Subcontracting employee arrive to UK?
Aug 19th 2022, 1:10 pm
#1
Just Joined
Thread Starter
Joined: Dec 2021
Posts: 3
Subcontracting employee arrive to UK?
Good Afternoon.
So I have my own LTD company. I provide IT services to a client in the UK, and I subcontract that work to a IT worker in Pakistan.
Now the client is aware I subcontract the work to a worker In Pakistan and are happy that we co-ordinate together etc. Now before you make assumptions, YES i do pay him a very good wage etc.
Long story short, due to an increase in workload, I'd like to being him in the UK to work for my IT company.
I understand I could apply to be an licensed sponsor (as long as I meet the requirements).
However it appears I'm unable to sponsor him as a tier 2 worker (skilled worker) as the guidance suggests that the worker must only work for you?
Now I'm confused as most skilled workers in IT would work for a client? So does that mean I can't sponsor him?
How do big corporations such as Wipro sponsor skilled staff if their work is for a client? Or how do skilled workers such as accountants work for big corporations where they provide their services to their clients?
So I have my own LTD company. I provide IT services to a client in the UK, and I subcontract that work to a IT worker in Pakistan.
Now the client is aware I subcontract the work to a worker In Pakistan and are happy that we co-ordinate together etc. Now before you make assumptions, YES i do pay him a very good wage etc.
Long story short, due to an increase in workload, I'd like to being him in the UK to work for my IT company.
I understand I could apply to be an licensed sponsor (as long as I meet the requirements).
However it appears I'm unable to sponsor him as a tier 2 worker (skilled worker) as the guidance suggests that the worker must only work for you?
Now I'm confused as most skilled workers in IT would work for a client? So does that mean I can't sponsor him?
How do big corporations such as Wipro sponsor skilled staff if their work is for a client? Or how do skilled workers such as accountants work for big corporations where they provide their services to their clients?
Aug 19th 2022, 2:11 pm
#2
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,446
Re: Subcontracting employee arrive to UK?
I don't think you understand what "works for" means.
An accountant "works for" KPMG (he is on KPMG's payroll, and receives his salary from KPMG) but provides services to KPMG 's clients. While in casual conversation you might say that the accountant works for a client, the accountant isn't on the client's payroll and the contractual relationships are between KPMG and their client, and between KPMG and the accountant, not between the accountant and KPMG's client.
Your subcontractor "works for" you, but provides services to your client.
An accountant "works for" KPMG (he is on KPMG's payroll, and receives his salary from KPMG) but provides services to KPMG 's clients. While in casual conversation you might say that the accountant works for a client, the accountant isn't on the client's payroll and the contractual relationships are between KPMG and their client, and between KPMG and the accountant, not between the accountant and KPMG's client.
Your subcontractor "works for" you, but provides services to your client.
Last edited by Pulaski; Aug 19th 2022 at 3:54 pm.
Aug 19th 2022, 3:53 pm
#3
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,656
Re: Subcontracting employee arrive to UK?
https://assets.publishing.service.go...led_worker.pdf
Just a couple of points from the above website:
It also means an applicant must not be either:
• hired to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent (for example, an agency worker filling a vacancy with a third-party)
• engaging in contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not their sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party
So, from reading the above, your worker can work for you and be paid by you for services rendered by your company to YOUR client, but cannot be contracted out to work and be paid by YOUR client.
Just a couple of points from the above website:
It also means an applicant must not be either:
• hired to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent (for example, an agency worker filling a vacancy with a third-party)
• engaging in contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not their sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party
So, from reading the above, your worker can work for you and be paid by you for services rendered by your company to YOUR client, but cannot be contracted out to work and be paid by YOUR client.
