Reply to: Is it legal to work on a second contract, while you are already working on one?

[darmstadt]

i am on tier1 (hsmp) in uk...and hence employed with a company over there...I am only working for a client of theirs over here

Time to get myself a reward from the Finanzamt

[Paddy]

i am on tier1 (hsmp) in uk...and hence employed with a company over there...I am only working for a client of theirs over here

Where is “here” and “there”.

A Tier1 (HSMP) is only for work in the UK not the EU. If you are working in the EU other than the UK you need a work visa even it is part of a UK company.

Eg. If the UK company sends you to its German branch they must apply for a intra company transfer visa. Your Schengen visa (if you have one) is not for work, it is merely for travel.

As a matter of interest; what is your skill?

[sunnyboy]

Shouldn't you be paying tax in Germany? It seems odd that you would be tax resident in the UK.

i am on tier1 (hsmp) in uk...and hence employed with a company over there...I am only working for a client of theirs over here

[doodab]

oh yes...and i pay tax in UK...through a payroll management company...

Shouldn't you be paying tax in Germany? It seems odd that you would be tax resident in the UK.

[NotAllThere]

No I am not British/EU

I am working in germany for which i have a work visa...but I can travel wherever in EU...

but the other client is in another EU country and has an urgent requirement for only a week...

So I think I can go there, do the job, come back in a week...and noone will notice when I came and went :-p

Most likely, you have a Schengen visa permitting you to travel with the Schengen zone. You do not (probably) have a Schengen wide work permit. Therefore you will probably be breaking the law of the other country.

If you are caught, you may find that you are blacklisted from the Schengen zone altogether. And good riddance for abusing the system.

[Paddy]

HSMP visa allows to do that without problems, or start your own company, or just be permanent employee.

In your day; yes. Not any more, the system has changed.

[SizeZero]

oh yes...and i pay tax in UK...through a payroll management company...

I am working in germany for which i have a work visa...but I can travel wherever in EU...

How does that work? Working in Germany and being paid in the UK although you're not British?


I don't know how German visas work, but I highly suspect that you have a Schengen visa - and you need to look up the rules for that. It basically allows you to travel (for the purpose of your business or for leisure) in countries signed up to the Schengen agreement: the UK is NOT one of them (I'm guessing you have a chance to work in the UK; why else would you be on a UK site?).

It is not permission to work around Europe for different companies: in fact that would give you equal status with a European citizen - which you are not - and for that reason it's not allowed.

You are a 'guest worker' in whichever country gave you your job and work permit (ie. Germany) - when that employment comes to an end, you are expected to leave and return to your 'home' country. IANAL but I think what you are doing is not going to be legal.

[sunnyboy]

Silly question I know but how will you get paid for this work?

I think it will be through some umbrella company in uk i guess...but definitely in uk...

[AtW]

However, none of the visas are indented to be used to work under umbrella companies.

HSMP visa allows to do that without problems, or start your own company, or just be permanent employee.

[Pondlife]

Silly question I know but how will you get paid for this work?

[sunnyboy]

There are lots of people tax but this does not mean that the work arrangement is legal. Normally, a work permit would be sponsored, or a company transfer visa or you would have a visa for “highly skilled” workers status in which case you would be free to move from employer to employer. However, none of the visas are indented to be used to work under umbrella companies.

I do have friends from South Africa and Ghana doing the same and I know the limitations of the system. The problem is that the UK visa system is massively over subscribed and massively abused

What about this second contract thing in EU then??? Should I go for it???

[Paddy]

oh yes...and i pay tax in UK...through a payroll management company...

There are lots of people tax but this does not mean that the work arrangement is legal. Normally, a work permit would be sponsored, or a company transfer visa or you would have a visa for “highly skilled” workers status in which case you would be free to move from employer to employer. However, none of the visas are indented to be used to work under umbrella companies.

I do have friends from South Africa and Ghana doing the same and I know the limitations of the system. The problem is that the UK visa system is massively over subscribed and massively abused

[AtW]

If he/she is from outside the EU and working via an umbrella company then the chances are that arrangement is illegal never mind taking a second contract.

And what makes you so sure that this illegal?

[sunnyboy]

No I am not British/EU

I am working in germany for which i have a work visa...but I can travel wherever in EU...

but the other client is in another EU country and has an urgent requirement for only a week...

So I think I can go there, do the job, come back in a week...and noone will notice when I came and went :-p

oh yes...and i pay tax in UK...through a payroll management company...

[sunnyboy]

Can you give more details? Are you British/EU
working offshore or offshore working in the UK?

No I am not British/EU

I am working in germany for which i have a work visa...but I can travel wherever in EU...

but the other client is in another EU country and has an urgent requirement for only a week...

So I think I can go there, do the job, come back in a week...and noone will notice when I came and went :-p