IT Services Subcontracting - Tier 2 worker

[asrmba]

Business Overview:
Our client is an IT services provider, delivers IT services to a global telecom provider.

We are a specialist analytics services provider and technology partners for above IT company, and undertake subcontracts on Time & Material basis, as they are the main contractor.

Due to lack of availability of specialist skilled resources on the technology in the UK, permanent staff of our Indian subsidiary is expected to onboard on Tier 2 General and help our customer delivering services to end client.

How we planning to do:
- We (Subcontractor) sponsors employee
- We follow Home office Tier 2 compliance & procedure
- We pay salary accurately according to the CoS
- Resource perform duties as mentioned in the CoS
- A resource manager from sponsoring company coordinates with resource and our client(IT company)


Problem Statement
- Work to be delivered at end client premises.
- How to satisfy below compliance? As the work is Time & Material and the services to be delivered is decided by the client.

“563. 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.

564. An example of this would be where Company A has a contract with Company Z to deliver a piece of work. A migrant who is sponsored by Company A, may be sent to work for the duration of the contract with Company Z, but they remain employed by Company A throughout the period of the contract and Company A is fully responsible for deciding the migrant’s duties, functions, outputs or outcomes. In this example, Company A remains as the migrant’s sponsor.”


Please help to understand:
- In our scenario how to interpret/implement it and trade legitimately while not breaching law
- How other companies are following? (I'm talking about legally bounded companies)
- What contractual documents are advisable?

Thank you!

[northernladuk]

Due to lack of availability of specialist skilled resources on the technology in the UK, permanent staff of our Indian subsidiary is expected to onboard on Tier 2 General and help our customer delivering services to end client.

Riiiiiight....

<removed>

EDIT : After the comments about creating competition on the training forums I've removed what I put.

I think you'd be better off on the Immigration forums.

[mattfx]

You've come on to a contracting forum, where people mostly operate as individuals, looking for help and advice as to how best structure your work force for your professional services company which clearly has multiple employees, some of which you want to be overseas!?

I think you may be barking up the wrong tree pal.

[stek]

You must also perform tge resident market labour test, avdertise the roll in two recognised places and provide the UKVI evidence plus interview transcripts showing why no local or EU candidate was suitable.

Personally i cannot think why anyone would jump through all these hoops unless its to get a mate in..

All in all with no sponsors licence yet this whole process will take several months

[stek]

Plus there is no shortage of suitable staff, in fact the opposite applies. The occupation shortage list is woefully out of date..

[TheFaQQer]

We are a specialist analytics services provider and technology partners for above IT company, and undertake subcontracts on Time & Material basis, as they are the main contractor.

Due to lack of availability of specialist skilled resources on the technology in the UK, permanent staff of our Indian subsidiary is expected to onboard on Tier 2 General and help our customer delivering services to end client.

What skills are you unable to find in the UK? Where did you advertise? Who did you interview? Did you retain interview transcripts / information / records?

[CoolCat]

Business Overview:
Our client is an IT services provider, delivers IT services to a global telecom provider.

We are a specialist analytics services provider and technology partners for above IT company, and undertake subcontracts on Time & Material basis, as they are the main contractor.

Due to lack of availability of specialist skilled resources on the technology in the UK, permanent staff of our Indian subsidiary is expected to onboard on Tier 2 General and help our customer delivering services to end client.

How we planning to do:
- We (Subcontractor) sponsors employee
- We follow Home office Tier 2 compliance & procedure
- We pay salary accurately according to the CoS
- Resource perform duties as mentioned in the CoS
- A resource manager from sponsoring company coordinates with resource and our client(IT company)


Problem Statement
- Work to be delivered at end client premises.
- How to satisfy below compliance? As the work is Time & Material and the services to be delivered is decided by the client.

“563. 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.

564. An example of this would be where Company A has a contract with Company Z to deliver a piece of work. A migrant who is sponsored by Company A, may be sent to work for the duration of the contract with Company Z, but they remain employed by Company A throughout the period of the contract and Company A is fully responsible for deciding the migrant’s duties, functions, outputs or outcomes. In this example, Company A remains as the migrant’s sponsor.”


Please help to understand:
- In our scenario how to interpret/implement it and trade legitimately while not breaching law
- How other companies are following? (I'm talking about legally bounded companies)
- What contractual documents are advisable?

Thank you!

Please let us know what your organisation is called, then we can get you the relevant help?

[cojak]

I would suggest that you speak to a business specialist to help you with this.

We are one-person businesses in this forum and have no legal knowledge in this area.