Tier 1 Dependant visa and Umbrella company

[ashontherun]

Hello gurus,

Please delete this query if not allowed.

My wife who is my dependant on Tier 1 Ent Ext Visa valid until Aug 2021 was working for one of the Big4 Consultancy through an umbrella company.

Today, she received a call from her resourcing agency that she can't work through umbrella company after April 5, 2021 when IR35 rules come into place and her contract will be terminated.

I have checked www.gov.uk but could not find any update in relation to 'dependants visa' and IR35 RULES unless I am missing something.

Please could you help me in finding out this update that even dependant can't work through umbrella company (if there is any?)

Thanks

[CR001]

It has nothing to do with her visa. It has everything to do with the IR35 rules.

[ashontherun]

Thanks CR001 - does this mean even the dependants can't work now under IR35 rules?

The recruiter mentioned that client is not allowing any individual to work who have - DEPENDANT - LEAVE TO REMAIN status.

Please could you point me in the right direction gov.uk website if possible?

Thanks

[CR001]

This is not an immigration query. It is an employment and tax type query.

https://www.gov.uk/guidance/understandi ... rking-ir35

She is free to work for anyone except the restrictions on her visa or not work at all.

Maybe they simply no longer want or need her services.

[marcnath]

Thanks CR001 - does this mean even the dependants can't work now under IR35 rules?

The recruiter mentioned that client is not allowing any individual to work who have - DEPENDANT - LEAVE TO REMAIN status.

Please could you point me in the right direction gov.uk website if possible?

Thanks

As CR001 mentioned, this has nothing to do with immigration rules. It has everything to do with the nature of the work she has been doing. Even if she were a British Citizen, she would have to have been treated the same.

If they have made a statement that this is because of the visa status, you potentially have the right to argue discrimination - though I am not sure how that applies to contract work.

[zimba]

Thanks CR001 - does this mean even the dependants can't work now under IR35 rules?

The recruiter mentioned that client is not allowing any individual to work who have - DEPENDANT - LEAVE TO REMAIN status.

Please could you point me in the right direction gov.uk website if possible?

Thanks

The IR35 rule changes that will come into force in April do NOT in any shape or form affect migrants that have the right to work in the UK e.g dependants. Nothing should prevent your wife from working via an umbrella company at all. Your wife should demand that the company must provide clear and explicit justification for such decision or face a potential legal challenge.

[ashontherun]

Upon your advice, I wrote to that resourcing company and they reversed their decision citing that 'mistake' have been made - "IMAGINE"

This is a wonderful community for us guys in need of advice on all kinds of Immigration advice and has always helped me whenever I was stuck.

Thank you Zimba and all the moderators for their valuable piece of information -Keep up the good work!!

Cheers

[zimba]