sex work on a tier 4 visa
September 6, 2014 7:06 AM Subscribe
YANML but: I am a student on a Tier 4 visa in the UK. I want to strip or engage in other forms of sex work while going to school. Does this violate the self-employment or professional entertainer work restrictions of the Tier 4?
My original plan was to work either for a webcam site or a phone sex company. I had every intention of filing taxes/declaring any revenue to HMRC, but apparently, this type of work would still violate working conditions because the companies wouldn't automatically deduct taxes/NI contributions from my pay. I have no interest in doing anything that would jeopardize my visa so I can't just do cam/phone work and ignore the legality of it.
Are strippers in the UK also considered self-employed? What legal mechanisms allowed Belle du Jour (an American doing her PhD in the UK) to be an escort in the early 2000s?
Please refrain from providing any advice on the morality/ethics of being a sex worker. What I need is information on the legal/tax hiccups I could face doing this. Throwaway is sexworkandtaxes@gmail.com
My original plan was to work either for a webcam site or a phone sex company. I had every intention of filing taxes/declaring any revenue to HMRC, but apparently, this type of work would still violate working conditions because the companies wouldn't automatically deduct taxes/NI contributions from my pay. I have no interest in doing anything that would jeopardize my visa so I can't just do cam/phone work and ignore the legality of it.
Are strippers in the UK also considered self-employed? What legal mechanisms allowed Belle du Jour (an American doing her PhD in the UK) to be an escort in the early 2000s?
Please refrain from providing any advice on the morality/ethics of being a sex worker. What I need is information on the legal/tax hiccups I could face doing this. Throwaway is sexworkandtaxes@gmail.com
Work as a Stripper would almost certainly be considered either a stripper or an entertainer.
For the purposes of statue "entertainer" means any description of individuals (and whether performing alone or with others) who give performances in their character as entertainers or sportsmen in any kind of entertainment or sport; and "entertainment or sport" in this definition includes any activity of a physical kind, performed by such an individual, which is or may be made available to the public or any section of the public and whether for payment or not.
Work as an Escort is not immediately obvious under this definition. Still, I doubt that it is possible to get "employed" work as an escort - which implies fully legal tax status for your employer.
There were different visa categories in the early 2000's and I suspect that belle de jour did not hold a visa with a self-employment restriction or acted in the grey area at the edge of the law. (some speculative research suggests she may have been employed by her university and entered the UK under the now defunct Highly Skilled Migrants Program)
posted by Another Fine Product From The Nonsense Factory at 8:36 AM on September 6, 2014
For the purposes of statue "entertainer" means any description of individuals (and whether performing alone or with others) who give performances in their character as entertainers or sportsmen in any kind of entertainment or sport; and "entertainment or sport" in this definition includes any activity of a physical kind, performed by such an individual, which is or may be made available to the public or any section of the public and whether for payment or not.
Work as an Escort is not immediately obvious under this definition. Still, I doubt that it is possible to get "employed" work as an escort - which implies fully legal tax status for your employer.
There were different visa categories in the early 2000's and I suspect that belle de jour did not hold a visa with a self-employment restriction or acted in the grey area at the edge of the law. (some speculative research suggests she may have been employed by her university and entered the UK under the now defunct Highly Skilled Migrants Program)
posted by Another Fine Product From The Nonsense Factory at 8:36 AM on September 6, 2014
gah bad typo in my dyslexic last message but you understand my point I hope.
posted by Another Fine Product From The Nonsense Factory at 10:29 AM on September 6, 2014
posted by Another Fine Product From The Nonsense Factory at 10:29 AM on September 6, 2014
Who gets a cut of that tax pie?
The UK. And only the UK. What matters is where the services are performed, not where the product winds up.
posted by jpe at 10:40 AM on September 6, 2014 [1 favorite]
The UK. And only the UK. What matters is where the services are performed, not where the product winds up.
posted by jpe at 10:40 AM on September 6, 2014 [1 favorite]
It's not clear to me whether the term 'entertainer' in the legal sense applies to sex workers, but the only way to be sure is to ask the Home Office, or whoever is responsible for issuing your visa. I suppose it depends on the type of work. A webcam site is arguably more about entertainment than an escort for example.
Reading the tier 4 visa guidelines, you are almost certainly unable to do any job if it requires you to be self employed. If you have an employer you are probably fine. HMRC have some useful guidelines to determine if a job is employed or self-employed. See HMRC website.
posted by tacgnol at 12:02 PM on September 6, 2014
Reading the tier 4 visa guidelines, you are almost certainly unable to do any job if it requires you to be self employed. If you have an employer you are probably fine. HMRC have some useful guidelines to determine if a job is employed or self-employed. See HMRC website.
posted by tacgnol at 12:02 PM on September 6, 2014
I can't think of a single company or agency that would make you a regular employee. Pretty much all of this stuff is self employed.
posted by Mistress at 5:30 AM on September 12, 2014
posted by Mistress at 5:30 AM on September 12, 2014
This thread is closed to new comments.
posted by DarlingBri at 7:38 AM on September 6, 2014