Reply to: Reimbursing backdated expenses after giving notice? Please help!

[LisaContractorUmbrella]

Suspect OP is just saying that to avoid losing face and end the pile-on....

Think you're probably right Stek

[GlenW]

The daily arragnement exists only between them and the client. I am their employee, so it is monthly salary + bonus + expenses for me.

What is the name of your employer?
Why do they believe it is necessary for them to employ an immigration solicitor?

[brother52]

So you weren't paid on a per diem basis? funny, thought you said you were on £400/day, ie as a contractor.....

The daily arragnement exists only between them and the client. I am their employee, so it is monthly salary + bonus + expenses for me.

[stek]

So they'll be paying the 20K tax free - is that what you're saying?

Suspect OP is just saying that to avoid losing face and end the pile-on....

[stek]

As I already mentioned, the company employs an experienced immigration solicitor who knows a more about how Tier 2 works than most people on discussion boards. Yes, it will not work for any random contract, but it will for some where "direction and control" can be shown to originate from the sponsor, and there is no agency in between.

They will be paying 20K as a reimbursment, in addition to my salary.

So you weren't paid on a per diem basis? funny, thought you said you were on £400/day, ie as a contractor.....

[brother52]

Yes, I think so. Is there anything wrong with that?

[LisaContractorUmbrella]

As I already mentioned, the company employs an experienced immigration solicitor who knows a more about how Tier 2 works than most people on discussion boards. Yes, it will not work for any random contract, but it will for some where "direction and control" can be shown to originate from the sponsor, and there is no agency in between.

They will be paying 20K as a reimbursment, in addition to my salary.

So they'll be paying the 20K tax free - is that what you're saying?

[brother52]

As I already mentioned, the company employs an experienced immigration solicitor who knows a more about how Tier 2 works than most people on discussion boards. Yes, it will not work for any random contract, but it will for some where "direction and control" can be shown to originate from the sponsor, and there is no agency in between.

They will be paying 20K as a reimbursment, in addition to my salary.

[GlenW]

The employer has now spoken to a specialist and will be reimbursing my expenses in full!

Big thanks to everyone for the valuable feedback. Except maybe GlenW, but his comments just make you appreciate the genuine contributions more.

I guess I am just not diplomatic enough, I reckon you are working here illegally and because of that your 'employer' is ripping you off because they know there is bugger all you can do about it.

[LisaContractorUmbrella]

The employer has now spoken to a specialist and will be reimbursing my expenses in full!

Big thanks to everyone for the valuable feedback. Except maybe GlenW, but his comments just make you appreciate the genuine contributions more.

So they will be paying you £20k tax free? Or part salary with you receiving tax relief against the earnings on the expenses?

[stek]

From the OP's much vaunted immigration boards.com...

Hello, best thing you can do is keep trying till you find a contract who can take tier 2 visa resources. see when you are on tier2, you cannot be without job and company who sponsored you should provide the opportunity to work with their clients.

I would suggest to anyone who have a good career in any place other than UK should not spoil their career by moving on tier 2, if a sponsor is not able to find a job for the resources for which they have sponsored. Initially sponsors say that you can try a contract job on your own, that is very wrong. Do not fall for that. Even the important rule says Tier2 visa holders cannot work contract jobs. Find the below one

You are only allowed to assign a CoS if it is clear that you have full responsibility for deciding the duties, functions and outcomes or outputs of the job. Where the sponsored migrant is carrying out work for a third party on your behalf, they must be contracted by you to provide a time-bound service or deliver a time-bound project on your behalf. This means a service or project which has a specific end date after which it will have ended or the service provided will no longer be operated by you or anyone else. They must not be:

a) agency workers, regardless of any contract between you and any employment agency or employment business

b) contracted to undertake an ongoing routine role or provide an ongoing routine service for the third party, regardless of the length of any contract between you and any other party

which clearly means a no go for contract jobs.

[Scruff]

This thread is a steaming pile of...oops, better be careful what I say. Not in General 😎

[brother52]

The employer has now spoken to a specialist and will be reimbursing my expenses in full!

Big thanks to everyone for the valuable feedback. Except maybe GlenW, but his comments just make you appreciate the genuine contributions more.

[Batcher]

... and were confident that your visa 'arrangements' were in order as well of course.

Beat me to it.

If anything about the arrangement is dodgy, he will just be poking HMRC with a big stick. A T2 visa holder trying to reclaim expenses going back 3 years is bound to raise a red flag.

[GlenW]

You'd be able to claim the tax back from HMRC if you could show that they were expenses incurred legitimately in the course of travel to a temporary place of work, though.

... and were confident that your visa 'arrangements' were in order as well of course.