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Tier 2 General - Supplementary work

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

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jkcool
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Tier 2 General - Supplementary work

Post by jkcool » Tue Oct 29, 2013 3:59 pm

Hi,

I am on Tier 2 General and work as a web developer. One of my friend is starting a company and might have a web development work 3-4 hours a week for 1-2 months.

Will I be able to work on as UKBA says that I am allowed to have supplementary work without any permission based on following conditions.
  • the supplementary work is at the same professional level as the job specified on the Certificate of Sponsorship, e.g. it is paid at the same level;
    the supplementary work is for no more than 20 hours per week; and
    the supplementary work is outside the working hours covered by the Certificate of Sponsorship.
If I am allowed , do I need to provide that in P45 ?

JK

Lucapooka
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Post by Lucapooka » Tue Oct 29, 2013 4:16 pm

You have stated the requirements correctly. We don't you or anything about you so, therefore only you will be able to determine if you meet those requirements. You don't need a P45 as that would only come at the end of your work.

jkcool
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Post by jkcool » Tue Oct 29, 2013 4:25 pm

Thank you for the reply.

But how should I notify HMRC know about the salary that I got from my supplementary work. At the max, it may be £500 or - £600.

Lucapooka
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Post by Lucapooka » Tue Oct 29, 2013 4:35 pm

You don't need to notify HMRC as the work has to be under the PAYE system and so they will be readily aware of its existence. The entity will have to employ you; as a T2 migrant, you can't be self-employed for supplementary work.

jkcool
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Post by jkcool » Tue Oct 29, 2013 4:37 pm

Thank you for the clarifications.

manci
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Post by manci » Tue Oct 29, 2013 6:41 pm

Lucapooka wrote:as a T2 migrant, you can't be self-employed for supplementary work.
http://www.immigrationboards.com/viewto ... plementary
594 in the old T2 sponsor guidance is 571 in the current guidance

Lucapooka
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Post by Lucapooka » Tue Oct 29, 2013 8:04 pm

571 is not related or with reference to supplementary employment and it is incorrect to make that connection. Furthermore, as the supplementary employer does not need to be an approved sponsor of migrant workers, the entity would not refer to, or be governed by the T2 sponsor guidance. Therefore citing that guidance is not appropriate as it is instructions to sponsors rather than migrants.

manci
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Post by manci » Tue Oct 29, 2013 9:39 pm

As there is no explicit guidance in the immigration rules or the guidances about self-employment in the context of supplementary work one has to rely on the interpretation of what there is.

The combination of the definition of employment in immigration rule 6 and para 571 in the T2 sponsor guidance led me to the view that supplementary work and self employment are not incompatible provided there is proper documentation, i.e. a contract, but of course you are right that employers are only bound by the guidance if they are also sponsors.

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