Onsite Assignment with TIER -1 Visa

[kartik6783]

Hello Guys,

This is my first post here. Am working in the UK under TIER-1. I have been a ardent follower of the tier-1 general forum, which has been helpful in clearing a lota queries that i personally had. Kudos to one and all who made it possible.

Coming to my query, a friend of mine is travelling to the UK under TIER-1 (obtained in jan 2009) in a coupla months time for an onsite assignment. (ie) He would become a emplyee of the company's UK payroll. I assured him that there would be no problems in telling the immigration officer about this prior offer at hand. I also verified this opinion of mine from a answer posted to a similary query in one of the earlier posts.

However i am getting second thoughts now as to whether its legal at all. This is because if its a intra compay transfer(TIER-2), then there are certain formalities involved in it.Like the company has to advertise the job for 28 days (labour market test) and after there are no takers for the job, it can then go ahead and sponsor the candidate. So i guess rather than confessing the fact that you have a prior job offer at UK, its better to tell them that you are gonna search for one.

Any thoughts ?

Cheers,
kartik

[push]

Hello Guys,

This is my first post here. Am working in the UK under TIER-1. I have been a ardent follower of the tier-1 general forum, which has been helpful in clearing a lota queries that i personally had. Kudos to one and all who made it possible.

Coming to my query, a friend of mine is travelling to the UK under TIER-1 (obtained in jan 2009) in a coupla months time for an onsite assignment. (ie) He would become a emplyee of the company's UK payroll. I assured him that there would be no problems in telling the immigration officer about this prior offer at hand. I also verified this opinion of mine from a answer posted to a similary query in one of the earlier posts.

However i am getting second thoughts now as to whether its legal at all. This is because if its a intra compay transfer(TIER-2), then there are certain formalities involved in it.Like the company has to advertise the job for 28 days (labour market test) and after there are no takers for the job, it can then go ahead and sponsor the candidate. So i guess rather than confessing the fact that you have a prior job offer at UK, its better to tell them that you are gonna search for one.

Any thoughts ?

Cheers,
kartik

Cant help him in telling a lie to the immigration officer. If he has Tier-1 why do you say he will be coming here on Tier-2?

[ChetanOjha]

Hello Guys,

This is my first post here. Am working in the UK under TIER-1. I have been a ardent follower of the tier-1 general forum, which has been helpful in clearing a lota queries that i personally had. Kudos to one and all who made it possible.

Coming to my query, a friend of mine is travelling to the UK under TIER-1 (obtained in jan 2009) in a coupla months time for an onsite assignment. (ie) He would become a emplyee of the company's UK payroll. I assured him that there would be no problems in telling the immigration officer about this prior offer at hand. I also verified this opinion of mine from a answer posted to a similary query in one of the earlier posts.

However i am getting second thoughts now as to whether its legal at all. This is because if its a intra compay transfer(TIER-2), then there are certain formalities involved in it.Like the company has to advertise the job for 28 days (labour market test) and after there are no takers for the job, it can then go ahead and sponsor the candidate. So i guess rather than confessing the fact that you have a prior job offer at UK, its better to tell them that you are gonna search for one.

Any thoughts ?

Cheers,
kartik

If he is having Tier-1 and lie to immigration officer that he is coming on Tier-2, will IO cannot see the same on his passport? Will his tier-1 status will not be overwritten by Tier-2(presuming he got Tier-1 after tier-1).

[kartik6783]

@Push - I never said that my friend should lie about his visa status and that isnt possible as it would be too blatant from the stamping in his passport(Whether if its tier-1 or tier-2). Wat i wanted is this - A person coming with a tier-1 to uk through his company cannot proclaim he is doing so as this is a typical tier-2, intra company transfer(ICT) case & tier-2 has its own set of rules and regulations to be followed. So ultimately the person has to end up saying that he/she is gonna look for jobs (and then later join his company's UK branch as if he went there and got a job as a tier-1 migrant, which sounds perfectly legal !) . Hope things are clear.

Saw a coupla posts in this regard in the forum. It would be nice if those ppl can pitch in as well and voice out their experiences.

[tvn_ramesh]

@Push - I never said that my friend should lie about his visa status and that isnt possible as it would be too blatant from the stamping in his passport(Whether if its tier-1 or tier-2). Wat i wanted is this - A person coming with a tier-1 to uk through his company cannot proclaim he is doing so as this is a typical tier-2, intra company transfer(ICT) case & tier-2 has its own set of rules and regulations to be followed. So ultimately the person has to end up saying that he/she is gonna look for jobs (and then later join his company's UK branch as if he went there and got a job as a tier-1 migrant, which sounds perfectly legal !) . Hope things are clear.

Saw a coupla posts in this regard in the forum. It would be nice if those ppl can pitch in as well and voice out their experiences.

I think you understand that ur friend can work on his Tier1(G) visa... so "if" he comes into the country and will join the company in next few days.. than he dont need to tell the IO about his future plans.. as he is eligible to work for any company with his Tier1(G)..

Better keep it simple and straight.. wat u do next after u come into the country can be seen later..

[crowbar6]

@Push - I never said that my friend should lie about his visa status and that isnt possible as it would be too blatant from the stamping in his passport(Whether if its tier-1 or tier-2). Wat i wanted is this - A person coming with a tier-1 to uk through his company cannot proclaim he is doing so as this is a typical tier-2, intra company transfer(ICT) case & tier-2 has its own set of rules and regulations to be followed. So ultimately the person has to end up saying that he/she is gonna look for jobs (and then later join his company's UK branch as if he went there and got a job as a tier-1 migrant, which sounds perfectly legal !) . Hope things are clear.

Saw a coupla posts in this regard in the forum. It would be nice if those ppl can pitch in as well and voice out their experiences.

If you have a Tier-1 stamp on your passport, then you can join the UK entity of the Indian company without any hassles. A couple of ex-colleagues in my previous organization had done that. The Indian company was ok with this because they did not have to get a Tier-2 visa done for these chaps and saved money.

The legal paperwork is not a problem. What your friend should carry is an offer letter from the UK entity of the company and show it to Immigration Officer if asked. It is ok to get a Tier-1 stamped in India, get a job offer sitting in India and then travel. There is no rule that you have to come to UK first and then look for a job.

[kartik6783]

Cool guys. Thanks a lot for the clarifications.