Tier 2- Secondment to diff company for specific time

[iAvais]

Hi,

I have got a question regarding the secondment to different company on Tier 2 Visa. Is it allowed to be seconded from your parent company (A) to different company (B) for certain period of time (say more than 6 months)? that's based in company B location for that time.

I was going through the Tier 2 and 5: Guidance for Sponsors, my interpretation of clause 38.46 my is that one can't do secondment work.

Also in clause 5.7 it states that "if you are an employment agency or any third party who supplies workers to a client, you can apply for a sponsor licence but only to sponsor migrant workers who will be directly employed by you in connection with the running of your business. You cannot sponsor a migrant if you will then supply them as labour, to another organisation, regardless of any genuine contractual arrangement between the parties involved"

Please clarify that if someone can be seconded to different organisation on Tier 2 Visa, if yes then under what circumstances?

Many thanks in advance

Syed

[Frontier Mole]

In general terms secondment is a form of third party working and therefore is not permitted.
The points to consider:
If your work is directed by a third party and not your sponsor
If you are controlled and managed by anyone other than your Sponsor
If you are contracted out on a supply of labour only basis
If anyone other than your Sponsor pays your salary directly to you

All or any these would indicate third party working.

If your secondment includes any of the above then it is a fairly safe bet your Sponsor is breaching their duties.