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CAN I BE SELF-EMPLOYED ON A TIER 2 GENERAL / SKILLED WORKER VISA?

Tier 2 General / Skilled Worker visa holders must be sponsored by an employer in order to work legally in the United Kingdom. 

As a result, you are not permitted to start a business (self-employed) in place of or in addition to your primary sponsored employment without first obtaining an Innovator or Start-up visa, or a Tier 1 Entrepreneur or Global Talent visa.

However, in some cases, you may be able to work independently for a Tier 2 General / Skilled Worker sponsor. Information on this topic can be found in the Guidance for sponsors document, namely under section S1.29. See related link here: https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-2-sponsor-a-worker?fbclid=IwAR3ORo-bIm_FkG6F7GJGH1cjgTIGvP8iFc7Z-cGYX0VkscJZnnnLd8BEMno

What follows is a summary of the contents of this document:

For the worker to be considered “self-employed,” a valid contract for employment or services must exist between you and the worker. 

With an employer’s sponsorship and a properly drafted contract in hand, a Tier 2 General / Skilled Worker visa holder can work independently in the United Kingdom. 

This means, in layman’s terms, that if a company sponsors you and provides you with a clear contract outlining the task you have been contracted to complete with them, then you can work as a self-employed person while holding a Tier 2 General / Skilled Worker visa. 

The sponsor is also legally obligated to pay you at least £25,600 per year, or the minimum remuneration required by your position according to the applicable SOC code if it’s higher.

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If you want to instruct me, please email donm@queensparksolicitors.co.uk or call our telephone number: 02036437508.

Categories: Home, UK Immigration

1 reply »

  1. Question, what if my sponsored employer does not follow the rate for me that is written in the contract? It is less than what is should be. Can I look for another job?

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