Can you work while waiting for T2 curtailment?

[Deral]

Hi all,

This question somewhat touches tax as well, but maybe someone has come across such case before.

A woman has lived in the UK on T2 General for 4+ years but has recently been made redundant. She has found a new employer who agreed to sponsor but that takes time. She has not received a curtailment letter from Home Office yet.

She also found some remote temp/freelance jobs where she can make money while she's waiting for the new visa. These freelance jobs are found through a non-UK agency and will be paid by that agency.

Question: Does she have right to take those freelance jobs and get paid into her UK bank account?

It's confusing, because on one hand she does not have right to work the UK, but then for those freelance gigs she will not be employed by a UK company. She's obviously happy to pay taxes in the UK since this is where her tax residency is.

Thank you!

[CR001]

She also found some remote temp/freelance jobs where she can make money while she's waiting for the new visa. These freelance jobs are found through a non-UK agency and will be paid by that agency.

Question: Does she have right to take those freelance jobs and get paid into her UK bank account?

No, she cannot do this, it would be a breach of her visa conditions. She can only work for her tier 2 sponsor, or for a new tier 2 sponsor. If she is currently unemployed, she cannot even do the 20 hours per week in the same SOC and job level as her tier 2 job.

It's confusing, because on one hand she does not have right to work the UK, but then for those freelance gigs she will not be employed by a UK company. She's obviously happy to pay taxes in the UK since this is where her tax residency is.

She cannot do this, it is a breach of the tier 2 visa conditions.

[Deral]

She also found some remote temp/freelance jobs where she can make money while she's waiting for the new visa. These freelance jobs are found through a non-UK agency and will be paid by that agency.

Question: Does she have right to take those freelance jobs and get paid into her UK bank account?

No, she cannot do this, it would be a breach of her visa conditions. She can only work for her tier 2 sponsor, or for a new tier 2 sponsor. If she is currently unemployed, she cannot even do the 20 hours per week in the same SOC and job level as her tier 2 job.

It's confusing, because on one hand she does not have right to work the UK, but then for those freelance gigs she will not be employed by a UK company. She's obviously happy to pay taxes in the UK since this is where her tax residency is.

She cannot do this, it is a breach of the tier 2 visa conditions.

Forgot to say - Thank you!
This is really strange though. Why would it matter if someone is earning income outside of the UK while temporarily residing in the UK. I understand why HMRC would want to be made aware of the income, but not the Home Office...

[CR001]

She is IN the UK while doing this work. While within the UK, she can only work for her tier 2 sponsor. She cannot do any other work.

[Deral]

She is IN the UK while doing this work. While within the UK, she can only work for her tier 2 sponsor. She cannot do any other work.

Thanks!

[Deral]

Hello,

A follow-up question on this topic.

The person has applied for Tier 2 visa with a new employer. As per COVID related guidance, she can start working while waiting for the visa but the employer prefers to wait till the visa is issued.

She has an opportunity to do freelance jobs through an online platforms like Fiver and Upwork. She would like to take some jobs there up to 20 hours per week, now and also once she starts her main employment.

Question 1: Can she take those jobs up to 20 hours per week now, while waiting for the visa approval?

Question 2: Once the visa is approved and she starts her employment, what does she need to do in order to prove that those freelance jobs are "the same profession as your main job and at the same level", as it is required by the law?

[CR001]

She has an opportunity to do freelance jobs through an online platforms like Fiver and Upwork. She would like to take some jobs there up to 20 hours per week, now and also once she starts her main employment.

Question 1: Can she take those jobs up to 20 hours per week now, while waiting for the visa approval?

No she cannot. She can only do 20 hours per week supplementary employment IF she is working for her tier 2 sponsor full time. She can also only do the supplementary employment IF it is at the same level and SOC of her tier 2 sponsor. She cannot do freelance work, which would be classed as self employment. This is NOT permitted on Tier 2.

Question 2: Once the visa is approved and she starts her employment, what does she need to do in order to prove that those freelance jobs are "the same profession as your main job and at the same level", as it is required by the law?

Nothing she needs to do but she cannot do self employment work. She can only do supplementary employment for a company as PAYE employee.

[Deral]

Thank you so much!