WP Sponsors demanding ongoing payment after Tier 1 granted

MFP · Post by **MFP** » Tue Mar 22, 2011 11:02 am

I have recently been approved a Tier 1 General visa which replaces my previous Work Permit. I have been contracting at the same bank for 18 months and wish to continue irrespective of changing visas.

The company that held my sponsorship WP and saying that I need to keep paying them the 15% fee I was paying them in order to sponsor me as long as I stay at that bank.

They are not the agency that listed the job originally but a separate company that sponsored me so I could stay in the UK but I now do not wish to have anything to do with them and wish to employ a separate umbrella acompany however they are demanding payment for as long as I stay in my current contract - is this legal?

jason23 · Post by **jason23** » Tue Mar 22, 2011 11:04 am

Have you looked through the original contract that you signed? That may prove to be a useful starting point. I would also wait for more suggestions.

MFP · Post by **MFP** » Tue Mar 22, 2011 11:46 am

Thanks. I only found out today so need to review my contract tonight but a friend has stated that even if they had put a policy in the contract it is not legal to restrict trade in this way or demand payment after my professional relationship with them should cease and they no longer hold my visa.

I'm not aware if there is any policy that states I cannot switch visas whilst working on the same contract and cease all ties with the previous work permit holders without penalty - surely they have no right to my future claim when they did not even supply the contract - a separate agency are the ones who advertised the role to start with

jason23 · Post by **jason23** » Tue Mar 22, 2011 12:27 pm

MFP wrote:Thanks. I only found out today so need to review my contract tonight but a friend has stated that even if they had put a policy in the contract it is not legal to restrict trade in this way or demand payment after my professional relationship with them should cease and they no longer hold my visa.

I'm not aware if there is any policy that states I cannot switch visas whilst working on the same contract and cease all ties with the previous work permit holders without penalty - surely they have no right to my future claim when they did not even supply the contract - a separate agency are the ones who advertised the role to start with

Realistically, I don't think they have a case but reviewing your contract will clarify things.
Also, in the worst case can't you just ask your employer to terminate your current contract and issue you with a new one which would prevent an legal worries.

MFP · Post by **MFP** » Tue Mar 22, 2011 12:41 pm

I explored that idea but the ex-sponsors have said that it is specific to working for that company rather than the contract I have with that company.

jason23 · Post by **jason23** » Tue Mar 22, 2011 12:58 pm

MFP wrote:I explored that idea but the ex-sponsors have said that it is specific to working for that company rather than the contract I have with that company.

Unless your contract was worded that way, I think they are just trying bullying tactics. Even, if it is on your contract I am pretty sure you will have a way out but it will need hiring of a solicitor in my personal opinion

manojk005 · Post by **manojk005** » Tue Mar 22, 2011 3:35 pm

jason23 wrote:
MFP wrote:I explored that idea but the ex-sponsors have said that it is specific to working for that company rather than the contract I have with that company.
Unless your contract was worded that way, I think they are just trying bullying tactics. Even, if it is on your contract I am pretty sure you will have a way out but it will need hiring of a solicitor in my personal opinion

It sounds like a modern slavery. It is like saying that since we brought you here so you have to pay 15% commission all your life!!! Your ex-sponsor definitely do not want to loose that 15% easy money so will not listen unless they are threatened with legal action. Better to communicate them by signed/special delivery post and everything in writing. To start with you can ask to confirm in writing whatever they are saying. That can be used in court if need arise.

Post by **PaperPusher** » Tue Mar 22, 2011 8:10 pm

Tell them to put everything in writing, and that you will let UKBA know and get their opinion.

I think that they may run a mile.

milan_ns · Post by **milan_ns** » Fri Mar 25, 2011 10:24 pm

WP can't be granted for solve purpose for contracting out an employee.

For that reason I'd keep UKBA out of this as you may have been in breach of conditions of your WP.

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WP Sponsors demanding ongoing payment after Tier 1 granted

WP Sponsors demanding ongoing payment after Tier 1 granted