extracts from
TIER 2 AND 5 OF THE
POINTS-BASED SYSTEM
POLICY GUIDANCE FOR
SPONSORS
May help you ............
Page - 13
EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES
60. If you are an employment agency or employment business, you can apply for a sponsor
licence but only to sponsor migrant workers who will be employed by you in connection with
the running of your business. You cannot sponsor a migrant who you then supply to a third
party as labour, regardless of any contractual arrangement between the parties involved.
61. If you are an employment agency or business and we grant a sponsor licence to you on this
basis, but subsequently find that migrants you are sponsoring have been supplied as labour to
a third party, we will revoke your licence.
62. If you are a sponsor that wants to employ a migrant worker who has been supplied to you
by an employment agency or business, you can only assign a certificate of sponsorship (CoS)
if:
a) you have full responsibility for deciding the duties, functions and outcomes, or outputs of
the job the migrant is doing; and
b) you are responsible for agreeing the migrant’s salary, and for paying that salary to the
migrant.
Pages 93-94
MIGRANTS WORKING ON A CONTRACT BASIS
568. 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 determining
the duties, functions and outcomes, or outputs of the job the migrant is doing.
569. An example of this would be where Company A has a contract with a client - Company
Z to deliver a bespoke IT solution within an agreed timescale. A migrant who is sponsored
by Company A to work on that project, may be sent to work for the duration of the contract at
Company Z’ s premises, but they remain employed by Company A throughout the period of
the contract and Company A is fully responsible for deciding their duties, functions, outputs or
outcomes. In this example, Company A must be the migrant’s sponsor.
570. You are only allowed to assign a CoS if it is clear that you have full responsibility for
deciding the duties, functions and outcomes or outputs of the job. Where the sponsored
migrant is carrying out work for a third party on your behalf, they must be contracted by you
to provide a time-bound service or deliver a time-bound project on your behalf. 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:
a) agency workers, regardless of any contract between you and any employment agency or
employment business (see paragraphs 60-62); or
b) contracted to undertake an ongoing routine role or provide an ongoing routine service for
the third party, regardless of the length of any contract between you and any other party.
571. If the migrant is working on a self employed basis, there must be a contract for
employment/services between you and the migrant. This contract must clearly show;
a) the names and signatures of all parties involved (normally, this will only be you and the Tier 2 & 5 of the Points-Based System – Guidance for Sponsors - Version 10/13 Page 94 of 125
migrant); and
b) the start and end dates of the contract; and
c) details of the job, or piece of work that the migrant has been contracted to do; and
d) an indication of how much the migrant will be paid.
572. Where we think that you are supplying a migrant to another organisation, we reserve the
right to ask for confirmation from that other organisation, that:
a) the migrant works autonomously and you, as the sponsor, have full control over
their duties, functions, outputs or outcomes; and
b) the migrant is not being supplied to undertake a routine role.
Source:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
spend some time on research and you'll be in better position to decide for yourself..........
Thanks
