Worries on work permit

[tery]

Hi all,

Had been following the forum closely but could not find a similar issue as mine.

I am currently full time employee on a 5 yr work permit (old scheme). However, i am also registered as self-employed with HMRC and got an UTR for 2 years now. I have also been paying my yearly income taxes (self assessment) and class 2 NI to HMRC.

I've only noticed not too long ago that i am not suppose to go on self-employment on a work permit.

I am now worried that this will affect my ILR or any other applications in future.

I am also planning to get married in the UK this year, my fiance is a british citzen.

Can someone please advise on what could be my options and chances to get this right?

Thanks.

[mt_dilber]

Hi all,

Had been following the forum closely but could not find a similar issue as mine.

I am currently full time employee on a 5 yr work permit (old scheme). However, i am also registered as self-employed with HMRC and got an UTR for 2 years now. I have also been paying my yearly income taxes (self assessment) and class 2 NI to HMRC.

I've only noticed not too long ago that i am not suppose to go on self-employment on a work permit.

I am now worried that this will affect my ILR or any other applications in future.

I am also planning to get married in the UK this year, my fiance is a british citzen.

Can someone please advise on what could be my options and chances to get this right?

Thanks.

You need to find out whether the rule defining that u can't be self employed on WP, was in practice at the time when u got ur WP, if yes then there is worry and u should seek help frm immigration lawyer. If not then current rule does not apply on u as far as i know.

[ALI74]

Work Permit holders are not allowed to work selfemployment but they can get self assessment as long as the work permit holder is not engaged in self employment.
The best advise would be to see an Accountant

[tery]

Many thanks for the replies!

I've registered self assessment service at HMRC because i wanted to make sure i am paying the necessary taxes. I've also hired an accountant to help and submit my accounts yearly.

Work Permit holders are not allowed to work selfemployment but they can get self assessment as long as the work permit holder is not engaged in self employment.
The best advise would be to see an Accountant

ALI74 - Hm, I've always thought that self assessment means being self employed. Guess i've got this wrongly?

Where can i find the definition of "self employment" as stated in UKBA?

mt_dilber - any idea where i can find the information you've mentioned? (ie: the rules during my WP application). Are there any archives i can search？

Thanks again! really appreciate your help and replies!

[tery]

Hi guys,

Just an update from my findings:

I called the Work Permit department at UKBA today and asked about my situation.

They've confirmed that work permit holders can go on self employment for supplementary work. As long as you are in the same profession level and not over 20 hours per week. Invoices must be kept to prove the hours agreed weekly.

But i am confused as it is stated (sorry i just want to confirm things so badly!):

The work permit holder is not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us.

Take from:
http://webarchive.nationalarchives.gov. ... mployment/

So which one should i follow? The calls are recorded (as stated in the beginning of the call), will this help if they turn around and say no in future?

Please advise!

Thanks!

[geriatrix]

Neither WP holders nor Tier 2 migrants can be self-employed.

What a telephone support executive may have told you on a day has no meaning / relevance. UKBA staff is known for providing inaccurate / out-of-date information.

[tery]

Thanks sushdmehta. Appreciate your reply.

What do you think on the situation i've given above? Any advice?

Thanks

[geriatrix]

If you are / have been self-employed, you've been in breach of immigration conditions so be prepared for this to bite you back someday (or not, if you are lucky). Also, cease self-employment and cancel all associated registration(s).

[tery]

Thanks sushdmehta!

By the way, do you deal with visas application and etc?

[rbk1597]

Pips, i think this all depends on your definition of self-employment.
Like the HO indicated, migrant workers are allowed to take supplimentary work, provided its in line with your permitted work.
So if I am a software developer. If another company wants to consult me on a certain project, or to develop a specific application for then, or to analyse some of their work, AND I do this out of my normal hours, for 5 hrs a week, AND they pay me directly for my services via a cheque. I pay my tax dues on this income as necessary.
Can this be considered to be self-employment or supplimentary work?

[milan_ns]

Pips, i think this all depends on your definition of self-employment.
Like the HO indicated, migrant workers are allowed to take supplimentary work, provided its in line with your permitted work.
So if I am a software developer. If another company wants to consult me on a certain project, or to develop a specific application for then, or to analyse some of their work, AND I do this out of my normal hours, for 5 hrs a week, AND they pay me directly for my services via a cheque. I pay my tax dues on this income as necessary.
Can this be considered to be self-employment or supplimentary work?

I think you have there quite an accurate definition of self-employment

- Doing contract work = self-employment
- Being employed on part-time basis in a separate company = NOT self-employment

[johnsmithq]

Hi,

There is another forum with the subject self employment that brought my attention to the fact that the government have removed the restrictions of running your own business.

May be you should look more into this, i didn't see any announcement from the government around this, but then why would they remove such important condition.

The fact as well that this might coincide with the plans of the new government to open up for business. As it doesn't make sense if they prohibit you from openning your own business even if you are on a sponsored contract as your small business might launch to a big company later on.

Also you said you phoned the home office and they said you can, i see that this provides more confirmation of the new situation.

May be it is worth checking with an immigration law firm.

John