Complex issue - work visa

I know this is off-topic. I wonder if people can point me to where I can get some detailed buesiness/work permit advice please.

I need to know when photography becomes a business or work - and I appreciate people might not know here - and I have posted in some expat/visa forums.

The conditions of my UK work permit do not allow me to take on work other than in the same type of role I am in which is in IT. The UKBA web site says a Tier II permit holder is allowed to do voluntary work.

I have a hobby of photography and have a website where the images are for sale (with no profit to me - although that is not clear to purchasers - and my staff have 'dobbed' me in). Note: no images have been sold so no revenue from this side of things.

I did do some work making videos for musical performances and my site said to contact me for pricing if people wanted similar work.

No payment has been made to me for labour - only to partly recover my costs ie: cost of consumables, (DVD Blanks) and bandwidth. Highest payment made to me was £50. Overall if I count depeciation of my equipment I am way behind on costs v. revenue.

My employer thinks this might contravene the terms of my visa as I am 'trading'. I see it as voluntary work. They have asked me not to contact UKBA for advice as they don't want to 'alert' them to a problem - I think that is stupid - we could sort this quickly in my opinion.

My website does look a bit like this is a business because one day I might I'd like to do it professionally, however currently I am not and have not been paid for labour - or made a profit from this.

I wonder if I am breaking the law, how a stamp collector who works on a UK work permit and sells their stamps for a hobby would get on. My thoughts are when your making a profit 'yes' - if not 'no'.

Has this come up before or does anyone know where I can get some definative advice on this please?

I am far from an expert, but I spent a few minutes looking for you.

http://www.ukvisas.gov​.uk …6pbsskilledwork​er#9817363 leads to:
http://www.legislation​.gov.uk/ukpga/1998/39/​section/44

There's more to read, but the upshot is, what you are doing is not voluntary work if you are not doing it for an official charity.

I believe that the official definition of work is anything that you receive payment for - regardless of profitability. If you help someone cut their lawn and they give you a crate of beer in reward, that counts as payment.

What you do not want to do is to raise any risk of conflict. I would say that having a website, with your name on it, offering to work for money is a big red flag.

Do not think that you can negotiate, argue or reason with the IND. If they want, they can make your life extremely difficult.

I'd ask yourself whether this side business is worth losing your main job - and right to live in the UK- over. I'd suggest that the answer is not and I would wipe any mention of current work, payment from your website, etc. If you do any work, it must be purely as an unpaid hobby. Get the 'customer' to give you a box of DVDs to use and buy you a meal while you are there. Maybe a few beers afterwards. No cash - and definitely not anything that leaves a paper trail.

Thanks very helpful. Removed the ability to buy prints today - even if there were no proceeds to me.

Also all other references to working for payment of expenses for consumables.

I think that was a wise course of action.

I'd say that you can still take photos, but it must be crystal clear that it is purely as a hobbyist and not for reward in anyway and accepting cash is potentially going to be a major problem.

Doing it for free and getting a couple of pints of beer is probably going to slip under the radar, though.