Supplementary Employment

neeenu · Post by **neeenu** » Mon May 06, 2013 4:36 pm

Hi,
I am a tier 2 general migrant . Now I am offered a job which is 2-3 hours a week by an agency . The offered job is at the same level and profession as of my COS but not offered by my sponsor employer. Can I take up this as supplementary employment? if yes do i need to pay tax/NI on this income. Will this affect my ILR application in he future?

Post by **Lucapooka** » Mon May 06, 2013 5:12 pm

All income is subject to tax. Whether or not you actually pay tax depends on your income as a whole. It's up to your employer to deal with your PAYE tax, and this would be based on the information you provide. If they do not perform this, then you would be self-employed, and that is not permitted as supplementary employment under Tier 2.

neeenu · Post by **neeenu** » Mon May 06, 2013 6:36 pm

Thank you for the reply. If I am paid via invoices it is unlikely that they will be doing PAYE tax. So what is way around ?

Post by **Lucapooka** » Mon May 06, 2013 8:29 pm

The agency would have to employ you. I imagine they would be unwilling to do that so perhaps you will have to find alternative employment.

Post by **manci** » Tue May 07, 2013 2:00 pm

neeenu wrote:Please can you explain me about the supplementary employment in TIER 2 General?
Q1 : If I work for another company(B) for 20 hours at evening from remotely (same level and similar tasks that I am doing for Company A) then will it act as a supplementary employment.

Q2: Who will pay the tax company (B) or I can pay the tax .

Q3: Company B wants to make it 6 months fixed Contract. Because they are was my first TIER 2 Sponsor company and they want support from me and within 6 months they will sort out my gap.
company B proposing me to pay tax myself.

Your kind help will be highly appreciable and help me lot.

Lucapooka already answered your questions.
See also paras 207-208 of the T2 policy guidance which contain the rules you have to comply with when taking supplementary employment.
You can have a 6 month employment contract with company B but only if they take you on their payroll which would involve deducting tax under PAYE.

.

neeenu · Post by **neeenu** » Sat May 11, 2013 11:57 am

if the company pay by checque will the home office be able to find out this?
Am i supposed give the details at the time of ILR application?

Post by **Lucapooka** » Sat May 11, 2013 12:50 pm

Are you asking for tips on immigration fraud? You are in the wrong room!

neeenu · Post by **neeenu** » Sat May 11, 2013 3:31 pm

Sorry. I am with good intentions. The full story is like this. I contacted HMRC when I started to work extra than my tier 2 visa job. They asked me to send an application,which i did and gave tax exemption certificate stating you don't have to pay anything as tax from your earnings is less than £5000/year. I was in the impression that HMRC understood everything about supplementary employment and the rules I explained to them. Then almost one year later, I read from this forum or home office website that it will be considered as self employment which is against rules. So I am confused and fearing whether it will affect my ILR application next year. When you are with family it is very difficult to manage with your salary alone. Also we cant get child care support . so please understand the situation

Post by **Lucapooka** » Sat May 11, 2013 6:06 pm

HRMC are not the UKBA, are not concerned with a migrant's permission to work, and are not in a position (certainly not the telephone help-line) to offer advice on a migrant's permission to work.

neeenu · Post by **neeenu** » Sun May 12, 2013 8:51 am

Now I am thinking of writing to HMRC to withdraw that certificate and ask the employer to do PAYE tax. Do you think that will be a step in right direction. Even if they do that I am worried about UKBA saying I breach of immigration laws at the time of ILR application. Please the GURUs in this forum help me in this regard

Post by **manci** » Sun May 12, 2013 8:06 pm

neeenu wrote:Now I am thinking of writing to HMRC to withdraw that certificate and ask the employer to do PAYE tax. Do you think that will be a step in right direction. Yes, it would be a step in the right direction

Even if they do that I am worried about UKBA saying I breach of immigration laws at the time of ILR application. Cross that bridge when you come to it, you may need professional help at that point.Make sure you keep all records relating to the supplementary employment (contract, payslips,HMRC correspondence, etc)

Please the GURUs in this forum help me in this regard

neeenu · Post by **neeenu** » Tue May 14, 2013 5:52 pm

I have contacted ukba on phone regarding this. The lady over the phone told me anywhere in the guidance it is not stated that you can't be self employed for supplementary employment. I have also gone through the Part 6A - Points-based system + the tier 2 guidance pdf document and couldn't see this. There is a self employment clause in old work permit conditions of stay. Is it they dropped this when moved to tier 2 ? More confused now. please help

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Supplementary Employment

Supplementary Employment