uk immigration lawyers
uk immigration lawyers
 
Home / Business Immigration

How to deal with Tier 2 Migrants working at third party premises

It is the responsibility of employers with sponsor licences to familiarise themselves with changes to the immigration rules relating to sponsoring overseas skilled workers. On the 6th of April 2017, the employee sponsorship licence rules was updated, touching on employers who allow their Tier 2 migrant to go out to work at a third party site.

The key points of the changes include: -

  • The Home Office has the rights to visit sponsor licence holders unannounced at any time as part of immigration compliance spot checks.
  • Compliance spot checks are not restricted to the primary place of assignment of the migrant. The home office may carry out unannounced checks at any physical address where sponsored migrants carry out their employment duties.
  • The Sponsor must ensure that clear arrangement is made with the third party regarding access and full cooperation, for any visit of Home Office compliance officers.

What this means for Sponsors

If you are a sponsoring employer whose Tier 2 employee work at a third party premises, the following steps may be necessary: -

  • Inform third parties that the Home Office may visit unannounced and that should cooperate with the Home Office’ compliance officers during the inspection.
  • Good record keeping must be maintained at all times by both the employer and the third party. Records of agreements, duties, attendance and communication must be properly kept.
  • Ensure that both the third party and the migrant are aware that the migrant cannot carry out work or activities that are outside his/her certificate of sponsorship.

Relocation to a different site of the same organisation

If you are looking to move your sponsored migrant to a site, it is important that this move is reported to and approved by the Home Office. You will need to add this new location as an additional site on the Tier 2 Sponsor Licence.

Once the UKVI approves the additional site, you may now proceed with moving the Tier 2 migrant to the new site.

Relocation to a different branch of the same organisation

This instance relates to where the change of location is to a different entity but where both entities share a common ownership or control.

The process here is the same as above. The employer must inform the Home Office to obtain an approval to relocate. Importantly the branch must have been reported to and approved by the Home Office as a branch on the Tier 2 sponsor licence management system.

The employer must show evidence of the relationship between the parent and the branch. Evidence of relationship may be by way of audited accounts.

The employee may be transferred once the branch has been approved.

Secondment to a third party

Tier 2 migrants can only work for a third party where they will be working on a project for the third party on behalf of the sponsor. Please note that the Tier 2 migrant cannot be one of the following: -

  • Agency workers, whether temporary or permanent.
  • Contracted to undertake an ongoing routine role or to provide an ongoing routine service for the third party.

Note that the third party need not be added to the sponsor licence.

Summary

  • Change of location must be reported and approved by the Home Office before it can be implemented
  • Employer’s sponsorship duties continues regardless of whether or not the migrant is physically present at the sponsor’s premises or at a third party’s.
  • Migrants HR files must reflect changes where necessary.

Reiss Edwards boasts of a team of expert sponsor licence lawyers in London who can assist you all matters regarding Tier 2 visa applications, sponsor licence applications as well as immigration compliance and audit.

Contact us today on 020237442797 or info@reissedwards.com for a free consultation.

Reiss Edwards Reviews
5 out of 5 stars 130 Google+ Reviews
reivew immigration lawyer

Immigration Enquiry

subscribe to email and newsletters

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure

Immigration related Testimonials

Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers london that we would be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
The Home Office refused my Tier 1 Entrepreneur extension application. This meant that my family and i would have to go back to Jordan and my business would close down. I needed a good immigration lawyer to put in a very strong appeal. I approached Reiss Edwards based on a friend's recommendation and they put together a very strong appeal. I read the grounds of appeal and I knew that this was a winner. A big thanks to Joe who worked tireless on my appeal.
I am glad that i instructed Reiss Edwards on my visa matter.

It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure.

To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me

A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.

Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country.

The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not.

At the end of the day, I have not received my British citizenship within 3 months.

If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

We followed everything they asked us to do and in the end we won our appeal and got our spouse visa.

We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

Click to view all google reviews
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

Click to view all google reviews
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

Click to view all google reviews
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

Click to view all google reviews
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

I would recommend them over and over again for anyone looking for an immigration advice.

They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard


 
facebook icon twitter google youtube rss feed sitemap
 

Copyright 2017 - Immigration Lawyers London | +44(0)20 3744 2797 | info@reissedwards.com | Map   | Reiss Edwards | Privacy Policy | Terms