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

[stek]

Any foreigner here not on a visit visa is resident here.

Why do you assume the foreign resident will do a runner?

Time to investigate your scapula for evidence of sliced fried potato products...

[Cirrus]

Tip of The Upcoming Iceberg

Maybe at least one person out of the mentally deficient hoard who voted our country out of the EU will now understand that 'free trade with the rest of the world' is not actually the wonderful brave new world that leads us into a brilliant sunny horizon.

The Brexiteers somehow thought the EU was to do with funny shaped vegetables. Nobody explained to them it was a massive protection racket - a big Mafia protecting our Western standards of living against the ravages of the Third World. We could do that inside such a powerful gang but outside we are going to be skinned alive...

[SueEllen]

All done - I always keep it positive to get the offer. Didn't stop the post interview Agency back-stabbing.


Curious who is on the hook here to ensure the non-resident candidate is bonafide?

If through an Umbrella - the candidate will be employed by them, so should they be doing the checks - else if through Ltd Co, is it the Agent responsibility?

Does Clientco have any legal responsibility in all of this?

And if the work is found to be disguised employee (non IR35 compliant) - then does this mean the Clientco is directly employing and would be responsible?

The person if skilled for the role and they are accompanying a student spouse then they are legally allowed to do it.

Moaning about 12 months etc isn't going to get you far. I know when I have been referenced and it covered my university years the dates were from the start of one academic year to the day before the beginning of the next.

In the case of clientco they think they will have a more compliant worker as they may be presuming the person must work here to be able to afford to live. Depending on the country of origin this isn't true and even more so if the person is skilled as they can go elsewhere if they are badly treated.

[stek]

Additionally if the goal is ILR/BC via student visa then Tier 1/2 then a squeaky clean tax record is obligatory, witness immigration boards were refusals abound for SA302's not matching incomes declared for visa applications/extensions/switches.

[pauly]

The person if skilled for the role and they are accompanying a student spouse then they are legally allowed to do it.

The contract work length was for a year until June 2018. The immigrant candidate's spouse course will finish in Aug 2017 and then they probs have until Dec 2017 work authorisation grace period. Although it looks like Theresa has been busy here.

I think the Agency is covering this up from Clientco and is probably going to keep quiet about it - or do something dodge to keep the work authorisation going.

If the work authorisation runs out and the Agent keeps quiet - how is the Clientco going to know?

Does the Clientco have any immigration responsibility checking when hiring through an Agency?

So much has changed with AWR post 12week Clientco responsibilities - was unsure there is a responsibility on the Clientcos now - and thus they would quickly see the immigrant candidate does not have lengthy work authorisation?

[stek]

It's not your problem, you didn't get the gig, forget it, look for the next one...

[SueEllen]

The contract work length was for a year until June 2018. The immigrant candidate's spouse course will finish in Aug 2017 and then they probs have until Dec 2017 work authorisation grace period. Although it looks like Theresa has been busy here.

I think the Agency is covering this up from Clientco and is probably going to keep quiet about it - or do something dodge to keep the work authorisation going.

If the work authorisation runs out and the Agent keeps quiet - how is the Clientco going to know?

Does the Clientco have any immigration responsibility checking when hiring through an Agency?

So much has changed with AWR post 12week Clientco responsibilities - was unsure there is a responsibility on the Clientcos now - and thus they would quickly see the immigrant candidate does not have lengthy work authorisation?

The agency will lie and say that the person has a family emergency so had to fly home asap.

I've heard this before from outsourcers and agents. I know it covers all eventualities.

[pauly]

The agency will lie and say that the person has a family emergency so had to fly home asap. I've heard this before from outsourcers and agents. I know it covers all eventualities.

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?

[stek]

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?

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. Get that out of your head.

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? It's cos you think his missus nicked your job isn't it?

I don't think contracting is for you, go perm.

[SueEllen]

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. Get that out of your head.

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? It's cos you think his missus nicked your job isn't it?

I don't think contracting is for you, go perm.

Ahh this is the issue - he was beaten by a woman.

If clientco is a global company they would want to ensure they have good diversity statistics in as many offices as possible.