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Tier 2 to ILR freelance work tax

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 7:39 am

Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei

User avatar
Casa
Moderator
Posts: 25813
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by Casa » Fri Mar 08, 2019 8:08 am

feivourite wrote:
Fri Mar 08, 2019 7:39 am
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You have two problems:
1. You're not permitted to freelance under the terms of your Tier 2 visa
2. You've not declared your freelance income to HMRC
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 8:15 am

Hi thank you for your reply.

It’s mainly selling some work for friends and relatives. Hence I haven’t thought it’s freelance work. It’s about a couple of thousands a year but not strictly freelance work with any contracts etc

Is there any advice you can give me for how I can still apply for ILR and not being refused for this reason?

Any help would be appreciated.


Many thanks

Casa wrote:
Fri Mar 08, 2019 8:08 am
[quote=feivourite post_id=<a href="tel:1752559">1752559</a> time=<a href="tel:1552030795">1552030795</a> user_id=204129]
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You have two problems:
1. You're not permitted to freelance under the terms of your Tier 2 visa
2. You've not declared your freelance income to HMRC
[/quote]

feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 9:39 am

Please can anyone help? I’m really worried and thought I’d been working hard but wasn’t aware of any issues like this.

User avatar
sacbmth
Newbie
Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Re: Tier 2 to ILR freelance work tax

Post by sacbmth » Fri Mar 08, 2019 10:57 am

feivourite wrote:
Fri Mar 08, 2019 7:39 am
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You are allowed to work 20 hours as long as the work you are doing falls within the same skill level/occupation your T2 visa was granted.

Code: Select all

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 list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.

feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 11:00 am

Hi thank you for your reply.

Do you know what I need to do with the tax for the 20hr work? Do I need to register as self employed and do tax returns every year? If I haven’t done that for the last few years what’s the solution for now?

Many thanks
sacbmth wrote:
Fri Mar 08, 2019 10:57 am
feivourite wrote:
Fri Mar 08, 2019 7:39 am
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You are allowed to work 20 hours as long as the work you are doing falls within the same skill level/occupation your T2 visa was granted.

Code: Select all

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 list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.

User avatar
sacbmth
Newbie
Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Re: Tier 2 to ILR freelance work tax

Post by sacbmth » Fri Mar 08, 2019 11:03 am

Not entirely sure how far back you can go with self assessment. Might be a query for a tax lawyer,perhaps?

feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 12:27 pm

Thank you.

Do you know if the HO would generally looking into this in great detail if it’s for something like £150 every 3 months?

sacbmth wrote:
Fri Mar 08, 2019 11:03 am
Not entirely sure how far back you can go with self assessment. Might be a query for a tax lawyer,perhaps?

User avatar
Casa
Moderator
Posts: 25813
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by Casa » Fri Mar 08, 2019 12:59 pm

sacbmth wrote:
Fri Mar 08, 2019 10:57 am
feivourite wrote:
Fri Mar 08, 2019 7:39 am
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You are allowed to work 20 hours as long as the work you are doing falls within the same skill level/occupation your T2 visa was granted.

Code: Select all

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 list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.
If you read the advice given by the UKVI in the following Freedom of Information Request, you'll see that the 20 hours doesn't include self-employment.
https://www.whatdotheyknow.com/request/ ... elf_employ
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
sacbmth
Newbie
Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Re: Tier 2 to ILR freelance work tax

Post by sacbmth » Fri Mar 08, 2019 1:12 pm

If you read the advice given by the UKVI in the following Freedom of Information Request, you'll see that the 20 hours doesn't include self-employment.
Thank you Casa for the clarification - does that mean the second employment has to be with another employer and not self-employment/freelance?

User avatar
sacbmth
Newbie
Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Re: Tier 2 to ILR freelance work tax

Post by sacbmth » Fri Mar 08, 2019 1:19 pm

feivourite wrote:
Fri Mar 08, 2019 12:27 pm
Thank you.

Do you know if the HO would generally looking into this in great detail if it’s for something like £150 every 3 months?

sacbmth wrote:
Fri Mar 08, 2019 11:03 am
Not entirely sure how far back you can go with self assessment. Might be a query for a tax lawyer,perhaps?
Again I'm not sure how the HO will conduct checks on this front. I wouldn't worry too much as you cannot do much at this stage anyway. I'd however wary if you have this monies coming into your account in the statement you submit with your application. You could speak to a solicitor and get their professional opinion.

feivourite
Junior Member
Posts: 53
Joined: Thu Oct 11, 2018 5:41 am
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by feivourite » Fri Mar 08, 2019 8:10 pm

Hi Casa,

Read a few other similar posts, generally people are not sure the freelance work they have done will need to declare tax or not?

uk-tier-2-employer-sponsored-visas/brea ... 32-20.html
uk-tier-2-employer-sponsored-visas/self ... l#p1653539

Please let me know what you think?

Thanks!

Casa wrote:
Fri Mar 08, 2019 12:59 pm
sacbmth wrote:
Fri Mar 08, 2019 10:57 am
feivourite wrote:
Fri Mar 08, 2019 7:39 am
Hi all,

I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?

Many thanks
Fei
You are allowed to work 20 hours as long as the work you are doing falls within the same skill level/occupation your T2 visa was granted.

Code: Select all

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 list
You can also do unpaid voluntary work.

Otherwise, you’ll need to apply for a new visa. You’ll need to be sponsored by your second employer and get a new certificate of sponsorship.
If you read the advice given by the UKVI in the following Freedom of Information Request, you'll see that the 20 hours doesn't include self-employment.
https://www.whatdotheyknow.com/request/ ... elf_employ

ds2016
Newbie
Posts: 30
Joined: Sat Apr 13, 2019 8:35 pm
United Kingdom

Re: Tier 2 to ILR freelance work tax

Post by ds2016 » Thu May 02, 2019 9:19 am

feivourite wrote:
Fri Mar 08, 2019 7:39 am
I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?
Hey - do you have any updates on your case? Have you now applied for your ILR? I am in the same boat as you...

User avatar
CR001
Moderator
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 2 to ILR freelance work tax

Post by CR001 » Thu May 02, 2019 9:23 am

ds2016 wrote:
Thu May 02, 2019 9:19 am
feivourite wrote:
Fri Mar 08, 2019 7:39 am
I have been wondering if it’s a gorund of refusal if I’d had some income over the 5 year tier 2 period outside of work and hadn’t really registered as self-employe or filed tax return for the freelance work I have been doing? Which isn’t much at all. Please can anyone advice if you had similar experience?
Hey - do you have any updates on your case? Have you now applied for your ILR? I am in the same boat as you...
The user has only recently applied, like a few days ago, based on their other lengthy topic.

indefinite-leave-to-remain/bank-stateme ... l#p1772739
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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