SOC experienced rate -income from self employment and salary

[chykeo]

Hi all, I am a current Tier 2 General visa holder that is valid until July 2016. I will be applying for an extension by June 2016.

The (SOC) appropriate salary rates for my job is New entrant: £24,700 / Experienced: £31,000
My first application for Tier 2 was done from the Post Study visa route hence I was classed as a new entrant.
My salary is currently below the experienced but above the new entrant rate and I am also self employed doing the same type of job I was sponsored for.

1. At the point of my extension will I be classed as experienced?

2. If yes, can I combine the salary from my sponsored job and income from self employment to make up the experienced rate of £31,000.
e.g. My employer will put my salary on the certificate of sponsorship whilst I provide my bank statement and supporting documents to show income from being self employment.

Please any help will be helpful as I can't find anything online about this

[mansoorash]

Unfortunately, that is not how it works. Perhaps you are confusing Tier 2 with the good old HSMP where you were allowed to make up a figure from any means as long as it amounted to £35,000 in order to get the visa.

Self-employment is a business and Tier 2 rules specifically prohibit any business activity, so effectively you are breaking the rules, i am afraid. And yes, you will be classified as an experienced employee while applying for your extension no matter if you were initially classified as a new entrant due to your PSW.

[iworker]

I dont think the OP is breaking the rules as he is allowed to do 20 hours extra work in same SOC code like he mentioned.
but he will need experienced rate for a cos to be valid, once he is going to apply for extension.

[chykeo]

I dont think the OP is breaking the rules as he is allowed to do 20 hours extra work in same SOC code like he mentioned.
but he will need experienced rate for a cos to be valid, once he is going to apply for extension.

You are right. Tier 2 general visa allows this and my employer is also aware

Quote from https://www.gov.uk/tier-2-general

You can:
work for your sponsor in the job described in your certificate of sponsorship
do a second job in the same sector and at the same level as your main job for up to 20 hours per week
do a job which has a shortage of workers in the UK for up to 20 hours per week
do voluntary work
study as long as it doesn’t interfere with the job you’re sponsored for
travel abroad and return to the UK
bring family members with you

So can I combine my salary and income from self employment to make up the experienced salary rate?

[mansoorash]

Since when Self-employment became employment? The rules clearly state that you can do a "job" which means you can be on someone's payroll for no more than 20 hours/week.

Self-employment requires a yearly self-assessment return and effectively a business/trade and it's most certainly not classified as a "job".

[chykeo]

Since when Self-employment became employment? The rules clearly state that you can do a "job" which means you can be on someone's payroll for no more than 20 hours/week.

Self-employment requires a yearly self-assessment return and effectively a business/trade and it's most certainly not classified as a "job".

Thanks for clarifying that but I still need to know if I can combine my payroll from two jobs to met the experienced salary rate?

[iworker]

as mentioned before, u cant combine the two earnings.
with not getting the right rate on your main job, your cos will not be eligible for the extension.

[chykeo]

as mentioned before, u cant combine the two earnings.
with not getting the right rate on your main job, your cos will not be eligible for the extension.

Thank you