ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Self-employment status dispute - Tier 4

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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

Locked
bb90
Newly Registered
Posts: 3
Joined: Fri May 07, 2021 1:57 am
Australia

Self-employment status dispute - Tier 4

Post by bb90 » Fri May 07, 2021 2:15 am

I carried out work as a research assistant on my Tier 4 visa in the period it was valid after graduation. I confirmed that the HMRC Check employment status for tax tool determined that I was employed for tax purposes (not self-employed).

However, the organisation I was working for did not operate PAYE or National Insurance on my income, and informed me I was self employed for tax purposes (at the end of my contract). Having completed the contract I again confirmed the HMRC tool determined that I was indeed employed for tax purposes based on the actual work, with careful reference to the detailed guidance.

1. Should I complete the self assesment to pay tax due on this income?
2. Or do I need to take this up with the employer?

I do not want to risk consequences for appearing to be self-employed on a Tier 4 visa - but want to ensure I pay the required taxes!

Also note that while on the same visa, I worked for another employer as a research assistant, doing work of the same nature. They did operate PAYE and National Insurance and I was employed for tax purposes (as a casual worker), not self employed.

Thanks

sah10406
Diamond Member
Posts: 3159
Joined: Sun Apr 20, 2008 10:09 am

Re: Self-employment status dispute - Tier 4

Post by sah10406 » Fri May 07, 2021 7:13 am

bb90 wrote:
Fri May 07, 2021 2:15 am
1. Should I complete the self assesment to pay tax due on this income?
2. Or do I need to take this up with the employer?
You need to discuss it with the employer urgently. They have the final say on whether you are their employee or their contractor. If it is the latter, you need to do a self-assessment tax return. You were also working in breach of your visa's work conditions.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

bb90
Newly Registered
Posts: 3
Joined: Fri May 07, 2021 1:57 am
Australia

Re: Self-employment status dispute - Tier 4

Post by bb90 » Fri May 07, 2021 7:36 am

sah10406 wrote:
Fri May 07, 2021 7:13 am
bb90 wrote:
Fri May 07, 2021 2:15 am
1. Should I complete the self assesment to pay tax due on this income?
2. Or do I need to take this up with the employer?
You need to discuss it with the employer urgently. They have the final say on whether you are their employee or their contractor. If it is the latter, you need to do a self-assessment tax return. You were also working in breach of your visa's work conditions.
Thank you for your response. Do you have a reference for this:
They have the final say on whether you are their employee or their contractor.
I understand employment law to be more complex.

sah10406
Diamond Member
Posts: 3159
Joined: Sun Apr 20, 2008 10:09 am

Re: Self-employment status dispute - Tier 4

Post by sah10406 » Fri May 07, 2021 7:38 am

I recommend professional advice.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

bb90
Newly Registered
Posts: 3
Joined: Fri May 07, 2021 1:57 am
Australia

Re: Self-employment status dispute - Tier 4

Post by bb90 » Fri May 07, 2021 7:40 am

sah10406 wrote:
Fri May 07, 2021 7:38 am
I recommend professional advice.


Thanks I agree...

Locked
cron