Tier 2 General

[hai]

Dear manci,

Could you please help me your valuable view on my queries ..Many many thanks for your time and really appreciate

1) Work permit issued for Intra-company transfer - valid from 12/03/2007 to 12/03/2009

First entry in UK: 26/03/2007
Left UK: 01/06/2007
2nd entry 25/03/2008
Left UK: 15/02/2009

I had a break of 1.5 year from 15/02/09 to 16/8/2010 (no continuity of visa)
but worked for same employer at offshore location

2) ICT - Applied from India and got Tier 2 ICT and valid from 16/08/2010 till 08/03/2015 (staying continuously in over 4 years by doing in country extensions at UK).
Entry to UK – 23/09/2010
Exit - continuing

Staying over 4 years in UK by doing in-country extension for same employer.

My queries, Kindly reply

1) Is there a way to qualify for ILR under 5 year employment if I apply on april 2015 (based on first entry clearance or any other option?)
2) If i move to tier 2 general in 2015 march, do i need to wait for 2020 for ILr (even 10 year route also works from 2010 as i was in ict)
3) My kid also accompanying with me 16/08/2010 till date march 2015…is he eligible for ilr , or
Is there any 7 years criteria for kids ? how many years for kids to become ILR if he is a dependent based on my above ict/general.
4) in uk is legally allowed to work as a contractor if am a tier 2 general from any company sponsor? I heard the jobs chances are very less.
Many thanks,
Hari

[hai]

Manci,

could you please help me with my queries, many thanks for your time

[moonlight55]

Dear manci,

Could you please help me your valuable view on my queries ..Many many thanks for your time and really appreciate

1) Work permit issued for Intra-company transfer - valid from 12/03/2007 to 12/03/2009

First entry in UK: 26/03/2007
Left UK: 01/06/2007
2nd entry 25/03/2008
Left UK: 15/02/2009

I had a break of 1.5 year from 15/02/09 to 16/8/2010 (no continuity of visa)
but worked for same employer at offshore location

2) ICT - Applied from India and got Tier 2 ICT and valid from 16/08/2010 till 08/03/2015 (staying continuously in over 4 years by doing in country extensions at UK).
Entry to UK – 23/09/2010
Exit - continuing

Staying over 4 years in UK by doing in-country extension for same employer.

My queries, Kindly reply

1) Is there a way to qualify for ILR under 5 year employment if I apply on april 2015 (based on first entry clearance or any other option?)
No. Your first visa is not relevant now since the continuity is broken.

2) If i move to tier 2 general in 2015 march, do i need to wait for 2020 for ILr (even 10 year route also works from 2010 as i was in ict)
Yes.

3) My kid also accompanying with me 16/08/2010 till date march 2015…is he eligible for ilr , or
Is there any 7 years criteria for kids ? how many years for kids to become ILR if he is a dependent based on my above ict/general.
Kid's status will depend on yours. It will be same as yours.

4) in uk is legally allowed to work as a contractor if am a tier 2 general from any company sponsor? I heard the jobs chances are very less.
Legally, No. You are not allowed to work as a contractor under an umbrella company as per the current Tier 2 rules.

Many thanks,
Hari

[hai]

can associate work as a contractor to another company if he is tier 2 general visa sponsored by a umbella company.?
could you please let me know if any legal rules that associate cannot work as a contractor for any other company if he is a tier 2 general visa cateogry for umbrella company
i got to know only permanent jobs they cant do

[Frontier Mole]

An umbrella company is an umbrella company - if you have a tier 2 visa and it is from an umbrella company it is illegal.
There are no ifs or buts.

[hai]

Thanks
am little confused. what is meant by umbrella company? shouldnt they sponsor tier 2 general visas?

i heard companies (not sure what is the definition of such company names) legally will offer job to the associates in the form tier 2 general based on eligibility rules.
and employees will work on contractors to other companies. but the pay roll will be generated run on the company who offered tier 2 general visa
is this is legal

please correct me my understanding is correct.

[Frontier Mole]

It is not legal, there is a large abuse trend that is being chased down by UKVI.
What you have described is exactly the umbrella company abuse trend.

If you are a tier 2 sponsored employee you can not perform contracting roles for third parties.

[talk2ram28]

It is very much legal to do contracting under tier 2. If this was not the case none of the big Indian IT companies can send resources to UK as almost all the work is carried out at client place. The indian companies 'supply' resources to clients but only thing to note is that the Tier 2 employer must always determine the roles and responsibilities and must always be in charge of running the payroll.

Manci is well read person in this forum and he has also shared this info elsewhere which I am again sharing for the purpose of anyone who might want to know.
https://www.gov.uk/government/uploads/s ... _11-14.pdf

Migrants working on a contract basis
39.42 Where a migrant is working on a contract basis and is being supplied to one organisation by another organisation, their sponsor must be whoever has full responsibility for the duties, functions and outcomes, or outputs of the job.
39.43 An example is where Company A has a contract with a client - Company Z - to deliver an IT solution within agreed timescales. A migrant who is sponsored by Company A to work on that 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 period of the contract. As Company A is
Tier 2 & 5 of the Points Based System - Guidance for Sponsors - Version 11/14 Page 133 of 149
fully responsible for their duties, functions, outputs or outcomes, Company A must be the migrant’s sponsor.
39.44 You can only assign a CoS if you have full responsibility for deciding the duties, functions and outcomes or outputs of the job. Where the migrant is carrying out work for a third party on your behalf, they must be contracted by you to provide a time-bound service or project on your behalf. This means a service or project which has a specific end date, after which it will have ended or the service provided will no longer be operated by you or anyone else. They must not be:

a)Agency workers, hired to a third party to fill a position with them, whether temporary or permanent, regardless of any contract between you and any employment agency or employment business. For more information, please see employment agencies and employment businesses;
b) Contracted to undertake an ongoing routine role or to provide an ongoing routine service for the third party, regardless of the length of any contract between you and another party.

It must be noted that the 'service agreement' between and the employer and client is very important. If an employee A renders service to client C without any service agreement between his employer E and client C it is then an issue and this can considered as contracting illegally.

There is widespread interpretation that contracting is illegal which is totally wrong. The only thing UKBA wants to end is the tier 2 employers acting as recruitment or staffing agencies just like 'body shopping'. Hope this clears all the doubt.

[Frontier Mole]

There is a world of difference betwwen the supply of services by the big boys than the low end supply of labour that is happening by possibly hundreds of umbrella companies that is a mini epidemic of abuse at the moment.
Lets make it clear, working for an umbrella company under tier 2 is illegal

The term contractor is wide and means many different things to different people. To be a contractor that has the right to have a tier 2 you have to be fully employed, fully directed member of staff that is solely under the control of the sponsor. At no point should the employee do any activity directed by a third party.
If you as an individual are self directing or directed by the third party you are working illegally.
If you are responsible for finding your own contracts again that is outside the scope of tier 2.

What the OP described is very much a supply of labour only scenario, even if it is wrapped up as a supply of service contract it will not survive scrutiny by UKVI. It is just too easy to unpick these sponsors, they are being suspended / revoked on a weekly basis. The bigger exponents of this fraud have already been dealt with and the targets have been set on the medium and smaller companies.

[Even]

Since the large Indian companies can do this ....

I would like my own Ltd., founded in 2014, to provide "contractor"/consulting services to various UK companies. As a director/employee of the company I would like to be one of the consultants whose services are on offer.

Could I (a) arrange for my Ltd. be eligible to sponsor and then (b) apply for a Tier 2 using that same company for sponsorship?

Thanks