Tier 2 - agreement with consultancy

[rjg29]

Hi,

Quick question - is it against Tier 2 regulation if the chain looks like this:

Migrant holds Tier 2 visa with original technical consultancy
Consultancy holds agreement with us (another consultancy) to work on a contract at client site
We put the migrant on a piece of work with our client

I know the Tier 2 responsibilities would lie with the original consultancy, but to me, the above set-up contravenes point 40.42 of the Tier 2 guidance:

40.42 You can only assign a CoS if you have genuine responsibility for deciding all
the duties, functions and outcomes or outputs of the job the migrant will be
doing. Where the migrant is employed by you to do work for another
organisation to fulfil a contractual obligation on your behalf, they must be
contracted by you to provide a service or project within a certain period of
time. This means a service or project which has a specific end date, after
which it will have ended or the service provided will no longer be operated by
you or anyone else. They must not be:
• agency workers, hired to another organisation to fill a position with them,
whether temporary or permanent, regardless of any genuine contract
between you and any employment agency or third party (intermediary)
who supplies workers to an organisation – the ‘Employment agencies and
employment businesses’ section has more information
• contracted to undertake an ongoing routine role or to provide an ongoing
routine service for the third party (intermediary), regardless of the length of
any genuine contract between you and another organisation

Any confirmation on this would be great.
Thanks

[Frontier Mole]

It is third party working, supplying labour to another company for that labour to be contracted on.

Yes it fails to meet the Sponsor guidance.