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Tier 2, what is not allowed to do during my free time?

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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Jeff39827
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Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Tue Dec 04, 2018 11:57 pm

This post is related to the complementary job and starts a company as T2. The topic has been covered but mostly 2-3 years back, and the information is mixed. Hope someone could share some light on this

Having read many of the posts here, it appears that (a) tier-2 holder cannot: do consultancy, freelance, do contract jobs, work for the ltd company set-up by himself (or some people think this is a self-employed/sole trader).
Considering the T2 holder is still working for the sponsor, the extra work is under 20 hours, outside normal working hours, at the same pay-rate, same profession levels.

Some say (b) T2 holder cannot start a company, be a director of a company, nor owning shares.

Having read the Tier-2 guideline, unlike the Tier-4 guideline which clearly prohibits any business activities, no mention of any above is clearly listed. Can anyone provide some legit guidance on the above matter regarding what T2 holder can or cannot do in (a) and (b)?

On the same note, it seems that the final dividing line is how people get paid. for the works listed above, the pay might be cash? then tax is through a self-assessment form which indicates self-employment. However, if the job is paid through PAYE, it is legit. Is this understanding correct? again much appreciate if there is supporting guidelines. :)

vinny
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Re: Tier 2, what is not allowed to do during my free time?

Post by vinny » Wed Dec 05, 2018 12:10 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jeff39827
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Posts: 8
Joined: Tue Dec 04, 2018 11:50 pm
Argentina

Re: Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Wed Dec 05, 2018 12:51 am

vinny wrote:
Wed Dec 05, 2018 12:10 am
See also 319HC(d) and 319HE(d),
Interpretation and
Guidance.
Hi Vinny, Thanks for your information, but the link does not have the reference 391HC 319HE that you put in, they end with 255HH could you check again?
On the guidance, I didn't find anything related to the subject either apart from p106 the description of a supplementary job basically says: T2 can work on the 2nd job given T2 holder is still working for the sponsor, the extra work is under 20 hours, outside normal working hours, at the same profession levels. What I missed?

Thank you.

Jeff39827
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Posts: 8
Joined: Tue Dec 04, 2018 11:50 pm
Argentina

Re: Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Thu Dec 06, 2018 12:31 am

Anyone could help on the subject? :)

vinny
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Re: Tier 2, what is not allowed to do during my free time?

Post by vinny » Thu Dec 06, 2018 4:50 am

Sorry. I mistyped.

245HC(d) and 245HE(d)
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jeff39827
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Posts: 8
Joined: Tue Dec 04, 2018 11:50 pm
Argentina

Re: Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Thu Dec 06, 2018 2:19 pm

Thank you for the reply and clear up the confusion.

Jeff39827
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Posts: 8
Joined: Tue Dec 04, 2018 11:50 pm
Argentina

Re: Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Thu Dec 06, 2018 11:33 pm

Thank you vinny, for providing the immigration rule information.

Having read the rules, It seems to contradict some other past posts say about what T2 cannot do, such as start a business or self-employment etc, because:
(A)
From 245HC(d) and 245HE(d), it says the condition of T2 are:
(iii) no employment except (2) supplementary employment
(B)
supplementary employment in Interpretation and Guidance is defined in Interpretation as:
other employment in a job which appears on the Shortage Occupation, or in the same profession and at the same professional level provided that:
(i) the migrant remains working for the Sponsor
(ii) the other employment does not exceed 20 hours per week and takes place outside of the normal hours
(C)
the 'other employment' mentioned above, in particular, employment in Interpretation is defined as:
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.
Also nothing regarding own shares or being directors

My interpretation of the rule maybe be wrong and I would much appreciate if someone can correct it in the case it is misinterpreted.

Any comments? :)

Jeff39827
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Posts: 8
Joined: Tue Dec 04, 2018 11:50 pm
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Re: Tier 2, what is not allowed to do during my free time?

Post by Jeff39827 » Sun Dec 09, 2018 12:29 am

Any comments, interpretation or explanation about the rules? :)

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