Any immigration experts in the house?

[Stupeo]

I have a guy at work from India that has been working for me for 3+ years - we've had him onsite in the UK for the past 18 months. He's essentially a subcontractor that we want to offer a permie position.

However, need to understand how we can get him a visa for the UK. Apparently, he needs a Tier 2 but to get this, he needs to be out of the UK for 12 months! Can any experts provide any advice?

Happy to pay for services. Based in Manchester if that makes any difference.

Thanks,
Matt

[DiscoSINGH]

http://londonimmigration.co.uk/ - speak to a Harjap Bhangal

[PAULJ5555]

Cant you give the job to an already British national?

[Stupeo]

PAULJ5555 said:

Cant you give the job to an already British national?

Thanks for your input, but the answer is no.

[eatcustard]

Stupeo said:

Thanks for your input, but the answer is no.

Why not, just out of interest

[NNH]

eatcustard said:

Stupeo said:

Thanks for your input, but the answer is no.

Why not, just out of interest

"Out of interest..."

[Stupeo]

eatcustard said:

Stupeo said:

Thanks for your input, but the answer is no.

Why not, just out of interest

Unfortunately for us, this guy has got himself in a position where he is indispensable and the only one in the team with certain skillets but more importantly, experience on some key projects. His employer and ourselves are no longer happy working together, so he will be pulled back from our projects Q1 next year - which we can't afford to happen.

Our own fault, but I must try and see what we can do to convert him to an FTE.

Going out to the market to recruit is an option, but not preferred at the moment due to the timescales normally involved on getting someone trained up.

[PAULJ5555]

Stupeo said:

eatcustard said:

Stupeo said:

Thanks for your input, but the answer is no.

Why not, just out of interest

Unfortunately for us, this guy has got himself in a position where he is indispensable and the only one in the team with certain skillets but more importantly, experience on some key projects. His employer and ourselves are no longer happy working together, so he will be pulled back from our projects Q1 next year - which we can't afford to happen.

Our own fault, but I must try and see what we can do to convert him to an FTE.

Going out to the market to recruit is an option, but not preferred at the moment due to the timescales normally involved on getting someone trained up.

So the answer is yes, but not a preferred option at the moment.

[Sgt Bilko]

What visa does he have currently?
What's the exact job?
What's the salary?
Are you a registered Sponsor?

Edited by Sgt Bilko on Wednesday 14th December 20:41

[anonymous-user]

Stupeo said:

Unfortunately for us, this guy has got himself in a position where he is indispensable and the only one in the team with certain skillets....

Surely it can't be that hard to find a decent chef?

[bga]

It sounds like he is on a Tier 2 Intercompany Transfer (ICT) visa which means he will have to have 12 months cooling-off period before coming back in on a Tier 2 general visa.

The easiest route is to give him a job at £74k+ p/a and he will be able to bypass the 12 month restriction and switch to a Tier 2 general.

If you are not a sponsor then you should consider registering now - it can take a few months to get sorted. There are a few companies that claim they can sponsor & then hire the individual to you on a perm-like contract but I am very dubious about the legality of those schemes.

[Stupeo]

bga said:

It sounds like he is on a Tier 2 Intercompany Transfer (ICT) visa which means he will have to have 12 months cooling-off period before coming back in on a Tier 2 general visa.

The easiest route is to give him a job at £74k+ p/a and he will be able to bypass the 12 month restriction and switch to a Tier 2 general.

If you are not a sponsor then you should consider registering now - it can take a few months to get sorted. There are a few companies that claim they can sponsor & then hire the individual to you on a perm-like contract but I am very dubious about the legality of those schemes.

Thanks -but unfortunately he works for a different company right now who are essentially subcontractors to us.

Also, the salary requirement to bypass the 12month rule is now £155,300!

https://www.gov.uk/tier-2-intracompany-transfer-wo...

[bga]

I think I'm getting ahead of myself, It may be relevant in April when rules change (including dropping the £150k to a very meagre £120k). Is the individual looking to extend with their organisation or join you as an employee?

[7795]

eatcustard said:

Stupeo said:

Thanks for your input, but the answer is no.

Why not, just out of interest

It's nearly always to do with money...

[Stupeo]

bga said:

I think I'm getting ahead of myself, It may be relevant in April when rules change (including dropping the £150k to a very meagre £120k). Is the individual looking to extend with their organisation or join you as an employee?

We'd be hoping to take him on as an FTE in our org.

[bga]

Do you know exactly what category of Tier 2 the individual is on? Does the current employer know that you want to hire the individual?

[Stupeo]

Just to follow up on this - sent the guy to see London Immigration and got our US team on the case. Sadly, it's either 12 months out of the UK or pay him £155,000+ salary.

The good news, we've made an offer to an ex-colleage who is going to come back onboard.

Thanks all.

[DRFC1879]

Please say the ex employee is Lithuanian or summat. I've got a massive bag of popcorn waiting to be eaten.

[Stupeo]

DRFC1879 said:

Please say the ex employee is Lithuanian or summat. I've got a massive bag of popcorn waiting to be eaten.

Sorry - he's 100% British.

[loafer123]

Interesting that the changes to the rules have delivered the outcome wanted by the government.