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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2054
Experience:  I am a qualified solicitor and an expert in UK law.
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I would like to know the changes that are being made to the

Resolved Question:

I would like to know the changes that are being made to the current Tier 2 Visa. I work for a leading automobile company as a contractor. I am currently on PSW Visa which expires on Feb 2014. Last week every Tier 2 contractors in my company were issued termination notice stating that the company can no longer support contractors whose visa is sponsored by umbrella companies. I have been told that I will be issued similar notice 4 weeks prior to my current visa end date. Could you please tell me the changes that are being implemented to the Visa norms that lead to the termination of contract jobs? Also what options are there for me, if any,to get the Visa sponsorship without losing my contract job? I have heard from my other colleagues who are working for other companies that they were not having any issues even though their Visa is sponsored by Umbrella Company. Is there any changed norms preventing a particular company from employing tier 2 contractors?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Could you explain your employment structure again in respect of umbrella companies?

Kind regards
Customer: replied 1 year ago.

I submit my time sheet to my recruiting agency, they submit it to the umbrella company. The umbrella company receives my salary from another consulting firm who are being tasked for this by my employer.Please let me know if you require any further clarifications.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

The home office state the following:

If you are an employment agency or employment business, you can apply for a sponsor licence but only to sponsor migrant workers who will be employed by you in connection with the running of your business. You cannot sponsor a migrant who you then supply to a third party as labour, regardless of any contractual arrangement between the parties involved.

If you are an employment agency or business and we grant a sponsor licence to you on this basis, but subsequently find that migrants you are sponsoring have been supplied as labour to a third party, we will revoke your licence.

If you are a sponsor that wants to employ a migrant worker who has been supplied to you by an employment agency or business, you can only assign a certificate of sponsorship (CoS) if:

a) you have full responsibility for deciding the duties, functions and outcomes, or outputs of the job the migrant is doing; and

b) you are responsible for agreeing the migrant’s salary, and for paying that salary to the migrant.

1. In respect of your current visa, an employer if they feel that you do not meet the requirements of the arrangements are able to terminate your contract as you/them will not be able to meet the requirements to employ you. The rules for a psw worker are less stricter compared to a tier 2 worker.

2.You would have to obtain a sponsorship with the company that pays you, you are unable to get paid by one company and be employed by another, so unless the company does not employ you and give you a certificate of sponsorship you will not be able to undertake work with that company.

3.The rules have been stated above and if you/your employer does not meet the requirements the home office will terminate your visa and terminate their contract.

I hope this answers your question, if so kindly rate my answer positively. If this does not answer your question please DO NOT rate my answer negatively, I will be happy to answer any further questions.

Kind regards
Customer: replied 1 year ago.

Thanks for the detailed reply. I understand that third part sponsoring is not possible. What I am looking for considering your expertise in this field is suggestions from on possibilities, if any, out there for me to get the sponsorship after my PSW. So that I can discuss this with my employer and see what can be done.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I just wanted to clarify something, what do you mean by sponsor possibilities out there, do you mean a list of companies which are able to sponsor?

Because as you are aware that only the company you wish to tale employment with can sponsor you. If your company wishes to sponsor you they may do by obtaining a certificate of sponsorship which means that the ukba will allow your employer to sponsor you. Please see following link :

http://www.ukba.homeoffice.gov.uk/business-sponsors/points/sponsoringmigrants/applyforlicence/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

The home office states that


 


"If you are a sponsor that wants to employ a migrant worker who has been supplied to you by an employment agency or business, you can only assign a certificate of sponsorship (CoS) if:

a) you have full responsibility for deciding the duties, functions and outcomes, or outputs of the job the migrant is doing; and

b) you are responsible for agreeing the migrant’s salary, and for paying that salary to the migrant"


 


Lets say my recruiting agency can meet the above said criteria, then is it possible for my agency to sponsor my visa? Which I think is a possibility, like that if there are any, I would like to know, so that I can present them to my employer and agency to see what can be done to safeguard my employment.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

If you read the above it states if you are a sponsor who has been supplied a migrant workers, your certificate of sponsorship will be issued by the employer not the agency, they can supply you to an employer but you will only be able to work for the employer if they have sponsored you.

It is not the recruiting agency that must meet the criteria but your employer. Your employer will need to obtain a sponsorship licence not the recruitment agency.

I do not believe that your current contract agreement will be sufficient to meet the requirements, your contract must only be with your employer and they must be the ones paying you.


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2054
Experience: I am a qualified solicitor and an expert in UK law.
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