Tier 2 genral

[Mo haque]

Hello All,

My question is, I'm on Tier 2 General visa sponsored by IT company which allows me to work with any IT company as contractor ? it is not Umbrella company,but they look after my payroll and taxation.

how should i explain to these recruitment agency to convince them i have write to work in UK with any IT company ? because i'm getting rejected on my visa status, they think i can only work with sponsored company.

Please advice

Mohammed

[CR001]

You are not allowed to contract on a Tier 2 General visa. You are breaching your visa conditions.

You are only allowed to work for your sponsor and hopefully they are a proper approved sponsor on the HO list. If your 'sponsor' is leaving you to find your own contracts, it is an umbrella company or similar. Does your sponsor charge a commission or take a percentage of your earnings?

The recruitment agencies are correct, they won't help you.

Tier 2 General is NOT like a Tier 1 General which did allow contracting.

[Mo haque]

Thank you for reply,

Yes its kind of umbrella company or similar,
Yes they charge me 10% from my earnings.

please advice.

[CR001]

You are not allowed to do what you are doing. Contracting is strictly forbidden on Tier 2 General. It is in breach of the Tier 2 G rules.

You risk your visa being curtailed/cancelled and will likely struggling to get an extension.

I suspect you also had to pay them a 'CoS fee' which would likely have been expensive. An approved sponsor DOES NOT charge for a CoS.

[Mo haque]

But As a contractor, my company who sponsored me exchange the contracts and do the needful,
client pay my salary without tax and VAT to my company then they deduct tax and commission and pay me,
so i get payslip from my sponsored company.also they have few employees working same way and they are on contracts with reputed companies like company name removed by moderator and all which does consider tier 2 general visa on fixed term contract.

please advice

[CR001]

A genuine HO approved sponsor does not charge a 'commission' out of your pay.

Did you pay a fee to your 'sponsor' for your CoS (not visa)?

See the thread below as an example of problems.

http://www.immigrationboards.com/uk-tie ... 02109.html

[Wanderer]

But As a contractor, my company who sponsored me exchange the contracts and do the needful,
client pay my salary without tax and VAT to my company then they deduct tax and commission and pay me,
so i get payslip from my sponsored company.also they have few employees working same way and they are on contracts with reputed companies like company name removed by moderator and all which does consider tier 2 general visa on fixed term contract.

please advice

You are not allowed to work via an intermediary, full stop.

[noajthan]

But As a contractor, my company who sponsored me exchange the contracts and do the needful,
client pay my salary without tax and VAT to my company then they deduct tax and commission and pay me,
so i get payslip from my sponsored company.also they have few employees working same way and they are on contracts with reputed companies like company name removed by moderator and all which does consider tier 2 general visa on fixed term contract.

please advice

You are clearly the willing or unwitting victim of a scam.

How long has this been going on for?
- how much money have they leeched out of you?

See also:
http://www.immigrationboards.com/uk-tie ... 64478.html

[CR001]

And based on the link that noajthan has provided and the comments within the link from TheStationAgent and FrontierMole, I would guess that you have a problem as what you appear to be doing, is illegal.

[Mo haque]

Thank you very much guys,
Apology for late reply.
Want to add some thing to my query,
If i want to switch my Visa status from Tier 2 General
What are my options ? Also i want to clearify few things.
1- I came to UK in Jan 2009 finished my Msc in 2012 then was on Psw till aug 2014, from aug 2014 till Aug 2017 i have granted Tier 2 general visa ? Now the company who sponspored is going in lose and cannot afford me. so if change my visa from tier 2 to tier 1 entepunar,Suppose i have been granted visa under tier 1 will that 3 years on Tier 1 count on ILR in 2019 ?
2- If i want to do PHD or any other course in bussiness from
my former uni what are my chances to get Tier 4 visa ?
3- In worst case suppose my Tier 4 visa gets refused will that effect my current tier 2 visa which is still valid till next year aug ?
4- what is the study cap if i came in UK 2009 and studied 3 years as student in tier 4 visa ? do i still have 2 yrs of study or if i do phd the cap is 8 yrs ?

sorry for being so lengthy
please advise,
Thank u
Mo