Tier 2 Sponsor Licence Third Party Contracts: a Harsh Reality
Anyone employing Tier 2 labour will be aware that the level of scrutiny has never been higher – just as the penalties for failing to meet the high standards demanded by UKBA have never been harsher. Nowhere is this more evident than in cases where workers are deployed on third party contracts.
In such cases, where workers may be contracted out to third party organizations for specific work, the ability to retain oversight of all aspects of the worker’s domestic and working life is inevitably reduced, just as the terms of any third party contract add a further level of complexity.
As we have highlighted elsewhere, smaller companies and those working in the IT sector are under particular scrutiny at the moment. Inevitably, it is precisely these categories of employer who might find it especially difficult to fulfill the terms of the Tier 2 Sponsor Licence: smaller companies because of the amount of resource required to administer the programme, and IT companies because the intangible nature of IT work makes it difficult to assess precisely what functions an employee is undertaking on a day to day basis. For someone working as a chef, for example, the visibility of the work function is a significant help in ensuring that the terms of the licence are being adhered to.
When these complications are added to by involvement of a third party the potential for error is exacerbated to a disproportionate degree.
Whilst it might be tempting to see UKBA’s particular scrutiny of smaller and IT companies as a search for ‘easy pickings’ the harsh legal reality of the situation in that Tier 2 employers are legally obliged to maintain fully up to date records of their staff and to ensure that their day to day activities are entirely in line with the job specification as laid out in their licence agreement.
It is strongly recommended that anyone in such a position seeks professional assistance in order to ensure that their management of their Tier 2 sponsor licence is sufficient to satisfy UKBA requirements and to avoid the possibility of a licence downgrade, suspension or revocation.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.