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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2047
Experience:  I am a qualified solicitor and an expert in UK law.
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What does the home office check? The employee will be working

Resolved Question:

What does the home office check? The employee will be working at the office from 12 pm to 8 pm from Monday to Friday
Submitted: 12 months ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 12 months ago.
Thank you for your question.

-Could you explain your situation a little more?

Customer: replied 12 months ago.

I am sponsoring an employee for a Tier 2 visa.

Expert:  Senior Partner replied 12 months ago.
This looks like a follow up to a previous question so I will opt out
Expert:  UK_Lawyer replied 12 months 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.

The home office will do checks to ensure that the business actually exists and that it is run in accordance to their criteria, they will ensure that you have the required insurance and that your accounts etc are in order showing that you are able to sponsor employees. You need to ensure that you have employers liability insurance which is paramount to any application.

Regarding the hours of work these can be as agreed by the employee and yourself, you would need to ensure that any hours stated are reflected in the employees contract as well as the salary and that they are also mentioned in the certificate of sponsorship (COS) when you submit this for the employee.

You need to ensure that what you state in the COS matches that which you have stated in the employees contract. You need to also state the location that the employee will be working both in the COS and in the contract.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 12 months ago.

Thank you for the very precise answer. the employee hours of work are between 12 pm and 8 pm. It is not stated in the contract because this might change. Sometimes she might finish later or start sooner since this is an executive job. But putting hours, I don't want to expose myself to unnecessary risks where the employee is not working in accordance with what is stated in the contract.

Expert:  UK_Lawyer replied 12 months ago.
Thank you for your reply.

What you should state is her core hours and then clarify this by stating that 'you may be required to work additional or hours which are necessary, as and when required'.

As long as the applicant is working the amount of hours stated in the contract , this will be sufficient.

I hope this clarifies the matter , if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2047
Experience: I am a qualified solicitor and an expert in UK law.
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