Paragraph 563 of the UKBA Tier 2 sponsor guidance states: “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.”
I would like to understand if the following working arrangement was in place, would it satisfy UKBA sponsorship guidance?
• I am employed by an IT consultancy that is a A-Rated Sponsor
• The IT consultancy will have a supplier relationship with an Agency (e.g. Hays etc) to deliver services to the Client (e.g. a bank)
• The Agency has a supplier agreement with the Client to bring on board services to fulfil the project.
To put it simply, the working relationship is as follows:
Migrant (me) > IT Consultancy > Agency > Client
Therefore, I am a consultant employed by the IT consultancy that has an agreement with the Agency to deliver a project to the client. As such, I would be not an employee of the client so my IT consultancy company can sponsor me.
How I read it is that the UKBA will allow the migrant to be working at another organisation so long as their sponsor is the one who determines their job function. So in this case, if the IT consultancy can prove they are determining my responsibilities, and not the client (which is how some people may interpret), then I should be okay?
Or what else should I be considering? The Agency > Client contract too?
Any advice, experience, feedback is much appreciated!
