Can an international immigrant do forex trade in UK?

If you have a Tier 4 visa, no. Paragraphs 245ZW(c)(iii) and 245ZY(c)(iii) of the Immigration Rules say they cannot be self-employed or undertake “business activity”.

The Tier 4 policy guidance gives three examples of “business activity”, including setting up as a sole trader. The three examples are “not an exhaustive list” but rather “examples of the types of circumstance in which you will be considered to be engaged in business activity.”

I blogged about this recently for UKCISA, the UK Council for International Student Affairs.

Owning or dealing in shares, currencies and cryptocurrencies

You can buy and own shares, but if you own more than 10% of the shares in the company (including if they are held in trust for you) you cannot work for the company. This is one of the specific examples of “business activity” in the Tier 4 Policy Guidance.

If you regularly buy and sell stocks, shares or currency in order to make money, this is highly likely to be seen as “business activity”.

If you make a dividend income from shares you own, you must pay income tax on this income.

Neither the Immigration Rules nor any related guidance makes any specific provision for Bitcoin mining or dealing in cryptocurrencies. It would be logical and safest to assume that it is a “business activity”.

Separately, HMRC clarified in 2014 that any profits from Bitcoin mining are liable for income tax.

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