T2 (General) - Creating Small company

[sumlak]

Hi members/advisors,

Greetings for the day!

I am on a T2 General visa but it is pain to go through the visa application time and again in case of job change. I was reading a couple of forums and the UKBA site itself and got to know that the fees for getting a new sponsor license is just £515 for a small company and £1545 for a medium or large sized business. My questions are:

(1) Can I or one of my friends register a "REAL and LEGITIMATE" company, apply for the sponsor license and sponsor me?

(2) Is is necessary to get a license from an Employer and get paid from him? I read that it can also be an indirect relation to the sponsor. (http://www.ukba.homeoffice.gov.uk/busin ... 2-general/) Does this mean that I get a license from the new company created and work elsewhere as a consultant? Given the nature of the company and my consultancy field are in the same Job Category?

(3) Are the amounts correct for Sponsorship License - £515 for a small company and £1545 for a medium or large sized business? I got them from the link below:
http://www.ukba.homeoffice.gov.uk/busin ... falicence/
What's the difference between a normal sponsor and a Premium sponsor? Will I get a Tier 2 (A Rating) if I apply for a license?

(4) Where can I find the eligibility criteria to be fulfilled for a sponsor?

I am into Digital Marketing - SEO and can work as an independent consultant and need not be tied up in a 9-5Job but Tier 2 visa is making it difficult for me to get a desired job as most of the employers (a) are not on the sponsor list and (b) if they are and are ready to make an offer, they do not have certificate of sponsorship. It is like being bullied by the UK Visa system?

Isn't there a way to get away from the sponsorship element of Tier 2 visa?
*** Please don't suggest Investor or Entrepreneur route as if I had that much money I wouldn't have been posting these questions here. ***


Many Thanks,
Sami

[FaeLLe]

You are looking for a visa to freelance - this is not what Tier 2 General is meant for.
Sure you can do it but you might not get away with it.

Evaluate the risks associated and take a decision.
Best to work with your employer till ILR then determine what you want to do.

[onlooker]

sumlak, you may want to look into Tier 1 Enterperner visa. Be aware though that switching from Tier 2 will reset your ILR clock
FaaLee, Tier 2 sponsors can be consultancies. For work that is project-based and not routine, it should be reasonably easy to comply with UKBA policies.

[Even]

I have essentially the same question.

I am particularly interested in a response for this part:
"(1) Can I or one of my friends register a "REAL and LEGITIMATE" company, apply for the sponsor license and sponsor me?"

I have already established a Limited company. I have been doing "contracting" under the now defunct Tier 1 General visa. Mine will expire soon and I don't have enough years to go for ILR. (I am also looking at the Tier 1 Entrepreneur as an option but cash may be tight.)

[ravi_ei]

If your friends create a company and apply for TIer 2 licence it is legal. No one is stopping them from doing it. But the catch is on Tier 2 you cant hire someone only for the purpose of sending them to a third company.

If you want to send someone to a third company then you must have a business agreement for a project between the two companies otherwise its illegal.

Also the company who hired you on tier 2 need to pay you regularly irrespective of the work they are getting from third company.

The problem I see here is that if your friends create a company you might be the only person employed. On a regular check from UKVI they will be very suspicious on the fact that the company only has one employee who is on Tier 2 and is working in another company for some project.

I see it very risky. Its better to follow the straight route through an employer with Tier 2.

The thing you are trying to do is not exactly for which Tier 2 is introduced for.

I will say to follow the law they way it is designed for and not try the way around it.

Thanks
-Ravi

[Even]

but if the company's main business purpose is selling (IT) consulting services to other UK companies shouldn't it be able to sponsor skilled immigrants to do that? (That's pretty much what large consulting companies like Tata do.)

and if that is legitimate business why should it matter whether there are, for argument's sake, 100 employees involved or only 1

[ravi_ei]

but if the company's main business purpose is selling (IT) consulting services to other UK companies shouldn't it be able to sponsor skilled immigrants to do that? (That's pretty much what large consulting companies like Tata do.)

and if that is legitimate business why should it matter whether there are, for argument's sake, 100 employees involved or only 1

If the main business is selling IT consulting services and company has agreements with other firms for that work then I dont see any problem.

But the important thing is that, say company has good business of IT consulting and they are only hiring non-EEA people to do the job then that is not right. As you said for arguments sake if company has 100 employee with a good balance between local and Tier-2 employees its completely right as long as all the conditions of Tier 2 licence are fulfilled.

[ravi_ei]

but if the company's main business purpose is selling (IT) consulting services to other UK companies shouldn't it be able to sponsor skilled immigrants to do that? (That's pretty much what large consulting companies like Tata do.)

and if that is legitimate business why should it matter whether there are, for argument's sake, 100 employees involved or only 1

If the main business is selling IT consulting services and company has agreements with other firms for that work then I dont see any problem.

But the important thing is that, say company has good business of IT consulting and they are only hiring non-EEA people to do the job then that is not right. As you said for arguments sake if company has 100 employee with a good balance between local and Tier-2 employees its completely right as long as all the conditions of Tier 2 licence are fulfilled.

But if the company only has one employee who is on Tier 2 then thats not correct. It simply gives them idea to investigate if there is a nexus between the candidate and company owners. If the the nexus between them is proven then UKVI will simply revoke the licence.

[Wanderer]

Ask yourself a simple question.

"Am I attempting to circumvent the immigration rules?"

I think you find the answer is yes.

[ravi_ei]

Wanderer has put in very sweet and simple words

[madimm]

This was once came to my thoughts.

In real life, I never know or see such. But I do know that there are people get themselves Tier 1 (200K or 50K) visa, then work for 3rd-party company.

I think this is risky and involves too many tricks and sacrifices.

[Even]

I can't see why this circumvents the law in any way or the intent of a Tier 2

the company (my company) could sponsor me in the first instance under a Tier 2 and then also hire non-immigrants as contracts increase and business grows


if that is too complicated ... well perhaps the answer is ... start off as was suggested carrying out the consulting as a Tier 1 Ent