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Skilled Visa - Job search

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

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jobs4avinash
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TIER 2 - Contracting - IR35

Post by jobs4avinash » Sun Feb 21, 2021 7:45 pm

Hi All,

I have been recruited by Company A on TIER2 Visa, here are my questions :

1. Can work on Contractual basis with Company B through Company A payroll or not ?

2. I heard that IR 35 is being implemented from April 2021, So how its going effect my job oppurtunities if its inside IR 35 ?

3. If i take contract with Company B through Company A via inside IR35, For example 400 pounds per day will Company B still deducts the tax at source even though i am working through CompanyA to Company B ?

Your answers or clarifications would help me a lot.

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Frontier Mole
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Re: TIER 2 - Contracting - IR35

Post by Frontier Mole » Sun Feb 21, 2021 8:17 pm

Tier 2 does not allow contracting. Everything you have described is a breach of tier 2 visa conditions.

jobs4avinash
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Re: TIER 2 - Contracting - IR35

Post by jobs4avinash » Sun Feb 21, 2021 8:41 pm

Thanks for your reply.

As i am asking Skilled visa (TiER 2 Visa) newly launched PBS. As i read in the below link that contracting is allowed , Is my Understanding correct based on that ?


https://assets.publishing.service.gov.u ... 0_v1.0.pdf

Sponsoring workers to work on a contract basis

S1.15
If the person you wish to sponsor will be working on a contract basis (being
supplied as labour by you to another organisation or third party), you must
have full responsibility for all the duties, functions and outcomes or outputs of
the job the worker will be doing. Where the worker is employed by you to do
work for a third party to fulfil a contractual obligation on your behalf, they
must be contracted by you to provide a service or project within a certain
period of time. This means a service or project which has a specific end date,
after which it will have been completed or the service provided will no longer
be operated by you or anyone else.
Example
Company A has a contractual obligation with a client Company Z to deliver
an IT solution within an agreed period of time.
A worker who is sponsored by Company A to do a job on the IT project may
be sent to work for the length of the contract at Company Z’s premises, but
they remain employed by Company A throughout the whole period of the
contract.
As Company A is fully responsible for all the worker’s duties, functions,
outputs or outcomes, Company A can be the worker’s sponsor and therefore
assign the CoS.

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Frontier Mole
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Re: TIER 2 - Contracting - IR35

Post by Frontier Mole » Sun Feb 21, 2021 9:19 pm

IR35, umbrella companies and direct labour only supply are all excluded under skilled worker route.
Everything you have described in the first post related to the above.

Soon as IR35 even gets a mention that says you are a contractor, therefore if IR35 figures in anything you do you are in breach of your visa conditions and your Sponsor is in breach of their duties.

If you were to claim that your Sponsor is fully in control of all activities etc would preclude any of the questions you have asked. Therefore the credibility of that statement is flawed.

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Frontier Mole
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Re: TIER 2 - Contracting - IR35

Post by Frontier Mole » Sun Feb 21, 2021 9:30 pm

As an side. IR35 is being tightened for a number of reasons for HMRC purposes, essentially to restrict single person “companies” from getting tax benefits that HRMC consider are not due. Where the supply is labour only and the individual does not direct their own work they are treated in the same manner as a PAYE employee. Hence tax deductions will be made at source.

As a secondary outcome because the contracting company will deduct tax at source and declare it on the individual contractors’ behalf it will identify skilled workers visa holders employed as contractors.

jobs4avinash
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Re: TIER 2 - Contracting - IR35

Post by jobs4avinash » Mon Feb 22, 2021 5:34 am

Thank you for clarifying my questions.

jobs4avinash
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Skilled Visa - Job search

Post by jobs4avinash » Wed Apr 14, 2021 8:23 am

Hi All,

I have been recruited by a company A for project work on Skilled Visa, however losing my project work due to Covid crisis in a month. however, My employer suggested to search for contract jobs.

I know its not legal, but my situation makes me search for a job on contract basis. can some one help me how to go ahead in UK , as i cannot go back to my home country now as situation was bad their as well.

Regards,
Avinash.

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CR001
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Re: Skilled Visa - Job search

Post by CR001 » Wed Apr 14, 2021 9:21 am

You cannot do contract work via a third party agent on a skilled worker visa. You will be in breach of your visa conditions. You were already advised of this in February (topics merged).

Nothing prevents you from returning to India.
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.

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