Applying for ILR through Tier 2 General from Umbrella company

[Mkhan327]

Hello,

I have been on a Tier 2 General Visa since Aug 2012 through an Umbrella company which also manages my contract via an Agency & the same umbrella company pays me salary every month. In short, though I initially got my first contract from the agency, I became the permanent employee of the Umbrella company from Aug 2012 once they sponsored me the Tier 2 General Visa.

I'm applying for my ILR soon & the Umbrella company have issued me a Employee reference letter. I have been reading some topics about working with an Agency via a Tier 2 general visa from an Umbrella company being illegal;

1) Can some one please help me to understand if this is correct ? Will this be a problem ? Do I also need to present the document from the Agency apart from the Umbrella company ?

2) I had 4 days of continuous unpaid leave in 2013 while I was away from the country, is this going to be a problem ? Do I have to show this in my application, If yes how do I need to present this in my application ?

I would really appreciate some guidance & help please.

P.S - I wasn't away from the country for more than 180 days in any single year in the last 5 years

[CR001]

I have been on a Tier 2 General Visa since Aug 2012 through an Umbrella company which also manages my contract via an Agency & the same umbrella company pays me salary every month. In short, though I initially got my first contract from the agency, I became the permanent employee of the Umbrella company from Aug 2012 once they sponsored me the Tier 2 General Visa.

I would say you have a problem. Contracting on Tier 2 General is strictly not permitted and neither is working through a third party/umbrella company/agency.

[zimba]

Working for an umbrella company is illegal via Tier 2. You and your umbrella sponsor are both in breach of the immigration rules and your ILR could be refused.

[Wanderer]

Hello,

I have been on a Tier 2 General Visa since Aug 2012 through an Umbrella company which also manages my contract via an Agency & the same umbrella company pays me salary every month. In short, though I initially got my first contract from the agency, I became the permanent employee of the Umbrella company from Aug 2012 once they sponsored me the Tier 2 General Visa.

I'm applying for my ILR soon & the Umbrella company have issued me a Employee reference letter. I have been reading some topics about working with an Agency via a Tier 2 general visa from an Umbrella company being illegal;

1) Can some one please help me to understand if this is correct ? Will this be a problem ? Do I also need to present the document from the Agency apart from the Umbrella company ?

2) I had 4 days of continuous unpaid leave in 2013 while I was away from the country, is this going to be a problem ? Do I have to show this in my application, If yes how do I need to present this in my application ?

I would really appreciate some guidance & help please.

P.S - I wasn't away from the country for more than 180 days in any single year in the last 5 years

Problem? More like total disaster.

As others have said, you cannot work via an intermediary, name and shame I say, the Brolly will upsticks and pocket the cash at any hint of trouble ie when you apply for ILR and UKVI check up. Hopefully they've at least paid your tax, ill-gotten or not.

[Mkhan327]

Sorry Guys,
My mistake as I wasn't clear in my first post.

1) It is an Employer company employing people, Manages projects, provides services, and offers umbrella services on request. So I believe it is not illegal.

2) Can you please advise on the 4 days of continuous unpaid leave in Tier 2 General. Will it be a problem ? Do I have to show this in my application, If yes how do I need to present it ?

[CR001]

Can you explain if you are charged a 'commission' or 'fee' out of your monthly salary?

Do you work for your 'employer' or do you get sent out on 'contract'?

Visa since Aug 2012 through an Umbrella company which also manages my contract via an Agency & the same umbrella company pays me salary every month. In short, though I initially got my first contract from the agency,

It appears you were 'contracting' on Tier 2 at some point based on the above quote and using the term 'agency' ' manages my contract visa agency'.

[Neeta1017]

Hi there , did you find out yet that if it’s illegal to work for umbrella company. Can you please let me know as one of my relative also thinking to join umbrycompany and work on contract jobs. Thank you

[CR001]

Hi there , did you find out yet that if it’s illegal to work for umbrella company. Can you please let me know as one of my relative also thinking to join umbrycompany and work on contract jobs. Thank you

It is not permitted on tier 2 General. It is a breach of the visa conditions to do contracting for a third party agent.

[Justlorde]

Contracting via umbrella company is illegal, however if you're working as a "contractor" at another company but you're managed and controlled by your current employer who is sponsoring your visa and makes monthly pay to you, then that should be fine. Key word being who is in control, is it the place/company you work for or the company who pays your wages.

Think of it as working for TCS/Accenture/Wipro/Infosys who get managed service contracts from RBS, Lloyds, Shell, et al. and then they find resources to place there.

In the above scenario, though you will be a "contractor" for RBS, Lloyds, Shell, et al. you would be actually employee of TCS/Accenture/Wipro/Infosys working on other project and they will be always in control of your work.