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Skilled Worker + ir35 question

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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svskilledworker
Newly Registered
Posts: 1
Joined: Mon Jul 18, 2022 1:29 pm
Thailand

Skilled Worker + ir35 question

Post by svskilledworker » Mon Jul 18, 2022 1:56 pm

Hi everyone,

It's been a puzzle for me and I just want to get opinions.

I am on Tier2 Skilled Worker, sponsored by my partner's limited company. I work based on invoices. The company gets paid from the clients and then the company pays me salary. The project I am about to take falls inside ir35 which will pay into my partner's company. I am wondering if this would be a rule breach at all. My understanding is that in HMRC eyes, ir35 means I will be a temporary employee for another company, as they will be managing my tax and NI during the project.

Anybody has had the same situation before, please do give opinions!

Thank you

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Skilled Worker + ir35 question

Post by manci » Wed Jul 20, 2022 10:32 am

From your description it seems that you are self-employed and have a contract with your sponsor company that sets out the details of your job, how much you will be paid, etc.

IR35 means that HMRC will treat you as an employee for tax purposes, be it by your sponsor company or the company for which your sponsor company undertakes the assignment.

IMO this has no impact on your immigration status as a Skilled Worker as long as your sponsor company maintains full responsibility for your activities and generally continues to perform their sponsor duties.
Personal opinion, not professional or legal advice

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