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Two Employers/Sponsor on tier2

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

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Two Employers/Sponsor on tier2

Post by Sal2016 » Thu Mar 10, 2016 12:32 am

Hi,
I am on a tier2 visa. I am being offered another 30 hrs job. I want to know:

Can I have two 30 hours per week tier 2 sponsors of different SOC codes?

Thanks,
SAL

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CR001
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Re: Two Employers/Sponsor on tier2

Post by CR001 » Thu Mar 10, 2016 8:12 am

No, you cannot have 2 Tier 2 G sponsors at the same time. I believe that you also have to work more than 30 hours on a Tier 2 G.

If the new sponsors are 'genuine' sponsors on the HO approved list, they will know the rules. I really hope for your sake it is not an umbrella company or intermediary agent who you will 'contract' or work through.
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Re: Two Employers/Sponsor on tier2

Post by Sal2016 » Thu Mar 10, 2016 8:30 am

Thank you for comments.
I understand that you can have two employers and as per rules for a 2nd employment in a different Soc code you have to be sponsored , if the job is in the same Soc code you are allowed to work 20 hours p/w.

I am talking about A rated sponsors and not umbrella companies.

Can kindly someone through some light on my initial question.

Many thanks

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Re: Two Employers/Sponsor on tier2

Post by CR001 » Thu Mar 10, 2016 8:38 am

You cannot have two Tier 2 G sponsors/visas at the same time for two different jobs. If you want to work the extra 20 hours per week, it has to be in the same sector and same level as your main job.
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Re: Two Employers/Sponsor on tier2

Post by Frontier Mole » Thu Mar 10, 2016 10:39 am

The Sponsor Guidance allows for secondary employment. So it is technically possible to be Sponsored by two employers. I have never seen it in practise as it begs many questions as to the viability or intention of the original COS.

Secondary employment
39.55 Once a migrant sponsored under Tier 2 has used their CoS to gain leave to enter or remain in the UK, or worker authorisation, and has started work, they are allowed to take other employment which does not meet the supplementary employment criteria. We call this secondary employment.
39.56 Any secondary employment must be with a licensed sponsor and the migrant must be able to meet the criteria relevant to the category in which their secondary employment falls. The secondary employer must have recruited them in line with the rules set out in this guidance. The secondary employer must assign a new CoS to the migrant so that they can send a fresh application to vary their existing leave or worker authorisation. (Please note that a second CoS can’t be assigned until the migrant has used their first one).

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Re: Two Employers/Sponsor on tier2

Post by Frontier Mole » Thu Mar 10, 2016 10:45 am

Working Hours - there is an expectation that Tier 2 roles are full time.... However the guidance only states that in most cases they meet the minimum rate for the job and that the salary is not below the Tier 2 threshold. That leaves a fair amount of scope to adjust the number of hours actually worked.
There are roles within the shortage occupations that have set minimum working hours. It would appear that those are the only set hours in the guidance.

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Re: Two Employers/Sponsor on tier2

Post by CR001 » Thu Mar 10, 2016 10:47 am

Frontier Mole wrote:The Sponsor Guidance allows for secondary employment. So it is technically possible to be Sponsored by two employers. I have never seen it in practise as it begs many questions as to the viability or intention of the original COS.

Secondary employment
39.55 Once a migrant sponsored under Tier 2 has used their CoS to gain leave to enter or remain in the UK, or worker authorisation, and has started work, they are allowed to take other employment which does not meet the supplementary employment criteria. We call this secondary employment.
39.56 Any secondary employment must be with a licensed sponsor and the migrant must be able to meet the criteria relevant to the category in which their secondary employment falls. The secondary employer must have recruited them in line with the rules set out in this guidance. The secondary employer must assign a new CoS to the migrant so that they can send a fresh application to vary their existing leave or worker authorisation. (Please note that a second CoS can’t be assigned until the migrant has used their first one).
Thanks FM. So my understanding of the above then is that it is not 2 visa the migrant will hold but rather the existing visa will be updated with the additional information.

The OP is asking if he can have 2 x 30 hours jobs. Surely the secondary would need to be 20 hours and the primary one 39/40 hours?
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Re: Two Employers/Sponsor on tier2

Post by Sal2016 » Thu Mar 10, 2016 10:55 am

Many thanks. That's the reason I was asking clarification. Just to further update my knowledge if you can please advise;

1. If you have two sponsors who will be your main sponsor?
2. The two sponsorships both paying salary equivalent required for ilr, would it satisfy the ilr requirements and won't cause a problem if at later stage I leave one?

Thanks in advance .

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Re: Two Employers/Sponsor on tier2

Post by Frontier Mole » Thu Mar 10, 2016 11:03 am

It is enteitly possible although unlikely that an individual can have two 30 hour roles.
The only constraints are that if orginal role is a shortage occupation role it must be a minimum of 30 hours per week.
It would be possible to have a very high paying role of say only 12 hours per week on Tier 2 visa as long as it meet the deminmus pay level for Tier 2 circa 20k and take secondary employment for whatever number of hours elsewhere.

Look at the high flying commercial guys that have multple appointments. That is really what it is aimed at.

The OP can actually achieve his aim.... Wither it has secondary ramifications for his Sponsor is another question. I would question the whole recruitment process of both the employers. And there is a slight matter of is it safe for an individual to work 60 hours per week.

Although technically viable I don't for one minute believe it will be granted on the nod and I would expect HO to visit one or both of the Sponsors to see what is going on.

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Re: Two Employers/Sponsor on tier2

Post by Frontier Mole » Thu Mar 10, 2016 11:05 am

Your main Sponsor will be the original COS.

Don't know enough about the ILR rules to comment. I am assuming you are trying to achieve the £35k salary threshold?

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