Tier 2 General- Work location

[abhisheklbsim]

Dear Expert,
Would be great if you can let me know answer of below question:-

If we get tier 2 General visa, then are we eligible to work ONLY at our sponsor's premises/ address mentioned in COS or we can also work for any other company as a contractor?
Because while applying for COS, our sponsor may not have company information for which we will work as a contractor.

Thanks in advance for your inputs.

Cheers,
Abhishek

[CR001]

You are not allowed to do contracting work on Tier 2 General. You can only work for your sponsor on the sponsors PAYE.

Explain more about what you mean by

or we can also work for any other company as a contractor?

[abhisheklbsim]

Hello CR001,
Many thanks for your response.

Let me explain with example. Suppose, I get Tier 2 General sponsorship from ABC recruitment company, who is providing me COS. And they find a contractual role for me in XYZ company. XYZ is paying to ABC and I am getting salary from ABC company (which may vary every month based on contract rate or working days etc).
In COS; we will have name and address of ABS company (because while raising COS, ABC doesn’t know where I will work) whereas my work location will be XYZ`s address. Whether this is legally correct or not.

Another question is, after getting COS; if ABC company faces any issue like their sponsorship licence expires, sponsorship cancelled by authority, then whether I am eligible to work for XYZ OR I have to leave UK if I don’t find any new sponsor.

Many thanks for your help.

Kind Regards,
Abhishek

[CR001]

You cannot do contract work through a third party agency or umbrella company. It is NOT permitted on Tier 2 General and is illegal and a breach of the visa conditions.

Have you been asked to pay a fee for the CoS?

Will ABC Recruitment Company charge you a monthly 'fee/commission' on your earnings?

[abhisheklbsim]

Hello CR001,

Thanks for your response.

Yes, I have been asked to pay fees for getting CoS.

Yes, ABC recruitment company will charge some fees on monthly basis on my earning.

Thanks,

[CR001]

You are being scammed. You will never qualify for ILR based on the circumstances you have stated. A genuine sponsor will NOT ask you to pay a fee for your CoS and also will NOT charge you a 'commission' based on your earnings.

You are not permitted at all to do what they are 'offering' on a Tier 2 General visa, in any contracting capacity. Remember that Tier 2 General is NOT the same as the now closed more relaxed visa Tier 1 General where you could be self employed and contract through an umbrella company.

Tier 2 General you MUST ONLY work for your sponsor on their payroll, with the set salary per the SOC payable monthly after tax and NI etc and a minimum salary of £30k or what the SOC states, whichever is HIGHER.

Last year a member posted out of desperation after 5 years of working in this way and asking if they will get ILR, which they won't. The member was devastated and exhausted from being exploited and charged 30% of their earnings as commission and all for nothing.

There have also been members who posted in the last couple of years who got refused as these 'agencies' were recycling a single CoS and selling them to more than one person to use, which is not possible at all.

I really hope for your sake you have not lost money already.

[CR001]

Are the questions in this topic related to your other query in the link below?

uk-tier-2-employer-sponsored-visas/retu ... l#p1643574

[abhisheklbsim]

Hello CR001,

No, these questions are not related to earlier post. Earlier post was for Tier 2 ICT visa (for my wife) and this for for Tier 2 General visa (for me).

[CR001]

Out of interest, how did you come to know about ABC Recruitment Company?? Did they contact you out of the blue??

[abhisheklbsim]

Hello CR001,

Yes, they have contacted me directly

[abhisheklbsim]

Hello CR001,

Many thanks for your inputs so far. I have not paid any money till now

Just to inform, I have used “contracting” word in my earlier post. In this scenario, I will not sign any contract with XYZ company. XYZ and ABC will have some understanding between themselves and I will get salary from ABC.

Now, if we ignore ILR part as of now (let’s assume it’s OK if I need to return back in 4.5 years as I will not get ILR) and if this ABC recruitment company is genuine and mentioned in CoS that they will pay me X pounds per month, then is it OK? I am asking it because-
1) If I get Tier 2 General and stayed 4.5 (or 5) years in UK, then legally I should be eligible for ILR.
2) As I understand (I may be wrong), many IT/ITES companies hire people on Tier 2 General visa, and these people work for some other clients. Client pays money (daily rates) to those IT companies and these IT companies pay a fixed salary to people recruited under Tier 2 General visa. Is this scenario different than the scenario that we are discussing?

Thanks,

[CR001]

You cannot do what they are offering on a Tier 2 General visa, it is illegal, not permitted and you would be breaching your visa conditions and could face a 10 year ban from the UK.

Contracting is NOT permitted. Working at a client site on a project (not contracting) is very different to what this umbrella company is proposing.

By being charged a monthly 'commission percentage' of your salary and having to pay for a CoS, it is clearly a scam, by people preying on those who so badly want to come to the UK. Once you are here, there are not 'contracts' for you and they will tell you to find your own contracts and anyone you approach will see you have an employer specific sponsored visa and won't be able to help you.

HO is very aware of this problem with these 'sponsors' and have systematically revoked their licenses as they become known.

What is your job and skills??

[abhisheklbsim]

Hi CR007,

I am an IT consultant and works on ERP solutions. whether this information is helpful?

Thanks,
Abhishek

[CR001]

You still cannot do what this "sponsor" is proposing.

It is imperative that you follow the proper process with a proper sponsor who does not charge you for a Cos or take a % of your salary monthly. This is not normal at all.

You need to look at the approved HO sponsor list and apply for jobs etc to get sponsorship in the correct and legal way.

Sponsors don't look for people overseas and contact them out of the blue offering a Cos for a fee.

You are being scammed and if you choose to take this terrible risk, you will find now work for you and you will be told to find your own contracts, which you won't as tier 2 general visa doesn't permit this. your best option would be to walk away.