This question always comes to the mind of employers and employees on a skilled worker visa and the answer to this is not a straight forward one. Generally, self-employment is suitable for certain roles where there is a clear contractual agreement. Even though there is a contract the ultimate responsibility for assignment of the duties and functions of the employee will be with the organisation sponsoring the individual.
For example – A dentist or a doctor has a contract and work on self-employed basis. Their work includes NHS patients and private patients. The money is received by the practice and the employee invoices according to the hours they worked or patients they saw. The amount of money must meet the Appendix Skilled Occupation requirements or the minimum salary requirement whichever is higher.
The sponsoring company has the responsibility of compliance in connection to the worker even though they are self -employed. The self-employed worker must take care of their taxes and make sure that their gross taxable income is according to the CoS assigned to them.
The self-employment generally accepted in medical roles, however, where the person is paid on hourly basis or a fixed salary by the sponsor such roles cannot work on self employed basis.
Even though you may be a self-employed individual you can take on supplementary employment up to a maximum of 20 hours per week. Such work should be outside your working hours with the main employer who is sponsoring you.
The supplementary employment must be in the same profession for example you are sponsored as a care worker, you can work 20 hours with another employer only as a care worker and not in another job title.
The sponsor who has sponsored the worker has the duty of maintaining compliance. So, if the hours change for self-employed worker these must be reported as if the worker was employed. All sponsorship duties must be taken seriously by the sponsor as non-compliance amount to breach of compliance duties which can result in revocation of the sponsor licence.
No, working on a contract is not similar to self-employment. If your employer has employed you to fulfil contractual obligation for example IT software development, then the employee can be sponsored as a worker to complete the contractual obligation and they cannot be considered as a self-employed.
The responsibility of the worker always remains with the sponsoring organisation even though the employee is completing the work at another organization’s premises.
While there is some flexibility around self-employment, UK Skilled Worker visa holders must:
Due to the complexities involved, it’s always a good idea to seek legal advice before engaging in any form of self-employment while on this visa.
Visa and Migration Ltd provides tailor made services for organisation and provides confidential advice to organisations looking to employ migrant workers. For advice and assistance contact our team on 02034111261
...
