PAYE Misconduct

Hi all,

I am working as a senior leader in one of the IT company here in the UK under Tier2 General. Currently, I received a business proposal for a time-boxed engagement in the same capacity for another company. I know I am eligible for a supplementary work up to 20 hours. But what defines second job vs supplementary job is unclear to me. Is there a contractual difference? I couldn’t find anything relevant in the forum regarding my question, hence I wanted to double check this if anybody can shed some light into the contract setup of supplementary work..

So basically, what is the best way to setup a contractual relation between parties? Is there a minimum salary requirement on the supplementary work? Do I alert the sponsor company that I will undertake supplementary work? Can it be phrased as part-time work? Or, is there a rather easier way to get paid for the work you may do in supplementary capacity?

Thank you

From the caseworker guidance:
https://assets.publishing.service.gov.u ... 2.0ext.pdf

Supplementary employment

In addition to the job specified on the certificate of sponsorship (CoS), a Skilled
Worker’s conditions allow them to do extra work if it is:

• in either a job in Appendix Shortage Occupation List or a job in the same
occupation code as the job for which the CoS was assigned

• no more than 20 hours a week

• outside the working hours covered by the CoS

If the extra work meets the above requirements, the applicant does not need to
inform the Home Office before taking extra work.


These are the only requirements of the HO for supplementary employment , the form of contract, pay, etc are immaterial as far as they are concerned.

A second job or secondary employment is quite different, you would need a new CoS and a variation of your permission (visa) for it. See p45 of the guidance

Thank you for this. This helps greatly.

Given this will be a one off arrangement, so I suppose I have to be still under PAYE scheme of the second company and not a contractual outcome-based service work? As in, if we presume the work will be conducted in 3 months; I have to be getting paid salary for XXX for say 3 months and not having a single contract of 3XXX in one go?

There has been some discussion on the forum a couple of years ago about whether supplementary employment is allowed on a self-employed basis. The answer was a qualified YES:
uk-tier-2-employer-sponsored-visas/resp ... 24323.html

However, to avoid complications I would suggest that your supplementary work for the second company is under PAYE

Hi there,

I had an earlier question regarding the supplementary work under Skilled Worker visa. So I went for it, and we had a setup with a small company to do some extra work up 20 hours a week outside of usual working hours.

However, this morning I received an email saying my PAYE code changed. When I checked form the HMRC web site, it said basically my current (sponsor) employment has ended and the other company's employment started. So basically they messed it up big time. I still don't know how the accountant firm did this without my signature or anything.. But that's another story. I'm trying to get into my sponsor's PAYE again, I believe that should be doable.

My questions is, would this whole thing breaches my ILR situation? Even further would it even breach Skilled Worker visa as that small company cannot sponsor me.

What can be done here? Should I email Home Office to find out what can I do?

Hi everyone,

I figured how to resolve the situation. I thought I'd post a reply to let everyone in similar situations know about it.

So basically PAYE relation is more related to "Tax" than Home Office. So it's a matter of HMRC and not Home Office. Turns out, these mistakes happen all the time. There are tons of things you could rollback from HMRC systems (payslip, personal details, incorrect payments, etc) except the registration date with HMRC (basically employment). I called HMRC and they fixed everything in the system.

Re: potential breach of Skilled Worker visa, it turns out as long as the sponsored company is the primary in HMRC systems and supplementary work is the secondary company, from Home Office point of view there is not concern. (I got main sponsor company's immigration team looked at it). In fact, during the ILR process they do actually look into the last 3 payslips.

That being said, Tier 2 General visa holders (like me) don't have connection with HMRC systems when they get registered with Visa. However, new Skilled Worker visa holders apparently have direct links to HMRC during the issuance of the visa. Hence they can see all the movements. Despite all these, our expert didn't believe there is anything to worry in this scenario. As long as secondary work is under 20 hours a week, similar SOC code and outside of usual working hours.

Thought I'd share.

The only thing I could not figure out is HMRC folks don't even know what is SOC code.. When I asked advise to see whether I was on the right code or not, the person told me that it is a Home Office concern than HMRC as they do not carry any associations like it. I don't have any way to secure my SOC code in the supplementary is same with my sponsored work. I guess it all boils down to the contract and the responsibilities.

Cheers,