UTIAC (1) Self-employed persons were eligible for leave to remain under paragraph 21 of HC 510 if they made an investment in the provision of services of their personal skill provided that they were not engaging in disguised employment or would not have to supplement their business activities by taking employment for which a work permit was required.
(2) The distinction between employment and self-employment is a question of fact to be assessed in the light of the evidence as a whole. A relevant and potentially decisive issue is whether the person to whom services are provided controls the relationship.
(3) The UKBA May 2011 IDI accurately reflects the fact that a person may work part time for a number of employers and not be self employed.
Judges:
Blake J P, Wood UTJ
Citations:
[2013] UKUT 121 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 14 November 2022; Ref: scu.472140