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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
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Experience:  English Solicitor and UK Immigration Law Expert
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I am looking at employing someone from Ukraine as a translator

Resolved Question:

I am looking at employing someone from Ukraine as a translator of web pages from english to Ukraine and also advice on company terms and conditions and legal issues. How do go about this, I have interviewed the candidate and have the CV.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

Do they have a work visa for the UK?

Thank you
Customer: replied 1 year ago.
I cannot recall 100% if the visa is just visitor or work permit, she attended interview, so if you could confirm the situation under both scenarios. I know she holds a USA visa and French schengen visa.
She would be paid in GBP and the taxes would be covered by my business which is a limited company having traded over 3 years and work would involve foreign travel through europe. She has a detailed background in banking and finance and very good qualifications from university, unmarried and no children.


I am looking to see what process I would need to follow, what the risks are to me should she gain the position, i.e. what are my responsibilites as her employer.


Many thanks

Andrew
Expert:  UKSolicitorJA replied 1 year ago.
Thank you.

The person cannot work on a visitor visa, they need to have proper authorisation to work in the UK and you need to check that they have the right to do so, as you could be fined up to £10,000 for failing to carry out proper checks as to their right to work.

You need to issue them with written terms of their employment within 2 months of them starting work, ensure you pay them at least the national minimum wage and ensure compliance with tax. You also need to take out employers liability insurance.

See here:

http://www.nbsl.org.uk/knowledge-bank/employing-people/20-employing-people-the-basics

http://www.hmrc.gov.uk/paye/employees/start-leave/new-employee.htm

http://www.businesslink.gov.uk/bdotg/action/layer?lang=en&r.l1=1073858808&r.l2=1083106843&r.l3=1083106693&r.s=tl&topicId=1086156452

Hope this helps

Customer: replied 1 year ago.
Thanks for the reply, I am therefore seeking clarification what process I would need to follow is a) she has a valid work visa or b) needs a work visa, what documentation do I require to support the application and what is the process, where do I file the application?
Regards

Andrew
Expert:  UKSolicitorJA replied 1 year ago.
You need to check with her what vvisa she currently has and whether she is allowed to work with it as UK immigration law and visas is a minefield.

If she has not work visa, she may apply for a tier 2 (general) visa which you need to sponsor as an employer. Full details here: http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/

Hope this helps. Please leave feedback
UKSolicitorJA, Solicitor
Satisfied Customers: 3543
Experience: English Solicitor and UK Immigration Law Expert
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