# Remote Working Indian in UK? Allowed?



## a3669007 (Sep 24, 2014)

I am an Indian student, just moved into the UK. Is it possible(legally) for me to work remotely for an Indian company. The Indian company is owned by me and is registered with all the necessary authorities in India(bank accounts, tax registration etc.). As my Tier 4 visa doesn't allow me to work as a freelancer, I think this would be the easiest way to work online(I want to sell web templates, themes etc on the web).
The products that would be sold on the web would be digital products and would be sold by the Indian company as well as will own the rights.

Now is this plan legally possible? Should I go for it?

Is there any tax liability in the UK for me? No income would be received by me or be in my name. In fact no income would be transferred into my account.

Any suggestions?


----------



## _shel (Mar 2, 2014)

If the company is owned by you no it is not allowed, that is self employment.


----------



## ashkevron (May 1, 2012)

_shel said:


> If the company is owned by you no it is not allowed, that is self employment.


I am not too sure, but I think if the company is owned by him and registered in India, the income is all received by Indian banks, he uses his Indian cards to withdraw the money and he does not use the fact that he lives in Britain to advance his business, he may be OK. But I'm not too sure about this.

I do a similar sort of thing and, as I stated somewhere earlier, when I applied for a UK tourist visa many years ago (some 8 years or so I think it was, back in the day when you still went to the embassy to apply), and I was self-employed, I did specifically ask whether I can continue to do my job while in the UK and the answer was that I could as long as I did not work for any new British companies or use the fact I was in Britain to get more work. I then asked for some senior person to confirm this as I did not want to break any immigration laws and that person again confirmed it was fine. 

However, I did not possess a British bank account, I was still resident in my own country despite the prolonged, four month holiday in the UK and I never even informed any of my clients I was in a UK as they don't care and all this happened a long time ago. I am not sure it would still apply for someone who has a visa to stay in the UK for more than six months. 

The way it was explained to me, for immigration purposes, "work in the UK" back then was understood to mean work in such a way that one is actually taking UK jobs available to people settled in the UK or using their presence in the UK to get work. I am not sure if some new guidelines were written in the past eight or so years which explain the situation specifically in regards to online work.

My advice would be, do try and get some sort of an official response about this from UK immigration people. It will probably mean you have to send off dozens of emails and spend a fortune calling official government immigration help lines (if they still exist these days), but with a bit of luck, you may be able to get some sort of an official response, one way or the other and then you can go with that. I think it's worth trying to get an official response because, even though I think that in your case it's probably not legit, there is still a chance that it might be.


----------



## nyclon (Apr 3, 2011)

ashkevron said:


> I am not too sure, but I think if the company is owned by him and registered in India, the income is all received by Indian banks, he uses his Indian cards to withdraw the money and he does not use the fact that he lives in Britain to advance his business, he may be OK. But I'm not too sure about this.
> 
> I do a similar sort of thing and, as I stated somewhere earlier, when I applied for a UK tourist visa many years ago (some 8 years or so I think it was, back in the day when you still went to the embassy to apply), and I was self-employed, I did specifically ask whether I can continue to do my job while in the UK and the answer was that I could as long as I did not work for any new British companies or use the fact I was in Britain to get more work. I then asked for some senior person to confirm this as I did not want to break any immigration laws and that person again confirmed it was fine.
> 
> ...


With the speed and frequency that immigration laws and rules change in the UK, advice received 6 months ago is bound to be out of date much less 8 years ago. In fact, you can't work or volunteer on a visit visa and that includes working remotely for a company in another country. 

Additionally, where the company is registered is immaterial as self-employment is not allowed on a Tier 4 (except under some very specific conditions).


----------



## Jrge (Mar 22, 2011)

Hi,


nyclon said:


> With the speed and frequency that immigration laws and rules change in the UK, advice received 6 months ago is bound to be out of date much less 8 years ago. In fact, you can't work or volunteer on a visit visa and that includes working remotely for a company in another country.
> 
> Additionally, where the company is registered is immaterial as self-employment is not allowed on a Tier 4 (except under some very specific conditions).


I understand the principle of self-employed and the limitations imposed by UK immigration rules, but out of curiosity: wouldn't the exposed scenario fall under self-sufficent as well? Whilst OP will still manage/promote/direct his Company, he can easily just receive a compensation as a Director or silence partner of the same. 

But then, the taxation question comes into place as well. Worldwide income is taxable in UK (same as in Canada). But, how to report it when an economic activity is not authorized?

I'm just following a new social and electronic Trent on this subject. 

Animo
(Cheers)


----------



## _shel (Mar 2, 2014)

So not only breaching visa conditions but will also commit tax evasion OR let UKVI know he is breaching visa conditions by paying tax owed. Hysterical and illegal.


----------



## ashkevron (May 1, 2012)

nyclon said:


> With the speed and frequency that immigration laws and rules change in the UK, advice received 6 months ago is bound to be out of date much less 8 years ago. In fact, you can't work or volunteer on a visit visa and that includes working remotely for a company in another country.
> 
> Additionally, where the company is registered is immaterial as self-employment is not allowed on a Tier 4 (except under some very specific conditions).


Hi nyclon, I understand self-employment is not allowed and that makes perfect sense because someone could just register as self-employed plumber or anything else and that would influence the work market in the UK. However, this is not the case. What for example, if the OP left the UK every time he did the job and went back to India to do it from? Would it still be illegal? I understand that the question is purely theoretical as any airline fees to go to India and back would offset the earnings, but would it still be technically illegal?

I really don't know anything about the changes and I did notice changes are made all the time, but I haven't found anything on this topic which relates exclusively to freelance internet work done for overseas companies, which has no influence whatsoever on the UK work market. Self-employed in this sense means something different from self-employed in the traditional sense where one's location is relevant. 

I don't think this type of work would necessarily be illegal from the immigration point of view, though I'm probably mistaken. I think the real issues would relate to taxation.


----------



## _shel (Mar 2, 2014)

ashkevron said:


> Hi nyclon, *SNIPPED*.
> 
> I don't think this type of work would necessarily be illegal from the immigration point of view, though I'm probably mistaken. I think the real issues would relate to taxation.


 You are mistaken. He is on a student visa which has strict work limitations including no self employment and a maximum amount of hours that he can work. 

His visa is to study not for employment. 

What you are suggesting is why so many students have a hard time getting their visas, why so many ministers want to further restrict student visas and why there are so few options post study for such people.


----------



## KHP (Oct 25, 2012)

I'm not sure what the rule is but it would be strange for it to be considered as self-employment in this country. In theory there would be nothing advantageous about working in London for Indian clients. When I lived abroad many people worked for European firms part-time and paid tax in Europe while studying in a non-European country. 

The tax question is an interesting one... It applies to everyone except Google and Starbucks it seems  

It's probably worth finding out the rule as written as it would be interesting to see the reasoning.


----------



## _shel (Mar 2, 2014)

Look up the student guiadance. Reasoning isnt given within immigration law, just the law. 

Students can not be self employed unless they are doctorate student who has finished or someone who has applied for entrepreneur visa and is waiting on decision. 

No difference is made between local or overseas clients. Self employment is working for yourself, client base is not relevant. 

Reasoning is probably along the lines of no control over hours. Student visas are not intended to be used as employment visas. There is plenty advantageous about living in one country and having clients elsewhere. Better standard of living, better and free healthcare, free schooling for children, advantageous tax arrangements and other council or government services. Some may apply. Certainly applies for the uber rich with tax.


----------

