Tier2 Dependant Becoming a Tier2 PBS Sponsor through Ltd Co

[T2DepBiz]

Hi

I looked around a lot on the net but could not find answer to perhaps a question which has not been asked frequently which is:-

Can a Tier2 Dependant (who is allowed to work normally as dependant with full rights except as a doctor) become a Tier2 PBS sponsor through a Limited company running in suitably sized office premises?

Basically, I hold over 20 years of IT management experience and have lots of clients in the UK who need skilled resources with skills I have had managed over past 20 years at various organisations. I run a Limited company within office premises (as a serviced office) and offer consultancy to clients in specific domains.

I was thinking of taking a Tier2 Licence under my Limited Co name and perhaps help clients find niche resources who may not be available within the UK. Ofcourse I am aware of all legalities of advertising etc for RLTM etc and duties of sponsor for maintaining a good HR system etc.

HOWEVER my dilemma is that I myself am dependant of a Tier2 PBS migrant who has (initial) leave to remain till 2016 (with almost 100% certainity of extention as my spouse draws over 100,000 as a salary as a Tier2 migrant and his co has huge dependability on him.

Can I as a Tier2 dependant, running a Limited co in office premises apply to become a Tier2 sponsor myself, or having an ILR is a must? Is there any place which says this is not possible or is definitely possible, so as I save £500 in licence admin costs and also save trouble?

Glad to hear possible answers! Thanks...

[T2DepBiz]

Gurus, anyone - I would appreciate a reply please...

[T2DepBiz]

Anyone please?
manci, you are a Guru- any insights on this?
Really appreciate a reply...

[Jeeves]

There are no rules to prevent you doing this, however, all sponsors need to have at least one Level 1 User that 'is a settled worker' (settled = ILR).

So you'd need to hire someone else that was settled to fill this role.

[T2DepBiz]

Jeeves-Thanks for the reply. Perhaps my oversight that I missed the fact that Level 1 user has to be settled as ILR. I presumed that given the fact I am legally allowed to work/own a business - I could qualify to be a Level 1 user, with a good probability that extention of my spouse's Tier2 visa will grant as settlement.

The fact that I just have to hire a Level1 user just for the qualification as a settled 'ILR' increases my Operating expenditures when that person would probably do no work for me besides perhaps just being a dummy; as all the business execution model is being done by me....

But rules are rules; so I may just have to partner perhaps with someone who has ILR and that person to be a contributer in my business that just be a hired ILR dummy...honest...

Any more guidance or alternates welcome
Thx

There are no rules to prevent you doing this, however, all sponsors need to have at least one Level 1 User that 'is a settled worker' (settled = ILR).

So you'd need to hire someone else that was settled to fill this role.

[smart_gem]

Hi there,
the best thing for you is to apply for a license through an OISC regulated immigration adviser and make him Level 1 user. By this you wont have to employ a dedicated employee. The OISC immigration adviser should charge you the normal case fee only.

[Jeeves]

You can be Level 1 User too, you just need at least one that is settled - they can create an account for you after the licence is approved.

Best to read the section on Level 1 Users in full, if the person you hire is, in your words, a 'dummy' then they might not qualify either. Also, if UKBA do a visit (some of which are unannounced) you might have a problem if they decide the 'dummy' doesn't work for you.

smart_gem's suggestion is a good idea.

[T2DepBiz]

Thanks smart_gem for this gem of an advice! It never occured to me I could ask an OISC advisory to be the L1 user. Possibly I could use a law firm which also advertise themselves as facilitators for granting Tier2 Licences as they can take ownership of L1 user as well.

I skipped the above idea as I thought of being do-it-yourself, by applying for licence online and owning the complete lifecycle to save costs.

I will approach law firms offering such services explaining my situation, however not sure whether they will charge me one time for services or will be a monthly running-cost as they would realise I cannot be L1 user because of my residency status.

Any comments.

Hi there,
the best thing for you is to apply for a license through an OISC regulated immigration adviser and make him Level 1 user. By this you wont have to employ a dedicated employee. The OISC immigration adviser should charge you the normal case fee only.

[T2DepBiz]

Jeeves- I appreciate your and smart_gem's replies and agree to your suggestions.
I also want to clarify that I did read the rules and aware that the L1 (or for that matter any person cannot be) dummy just for the sake of it - that was the reason worried about the extra cost of just hiring a settled person for the sake of being a L1 user - to be present in the office all times. I even thought let that person be a secretary or something - but I cant delegate L1 responsibilities to a secy!

OISC advisory stuff seems good - although if I kinda 'outsource' the L1 responsibilty to an OISC advisor (WHO would typically have his own office somewhere else) - will that be a concern to UKBA (as say on visits to my office that person may NOT be present)?

I ask that because I am not sure whether the OISC advisor would charge a one time fee for filing for licence, becoming a L1 user etc. or will be on a per month/CoS basis - as that would deem as kinda 'employed' by me, or in other words part of my organisation - if thats mandatory as per UKBA?

Hope you understand my concern and I want to play it safe and right.

You can be Level 1 User too, you just need at least one that is settled - they can create an account for you after the licence is approved.

Best to read the section on Level 1 Users in full, if the person you hire is, in your words, a 'dummy' then they might not qualify either. Also, if UKBA do a visit (some of which are unannounced) you might have a problem if they decide the 'dummy' doesn't work for you.

smart_gem's suggestion is a good idea.

[smart_gem]

It is safe to rely on an OISC regulated adviser. You do not have much choice as a permannet settled employee will cost you much more. Also one thing you must keep in mind that if a user reveals his password to someone else then the TIER2 LICENSE will be REVOKED. It is a gross misconduct so please take care.