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25 January 2024 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> Can a Skilled Worker be self-employed rather than employed ? The answer is “Yes”, but in a number of limited cases. A Skilled Worker migrant can be self-employed. For example, an equity partner in a law firm (who would always be someone who is self-employed rather than an employee) can be sponsored under the Skilled Worker route. The "Sponsor a Skilled Worker" guidance clearly envisages this as a possibility: What the CoS must confirm SK11.17. For a CoS to be valid, it must meet the requirements set out in paragraphs SW 5.1 to SW 5.6A of Appendix Skilled Worker to the Immigration Rules. SK11.18. It must confirm all of the following: […] • the Pay As You Earn (PAYE) scheme reference number under which the worker will pay income tax and national insurance – if you are not required to operate PAYE on the worker’s earnings (for example, if the worker is covered by an exception set out in HMRC EP Appendix 4, or is self-employed), you must explain this on the CoS S1.29 of Part 2 of the Worker/Temporary Worker sponsor guidance provides the following clarification: S1.29. If the worker is self-employed, there must be a genuine contract for employment or services between you and the worker. This contract must show: • the names and signatures of all involved (which must include you and the worker) • the start and end dates of the contract • details of the job, or piece of work, the worker has been contracted to do • how much the worker will be paid >>> UK Employer Sponsorship AUTOMATIC license extension From the Home Office: “FOR THE ATTENTION OF ALL SPONSORS WITH A LICENCE EXPIRY DATE ON OR AFTER 6 APRIL 2024: From 6 April 2024 we will remove the requirement to renew your sponsor licence. If your licence is due to expire on or after this date you will no longer need to apply to renew your licence or pay a renewal fee. To prepare for this, we have extended licence expiry dates on all licences due to expire on or after 6 April 2024 by 10 years. You do not need to take any action. If you have already received a notification to renew your licence, please ignore it. You can select the “Licence Summary” function in SMS to view your licence expiry date. Information on the renewal process can be found in the Workers and Temporary Workers guidance Part 3 or Student sponsor guidance Document 1. If you have already made an application to renew your licence we will contact you shortly and arrange to refund your renewal fee.”

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