Undercut by Tier 4 (dependent) on a Visa - but is it legal??? Urgenty welcome advice

[Donvigeo]

Guys is this a contractor forum or immigration forum... this thread has no substance to say the least

Yep, they could be keeping sssh about the expiry and then spring it on Clientco.

Or, I suspect its worse than that - the Agency are finding some way around it too keep the non-resident on the gravy train for them.

I suppose they can just get the spouse to enlist on another course for a while to keep the dependent visa going?

Clientco are a image conscious large global company. Are Clientco arms length from all this - or do they have legal responsibilities of right-to-work checks for non-resident Agency workers?

[SueEllen]

Guys is this a contractor forum or immigration forum... this thread has no substance to say the least

You can complain to admin if you think the thread should be in General.

[pauly]

1. Who's non-resident? Only visitors and illegals are non-resident. Spouse visa, Work Permit, Student visa, YMS visa means you are resident. So are their in-country dependants.

Yep, that makes sense - that are residents based on their visas which provides the work authorisation to dependents.

2. CAS restrictions preclude students from T4 after T4, there's a 5 year cap and there has to be progression but if the guy is studying diligently and progressing, what's your problem?

He is doing it for the work authorisation mate, if you knew the course being done.

Seems relatively easy to get an extension on to another course for the work authorisation.

It's cos you think his missus nicked your job isn't it? I don't think contracting is for you, go perm.

This issue is the predatory behaviour of the Agency looking for cheap labour to line their pockets.


Via the brolly route the contractors is back-to-back contracted:
Employee --> Umbrella Company --> Agency --> Clientco


Who is responsible for the right to work checks in this or Ltd Co contractor chain?

[BigRed]

I understand why everyone is saying forget it, move on, but they all seem up in arms about people coming here on work visas and driving the rates down in other threads. He may not achieve anything for himself short term, but if the client is made aware of the issues and the duplicity of the agency we may all benefit eventually from more accountable agencies and better contracts. The Tier 4 candidate has a legitimate right to work here, it's a different argument about if they should be allowed to work here, but if the agency were doing it's job properly they should be warning the client about the risk of not getting an extension.

Clued up companies would do all contracts on a fixed fee to the agency. Fixed percentage would just encourage them to drive rates up, which would be great for us and the agency but not the client. What they get at the moment is is a choice of the lowest rate contractors to the agency who get sold on at top rates to the client. The end responsibility falls on the client as they do the final interviews.

[eek]

I understand why everyone is saying forget it, move on, but they all seem up in arms about people coming here on work visas and driving the rates down in other threads. He may not achieve anything for himself short term, but if the client is made aware of the issues and the duplicity of the agency we may all benefit eventually from more accountable agencies and better contracts. The Tier 4 candidate has a legitimate right to work here, it's a different argument about if they should be allowed to work here, but if the agency were doing it's job properly they should be warning the client about the risk of not getting an extension.

Clued up companies would do all contracts on a fixed fee to the agency. Fixed percentage would just encourage them to drive rates up, which would be great for us and the agency but not the client. What they get at the moment is is a choice of the lowest rate contractors to the agency who get sold on at top rates to the client. The end responsibility falls on the client as they do the final interviews.

Sorry but the game is very simple - move up the food chain and specialize in things that don't have competition or expect to be eaten alive....

The OP for reasons unknown (regardless of what the email says) didn't get the role. Don't waste time being angry about it calm down and find something else...

[stek]

I understand why everyone is saying forget it, move on, but they all seem up in arms about people coming here on work visas and driving the rates down in other threads. He may not achieve anything for himself short term, but if the client is made aware of the issues and the duplicity of the agency we may all benefit eventually from more accountable agencies and better contracts. The Tier 4 candidate has a legitimate right to work here, it's a different argument about if they should be allowed to work here, but if the agency were doing it's job properly they should be warning the client about the risk of not getting an extension.

Clued up companies would do all contracts on a fixed fee to the agency. Fixed percentage would just encourage them to drive rates up, which would be great for us and the agency but not the client. What they get at the moment is is a choice of the lowest rate contractors to the agency who get sold on at top rates to the client. The end responsibility falls on the client as they do the final interviews.

Its not possible to contract on a work visa because for one it's not permitted on T2G to work via an intermediary and second the agent is legally bound to check the applicants right to work - i.e. passport and visa. Last god knows how many UK contracts I've had since 2011 at least the agent has requested a copy of passport. No comply, no contract.

Last year or so I've been working in EU, none of them have asked!

[Elliegirl]

[B]Went for an interview with great Clientco for genuinely long contract prospect through an Agency.

Now there's an assumption and a half right from the start.

[Elliegirl]

I understand why everyone is saying forget it, move on, but they all seem up in arms about people coming here on work visas and driving the rates down in other threads. He may not achieve anything for himself short term, but if the client is made aware of the issues and the duplicity of the agency we may all benefit eventually from more accountable agencies and better contracts. The Tier 4 candidate has a legitimate right to work here, it's a different argument about if they should be allowed to work here, but if the agency were doing it's job properly they should be warning the client about the risk of not getting an extension.

And if the agency doesn't do it's job properly, it will disappear down the plughole along with the many dodgy companies that have come and gone over the years.

[Elliegirl]

Sorry but the game is very simple - move up the food chain and specialize in things that don't have competition or expect to be eaten alive....

The OP for reasons unknown (regardless of what the email says) didn't get the role. Don't waste time being angry about it calm down and find something else...

Digby Jones once said 'China wants your lunch and India wants your dinner'. Workwise I take nothing for granted and fight for every role I go for and ensure my skills are as good as they can be. Despite this, I may not get the gig for whatever reason, including agency or client shenanigans, ,with them trying to save money. I move on and prepare for the next battle. Keeps me on my toes.

[SussexSeagull]

Be interesting if the Conservatives stick to their promise and reduce immigration to tens of thousands. As most of them will probably go straight to the NHS and students are to be included in the figures, a few clients might be in for a shock in a few years.