Tier2 General Visa - Contracting

[devopslondon]

Hello,

I am in London on Tier2 General Visa. A Ltd. company sponsored me and my end client is a bank. My current work with Bank will be ending in couple of months. My employer ( Ltd Company) told me I can search for contracts on my own. I am having two queries

1) Can I find/work on a contract - inside IR35 , if yes, how? ( I am fine with any tax deductions etc, I just want to complete 5 years, in uk from 2 years now)
2) Can I work on a contract - outside IR35?

I know one perfect way could be find a new sponsor. That is anyway I am searching parallelly.

Any help is appreciated.

Thank you.

[CR001]

Contracting on tier 2 is illegal and a breach of your visa conditions.

Whose payroll are you on?

Does the ltd company take a percentage of your earnings?

Did they charge you for a CoS?

[devopslondon]

Contracting on tier 2 is illegal and a breach of your visa conditions.

Whose payroll are you on?

Does the ltd company take a percentage of your earnings?

Did they charge you for a CoS?

Hello,

I am on a payroll of Ltd Company, and ltd company end client is a bank ( bank has a contract with my company), I don't know how much they charge, but I get fixed salary.

[CR001]

You still cannot find your own contracts and contract on tier 2.

[poper]

https://www.gov.uk/guidance/immigration ... led-worker

SW 5.6. The decision maker must not have reasonable grounds to believe the job the applicant is being sponsored to do amounts to:
(a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent; or
(b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.

[devopslondon]

Is below not valid anymore? I am searching in latest guidelines though

https://assets.publishing.service.gov.u ... _04-14.pdf
----------------------------------
Migrants working on a contract basis

39.42 Where a migrant is working on a contract basis and is being supplied to one organisation
by another organisation, their sponsor must be whoever has full responsibility for the duties,
functions and outcomes, or outputs of the job.

39.43 An example is where Company A has a contract with a client - Company Z - to deliver
an IT solution within agreed timescales. A migrant who is sponsored by Company A to work on
that project, may be sent to work for the length of the contract at Company Z’s premises, but they
remain employed by Company A throughout the period of the contract. As Company A is fully
Tier 2 & 5 of the Points Based System - Guidance for Sponsors - Version 04/14 Page 132 of 144
responsible for their duties, functions, outputs or outcomes, Company A must be the migrant’s
sponsor.
-----------------

[devopslondon]

Is below not valid anymore? I am searching in latest guidelines though

https://assets.publishing.service.gov.u ... _04-14.pdf
----------------------------------
Migrants working on a contract basis

39.42 Where a migrant is working on a contract basis and is being supplied to one organisation
by another organisation, their sponsor must be whoever has full responsibility for the duties,
functions and outcomes, or outputs of the job.

39.43 An example is where Company A has a contract with a client - Company Z - to deliver
an IT solution within agreed timescales. A migrant who is sponsored by Company A to work on
that project, may be sent to work for the length of the contract at Company Z’s premises, but they
remain employed by Company A throughout the period of the contract. As Company A is fully
Tier 2 & 5 of the Points Based System - Guidance for Sponsors - Version 04/14 Page 132 of 144
responsible for their duties, functions, outputs or outcomes, Company A must be the migrant’s
sponsor.
-----------------

I am able to find in latest docs

https://assets.publishing.service.gov.u ... 0_v1.0.pdf

Sponsoring workers to work on a contract basis

S1.15
If the person you wish to sponsor will be working on a contract basis (being
supplied as labour by you to another organisation or third party), you must
have full responsibility for all the duties, functions and outcomes or outputs of
the job the worker will be doing. Where the worker is employed by you to do
work for a third party 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 been completed or the service provided will no longer
be operated by you or anyone else.
Example
Company A has a contractual obligation with a client Company Z to deliver
an IT solution within an agreed period of time.
A worker who is sponsored by Company A to do a job on the IT project may
be sent to work for the length of the contract at Company Z’s premises, but
they remain employed by Company A throughout the whole period of the
contract.
As Company A is fully responsible for all the worker’s duties, functions,
outputs or outcomes, Company A can be the worker’s sponsor and therefore
assign the CoS.