Sub Contracting a Indefinite Remain to Leave & tax implications

[northernladuk]

My spidey senses are starting to tingle now....

No tulip.

[stek]

Thats good news so far.

So the only thing i am left wondering about is if i need to transfer the sponsorship to my ltd company, would there be fees to pay & how much this could cost would be helpful ?

There are no costs since there is no CoS to transfer if the person in question has ILR and is thereby completely free of UK immigration control just like a British Citizen.

Don't forget if you are intending to employ this person, you have a duty to check they have the legal right to work in the UK, and I must admit with the CoS subject coming up repeatedly, I'm suspecting this person doesn't have ILR and is infact contracting on a T2 General, which is illegal and would also be if you could take him on as you describe.

Cost to obtain a CoS licence is about £3k I think for a small company, and if you were to offer a genuine role to this person (i.e. not act as an intermediary) you'd need to perform a RLMT. It's not a quick process and it's not something you'd want to do to help a mate.

My spidey senses are starting to tingle now....

[Singhltd]

Thank for your replies and advice

Thats good news so far.

So the only thing i am left wondering about is if i need to transfer the sponsorship to my ltd company, would there be fees to pay & how much this could cost would be helpful ?

[SlipTheJab]

Rubbish! There is nothing illegal about hiring ILR holders, so nothing to get "caught out" with!
Posting a question to accountants about this possibly was a bad choice though!

ILR holders have full rights to work and live in the UK.
At my client site, there are many Japanese ILR holders who work here. No issues with that.

@OP: Generally speaking, the moment anybody mentions the word "Indian", you will see that the replies may unfortunately get a bit skewed with hate and most will end up talking about getting caught out on illegal act etc.

If you just mentioned ILR in general without mentioning Indian, etc, you may get better replies IMO.

[stek]

The OP said "The basic gross salary needed to meet immigration requirements is £36k p/a." I think from this it's reasonable to infer that what is proposed is a mechanism for getting round immigration rules. (Even if it turns out that there was actually no need to do that).

A person with ILR is free of UK immigration control.

[NotAllThere]

Rubbish! There is nothing illegal about hiring ILR holders, so nothing to get "caught out" with!
...
@OP: Generally speaking, the moment anybody mentions the word "Indian", you will see that the replies may unfortunately get a bit skewed with hate and most will end up talking about getting caught out on illegal act etc.

If you just mentioned ILR in general without mentioning Indian, etc, you may get better replies IMO.

The OP said "The basic gross salary needed to meet immigration requirements is £36k p/a." I think from this it's reasonable to infer that what is proposed is a mechanism for getting round immigration rules. (Even if it turns out that there was actually no need to do that).

I find the accusations of racism to be quite offensive. If you think someone has made a racist post, then please notify the moderators and we'll investigate. Otherwise feel free to keep such thoughts to yourself.

[stek]

ILR is fine, it's permanent residency for UK. Bear in mind if you need the person to work abroad etc, that person will visas in accordance with their Indian Nationality.

There are no income level requirements.

[Milkyway]

That is probably because they don't want to touch this with a barge pole and are not completely sure about your true intentions and don't want to get caught up in the fall out when it gets found out.

Rubbish! There is nothing illegal about hiring ILR holders, so nothing to get "caught out" with!
Posting a question to accountants about this possibly was a bad choice though!

ILR holders have full rights to work and live in the UK.
At my client site, there are many Japanese ILR holders who work here. No issues with that.

@OP: Generally speaking, the moment anybody mentions the word "Indian", you will see that the replies may unfortunately get a bit skewed with hate and most will end up talking about getting caught out on illegal act etc.

If you just mentioned ILR in general without mentioning Indian, etc, you may get better replies IMO.

[theroyale]

If they already have ILR, you shouldn't be worrying about the salary/income. It is (if the laws haven't changed yet) before/journey to ILR that they need to show employment etc.

Second that. There are no immigration requirements (except a clean criminal record) once you have ILR.

So in other words you can hire this person in the exact same way you would hire a British citizen.

[mdhd]

If they already have ILR, you shouldn't be worrying about the salary/income. It is (if the laws haven't changed yet) before/journey to ILR that they need to show employment etc.

[northernladuk]

I'm asking this as my accountants aren't very clear.

That is probably because they don't want to touch this with a barge pole and are not completely sure about your true intentions and don't want to get caught up in the fall out when it gets found out.

[Singhltd]

Hi,

I am considering taking on a indian passport holder with a iLR. However I'd like to know what process I would have to follow if I hired through my ltd company.

The situation is they are currently working in the uk for over 18months for another company who have offered 70% retention which includes they pay tax/ni & bonuses (lead to believe).

Conditions
1. The basic gross salary needed to meet immigration requirements is £36k p/a.
2. Transfer the sponsorship to my ltd company.

I'm basically offering this person a opportunity to work under my limited company to increase there retention to 75% paying them a monthly salary & bonuses if feasible.

Can this work & what are the implications ?

I'm asking this as my accountants aren't very clear.

visa-candidate contract
300p/day.

Thank you all in advance.