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Skilled worker supplementary work

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

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

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AJ001
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Posts: 12
Joined: Sat Nov 04, 2017 1:50 pm
Pakistan

Skilled worker supplementary work

Post by AJ001 » Mon Jul 01, 2024 9:42 am

Hi,

I am on a skilled worker visa whereas my wife is on a skilled worker dependant visa and is the director of a limited company in UK. Sometimes, I work as an employee for my wife's company (meeting the supplementary work requirements e.g., 20 hours, same job code, outside normal working hours).

My question is that my wife is my dependent and If I do paid work in her company, am I violating immigration rules or will it affect my ILR application in any extent?
Thanks

AJ001
Newly Registered
Posts: 12
Joined: Sat Nov 04, 2017 1:50 pm
Pakistan

Re: Skilled worker supplementary work

Post by AJ001 » Tue Jul 02, 2024 8:42 pm

I understand that it's a little tricky question and supplementary work requirements do not stop me from working in the family company. I would appreciate your response. I can stop working in my wife's company if there is any breach or will cause an issue in the ILR application (due in June 2026).

Thanks

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Frontier Mole
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Posts: 4430
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Skilled worker supplementary work

Post by Frontier Mole » Wed Jul 03, 2024 2:17 pm

There is no issue working for your wife's company as the guidance allows you to do that as an employee.

The potentially questionable areas are -
is the role you are sponsored to undertake and that the role in your wife's company truly the same?
is the activity you are undertaking in your wife's company really just a way to hide under the radar of working as self employed?
is there a system to monitor and record the hours worked to ensure you never exceed 20 working hours in any one week? If so how robust is the system?
are you receiving payslips and accounting for PAYE?

You will have to assess the benefits versus the risks and make the decision whither this is worth the returns.

AJ001
Newly Registered
Posts: 12
Joined: Sat Nov 04, 2017 1:50 pm
Pakistan

Re: Skilled worker supplementary work

Post by AJ001 » Wed Jul 03, 2024 3:30 pm

Frontier Mole wrote:
Wed Jul 03, 2024 2:17 pm
There is no issue working for your wife's company as the guidance allows you to do that as an employee.

The potentially questionable areas are -
is the role you are sponsored to undertake and that the role in your wife's company truly the same?
is the activity you are undertaking in your wife's company really just a way to hide under the radar of working as self employed?
is there a system to monitor and record the hours worked to ensure you never exceed 20 working hours in any one week? If so how robust is the system?
are you receiving payslips and accounting for PAYE?

You will have to assess the benefits versus the risks and make the decision whither this is worth the returns.
Thank you for your response.

I am working in same job with main Employeer as my wife company services are (we are from same field). She was working on a freelancing website (with UK based client) before she moved to the UK as my dependent. After moving to UK, she has opened the company. I work in her company on a zero hour contract basis, so no regular work and it's been 13 months only. In total, I took approx. £2500 against 3 months using PAYE (keeping the limit of 20h/week). The problematic area is how to demonstrate that 20 hours limit never reached. Only through pay slips ?

I am considering to stop working in her company to avoid any risk as I have my ILR in mid of 2026. I believe that's the best option.

Moreover, when it comes to ILR, does OH verify the PAYE accounts for last 12 months or 5 years ?

Thanks

AJ001
Newly Registered
Posts: 12
Joined: Sat Nov 04, 2017 1:50 pm
Pakistan

Re: Skilled worker supplementary work

Post by AJ001 » Thu Jul 04, 2024 5:05 pm

She has sub-contracts and various teams in place to carry out the work. I am not working or taking salary no point to stay in the company, I will leave zero hour contract.

For ILR, should I submit P45 and P60 from all jobs (including supplementary) I did or just current main employer letter ? Moreover, HO verifies 1 month, 12 months or 5 years PAYE records ?

Thanks

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