be appreciated if you can please let me know how your situation goes. I ask this because I also want to find out whether Tier 2 can be self-employed as supplementary employment. Many thanks! My mobile is xxxxxxxxxx My email is xxxxxxxxxxxx

Moderator edit: Please don't post personal contact details on the open forum, it's against the Board T&Cs.
You're also leaving yourself open to the scammers and scammers who frequently trawl the forum for such information.

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