My question is about working self-employed in England. The visa type I'm interested in only allows me to become a self-employed individual and requires me to pay tax depending on my income. So, in my case, this means that I can only offer my services to different clients/companies not as a permanent employee but as a freelancer. This is where my worries start. How do I find out what sort of contract I would be offered (before entering England) if I started doing some work in England. OR would companies help me out on this by drawing up a contract special to my circumstances? If not, How am I supposed to prove to the Home Office that my deals with the clients/companies are all legit and in compliance with the restrictions of the visa?
According to HMRC's website on employment status:
Employment status isn't a matter of choice for either you or your workers. It's a matter of fact, based on key terms and conditions of your working relationship with them - for a list, see the next section. In most cases these terms and conditions will be reflected in your contract with the worker. But even if a contract says a worker is self-employed, if the facts indicate otherwise then the worker may be your employee.
In most cases, employment status is straightforward. As a general rule, a worker is:
- employed if they work for you and don't have the risks of running a business
- self-employed if they're in business on their own account and are responsible for the success or failure of their business
The website lists a number of points to consider when determining the status, and there is also an interactive tool that helps you determine the status online.