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Use agency for Tier 2 G visa first and later transfer to newly established company?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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AlanC
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Use agency for Tier 2 G visa first and later transfer to newly established company?

Post by AlanC » Wed Mar 25, 2020 10:44 am

Dear all,
I found this forum very useful and lots of insights.
I haven't seen a similar situation and would seek your expertise.

I'm discussing with a company on employment, and they don't have the legal entity in UK yet.
They said they plan to use agency / other company to recruit me and sponsor my Tier 2 G visa first, and later they will start process of establishing their legal entity in UK, and when it's done they will transfer me to the new company.
Is this a feasible process? Any catch?

Thanks a lot.

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CR001
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Re: Use agency for Tier 2 G visa first and later transfer to newly established company?

Post by CR001 » Wed Mar 25, 2020 10:54 am

Tier 2 General doesn't work like that.

You can only be sponsored by an HO licensed Tier 2 sponsor on the official HO list of sponsors.

Note also that you cannot 'transfer' a tier 2 general to another employer.

Are you being asked to pay a fee for a CoS??
Char (CR001 not Casa)
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AlanC
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Joined: Fri Mar 06, 2020 7:43 pm
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Re: Use agency for Tier 2 G visa first and later transfer to newly established company?

Post by AlanC » Wed Mar 25, 2020 11:44 am

Thank you CR001, no they didn't ask me for fee for CoS.
The company A (not in UK yet) said they want me to start work first, because registering a new company takes time.
that's why they want another company B to sponsor my visa first, but actually I will be working for A.
When A has their UK office ready, they will change me to A-UK.
Do you think there's some problem with it?

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CR001
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Re: Use agency for Tier 2 G visa first and later transfer to newly established company?

Post by CR001 » Wed Mar 25, 2020 1:14 pm

The company A (not in UK yet) said they want me to start work first, because registering a new company takes time.
that's why they want another company B to sponsor my visa first, but actually I will be working for A.
It doesn't work like this. You can only work for your sponsor. You cannot work through a third party and contract etc. Only your UK Employer whose PAYE payroll you will be on, can sponsor you.
When A has their UK office ready, they will change me to A-UK.
It doesn't work like this either. You can only be sponsored by an employer who has a valid sponsor license and who you are going to work for directly, i.e not through a third party. It cannot simply be 'transferred' from one employer to another employer.
Do you think there's some problem with it?
Yes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AlanC
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Joined: Fri Mar 06, 2020 7:43 pm
China

Re: Use agency for Tier 2 G visa first and later transfer to newly established company?

Post by AlanC » Wed Mar 25, 2020 7:45 pm

Thank you CR001.
From what I understand from them, they want to ask company B to sponsor me and also pay me first. But B will report to overseas company A and A pays B a service fee.
When overseas company A establish their affiliate in UK and get sponsor license, A-UK, I stop the employment with B, and starts new sponsorship with A-UK.
They said it's just a time concern, because they are not sure how long it will take until their affiliate is fully ready, especially given the current situation. But they don't want to wait a year before starting their business.
Do you think this is a plausible logic?
Thanks a lot.

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