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Thomas
Thomas, Lawyer
Category: UK Law
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Good evening, I am employed on a Tier 2 working visa in

Customer Question

Good evening,

I am employed on a Tier 2 working visa in a SOC code pertaining to IT/technical systems. It's my understanding that this means I cannot, for example, write freelance op-ed articles for newspapers and trade publications because that is outside of my sponsorship area. Is this correct? Or could I pitch articles as long as I am not paid for them? Would it then be considered voluntary work?

Thank you.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Would you actually be paid for them?

Tom
Customer: replied 1 year ago.

Thank you Tom. It varies based on publication; some will treat pitches as freelance submissions and pay a fee in exchange while others won't. The Guardian, for example, generally pays for submissions that it publishes but the contributor can choose to donate the fee to a charity of their choice.

Expert:  Thomas replied 1 year ago.
I am now on my way to work. May I please answer at 9am?
Customer: replied 1 year ago.

Yes, of course, whenever you are ready with the answer is fine. Thank you.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

My view is that the by writing op-ed pieces you would effectively be doing a type of work other than your sponsored employment. This is because you would be doing the work of a write as opposed to your technicaly IT role.

On this basis I don’t think you could argue that it was “supplementary work”, for which you would not need to inform the UKBA.

If you were to not be paid for the work then you would probably be able to argue that it is “voluntary work”, in which case – provided you were not paid – you would not have to inform the UKBA.

The relevant link is here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/workingandconditions/

And the policy guidance here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/tier2-guidance.pdf

This is my view. You may consider informing the UKBA if you propose to regard this as voluntary work.

If you wished to be paid for the work then it would be regarded as “secondary work”, in which case the requirements (as you will see) are that you must inform the UKBA and seek a new certificate of sponsorship. I suppose the difficulty with this is that you would not have one sponsor and would presumably be writing for a few publications.

The difficulty generally is that I don’t think you could argue that it (writing) was the same profession as your sponsored role, thereby making it very, very difficult to confidently argue that you are allowed to 1) not inform the UKBA and 2) be paid for it.

I am sorry.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, that is what I thought also. I appreciate the confirmation. I've rated your answer.

Expert:  Thomas replied 1 year ago.
No problem. Thanks for rating my answer.

Tom

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