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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Categories: Home, UK Immigration
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?
You can either make a complaint to your employer and if not successful, proceed to Employment Court or Labor Arbitration. Yes it is possible to look for a job but you need to meet the requirements of the Immigration Rules. DISCLAIMER: All information posted is merely for educational and informational purposes. It is not intended as a substitute for a professional advise. Should you decide to act upon on the information on this website, you do so at your own risk. If you want a personalised advise, please email me at donm@queensparksolicitors.co.uk.