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Providing services on tier2 visa

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

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Xkcd
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Providing services on tier2 visa

Post by Xkcd » Mon Jun 13, 2016 11:50 pm

Hi,

I am currently working in UK on tier 2 visa and i was wondering if there is any restriction on providing services while on this visa. I have an opportunity of teaching on the side and the contract explicitly states that the relationship between me and the other party is NOT of employer and employee and i will only be paid for the services provided and wont get any benefits.

I have seen the rules for a second employment but this is clearly not an employment hence in my opinion this looks fine. Kindly let me know if such a scenario has any restrictions. Thanks a lot.

noajthan
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Re: Providing services on tier2 visa

Post by noajthan » Mon Jun 13, 2016 11:56 pm

Xkcd wrote:Hi,

I am currently working in UK on tier 2 visa and i was wondering if there is any restriction on providing services while on this visa. I have an opportunity of teaching on the side and the contract explicitly states that the relationship between me and the other party is NOT of employer and employee and i will only be paid for the services provided and wont get any benefits.

I have seen the rules for a second employment but this is clearly not an employment hence in my opinion this looks fine. Kindly let me know if such a scenario has any restrictions. Thanks a lot.
How is teaching 'on the side' by providing 'services' and then being paid for them not working?
This busman's holiday is not for free nor does it seem to be a sort of hobby.
What is the point of it?

It sounds horribly close to working illegally. And how about tax & etc?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Xkcd
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Re: Providing services on tier2 visa

Post by Xkcd » Tue Jun 14, 2016 12:16 am

I would not be employed by the other party and the rules in the tier 2 guidance are regarding employment only. That is why I am a bit confused as to under what category would such an arrangement fall.

I would not conceal my income in any case but it would not be generated by a second 'employment'. For instance, would receiving money in lieu of providing legal advice considered employment? This is not clear to me. Is is possible to clarify my situation though any official channel?

Xkcd
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Re: Providing services on tier2 visa

Post by Xkcd » Tue Jun 14, 2016 12:30 am

I should have added that the teaching thing is not permanent and lasts for only a month. Also, it is not a full-time thing even during the month.

noajthan
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Re: Providing services on tier2 visa

Post by noajthan » Tue Jun 14, 2016 12:35 am

Xkcd wrote:I would not be employed by the other party and the rules in the tier 2 guidance are regarding employment only. That is why I am a bit confused as to under what category would such an arrangement fall.

I would not conceal my income in any case but it would not be generated by a second 'employment'. For instance, would receiving money in lieu of providing legal advice considered employment? This is not clear to me. Is is possible to clarify my situation though any official channel?
Yes, money in lieu of providing legal advice is self-employment. (Barristers do it every day of the week).

The question is whether self-employment is permitted under your visa.
There was a similar question in the past week or so. You may search for it (advanced search-feature).

Just having a contract saying this is "not employment" does not sound realistic and does not necessarily protect your visa (which could have far-reaching consequences).
if money changes hands its work - and potentially taxable.

Other members have experience in this field.
Stand by.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Providing services on tier2 visa

Post by noajthan » Tue Jun 14, 2016 12:40 am

Here's the case I was thinking of (it's a hobby for me :wink: ):
http://www.immigrationboards.com/uk-tie ... 10343.html

Self-employment appears to be a no-no.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

paradoxical
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Re: Providing services on tier2 visa

Post by paradoxical » Tue Jun 14, 2016 11:50 am

Here is what I found which is relevant to this discussion:

https://www.whatdotheyknow.com/request/ ... d_self_emp

So according to the UKVI and the interpretation of conditions of supplementary work as a Tier 2 visa holder, self-employment is NOT permitted, pretty much what the senior members had alluded to ..

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