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

[Fred Bloggs]

Presume myco is your employing agency or consulting company? It sounds as though end client in this case felt they did have a responsibility.

Don't know if legally/technically they do as they are not the "employers" of the individual.

In the case of Ltd Co contracting - the legal employer would be the owner of the business - who often is the contractor - would that create a situation where the Ltd Co director (you) is responsible for checking the immigration docs of the employee (you).

FWIW, MyCo Ltd = HisCo Ltd.OK now?

[pauly]

Theresa May to charge firms £2,000 for each non-EU migrant they employ - Business Insider

May's manifesto unveils doubling the recent charge for non EU workers.

Would a Clientco face exposure to this charge when taking on an non-EU Agency LtdCo/Umbrella worker?

[Donvigeo]

This is for Tier 2 visa holders otherwise known as ‘work permit’. If I were you I’d dust my CV and move on instead of moaning about immigrants stole my job, alternatively why don’t you pursue it the legal way since you have an email ( though I pretty much doubt you do have any email!). The amount of time you have spent on here moaning is enough to get you a new role mate

Theresa May to charge firms £2,000 for each non-EU migrant they employ - Business Insider

May's manifesto unveils doubling the recent charge for non EU workers.

Would a Clientco face exposure to this charge when taking on an non-EU Agency LtdCo/Umbrella worker?

[pauly]

Alternatively why don’t you pursue it the legal way since you have an email

Thanks. What is there to legally pursue unless the Contractor, Agency or Clientco have done something wrong? Hence the queries regarding the rights and responsibilities of parties involved.

[shanti]

OP does raise a question about responsibilities in these scenarios between the tri-parties of worker, agency and ultimate client.

HMRC has plenty of details about supervision, control and direction in order to determine tax liabilities. And these impact on legal status as well.

If a person is checked out by agencies and then is determined to be a disguised employee, then it would be the liability of the client to ensure he is authorised. With this in mind, I would assume that most clients should do the checks of any agency worker themselves considering the potentail liabilities.

[Lance]

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

brilliant

[Lance]

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

Where I come from that is called BUSINESS.

[WordIsBond]

Thanks. What is there to legally pursue unless the Contractor, Agency or Clientco have done something wrong?

What is there profitably to pursue if they have done something wrong? What possible good could it do you to legally pursue it?

And what evidence do you have? How do you know so much about the person who got the job, anyway? You know when the student visa is up, what they are studying, all that? Really?

For some reason, I think there's more here than we're being told.

[pauly]

What is there profitably to pursue if they have done something wrong? What possible good could it do you to legally pursue it? And what evidence do you have? How do you know so much about the person who got the job, anyway? You know when the student visa is up, what they are studying, all that? Really? For some reason, I think there's more here than we're being told.

The administratively incompetent Agent provided all the details in an email sent accidently. The north based university of study and details where all provided. I was unaware of how a student visa dependent partner had the ability to do IT contract work.

I have a feeling that something is amiss as the dependent visa will run out and the agent is probably covering up to get the visa candidate in (as it appears Clientco does not have to check this) and then get candidate extended - its more profitable for the Agent then a non-visa candidate and the Clientco is probably blissfully unaware.

[stek]

The administratively incompetent Agent provided all the details in an email sent accidently. The north based university of study and details where all provided. I was unaware of how a student visa dependent partner had the ability to do IT contract work.

I have a feeling that something is amiss as the dependent visa will run out and the agent is probably covering up to get the visa candidate in (as it appears Clientco does not have to check this) and then get candidate extended - its more profitable for the Agent then a non-visa candidate and the Clientco is probably blissfully unaware.

That makes no sense, why would the agent press for a candidate he knew would like be gone in a few months when the student visa (and there the dependant visa) expires. That's gonna hit his pocket. Remember there's a cap on student visa re how long you can study, (6 years 11 months) and let's face it, the length of study is only for the brilliant and privileged few, gone are the days you could limp from pointless course to pointless course, now there's the cap and even that's set low enough to deter those studying for 10 years to get 10 year legal stay ILR.

It seems clear to me the other guy/gal is better skilled and worth the risk.