Tier 2 General Company Audit - Licence Revoked

[ramakrishna230]

Dear Experts,
Let me explain the situation
Suppose I got Tier-2 Visa from A Company. I'm PERM employee to this company.

I got contract job through B Agency
Currently I'm doing project with C Company

My C Company Pay to B Agency and B Agency pay to A Company.
A company pay Salary to me.
This is how any contract job works as per my understanding.

Last December UKBA has visited for Audit and they have asked for the Business bank statements of A Company.
They have checked the credits from B Agency(And similar agency pay credits),and asked the source of credits. Our sponsor thought we cant submit the Contracts between A Company and Agency B as they are not contracts from Client.(and its correct i guess?)
And last week the A company received a letter saying they are revoking our licence as per.
Tier 2 and 5 of the Points Based System Guidance for Sponsors
5.6
If you are an employment agency or employment business, you can apply fora sponsor
licence but only to sponsor migrant workers who will be directly employed by you in connection with the running of your business.
You can’t sponsor a migrant who you then supply to a third party as labour,regardless ofany contractual arrangement between the
parties involved.
5.7
If
you are an employment agency and we grant a sponsor licence to you on this basis, but later find that the migrants you are sponsoring have been supplied as labour to a third party, we will revoke your licence

They have given 20 working days to appeal,and our company lawyers say it dint make any difference even if we appeal and they advised just to surrender the licences.
Our company is not a employment agency its a IT services company.

Now here my question is , This is very genuine issue in case of tier2 contract jobs.We should search our contracts through agencies and the contracts are between agencies and our sponsored company.(client name will not come in the contract)
How can any tier 2 company survive this kind of Audit ?
What should have been done?What we missed here.

Any help from experts is highly appreciated.I dont have much time to change my employment.
Please help.

thanks,
Ram

[deathgaze1]

Contracting is not allowed on Tier 2.

I do not think there is any way to survive this kind of audit (but maybe the experts can provide better advice).

You will get a good 60 to 90 days to look for a new job if your company does not appeal.

[Jack&Jill]

Dear Deathgaze

Do the Business Development Manager(Soc: 3545) role comes under Non-shortage occupations or Shortage occupations?

I'm confused. Please help me which one is applicable for me? I need to pay the fee.

Non-shortage occupations Shortage occupations
3 years or less £601.00 £428.00

Please help me as soon as possible.

Thanks
Jack

[deathgaze1]

It comes under Non-Shortage Occupation.

The correct fee should be £601.00 if you are applying to extend or switch by post in the UK.

[ramakrishna230]

any experts advice please.
My dilemma here is there are tier 2 sponsors companies to sponsor me.
But i have to make sure this time ,they survive the audit.
My application was only processed last year and now there licence is revoked ,i have to go through the visa process again.
Most of the sponsors are suggesting to go to priority one day service through a solicitor (costing around £3000).
As this is only change of employment,can i apply through the normal process ?What are the risks if i go with normal process.
Please advice.

[talk2ram.28]

The audit is always done on 'Client Service Agreement'. If the agreement was drafted correctly then the auditing officers have no issues. I still know many of them working in the way you do but if the agreement does not reflect all the parties involved(A,B,C) correctly the UKBA is going to be very strict.

Adding a recital from a typical three party agreement
The Consultancy - Tier 2 Sponsor who is your employer
The Company - The staffing/employment agency
The Client - The end client where the services are actually delivered

RECITALS
(A) The Consultancy carries on the business of the provision of consultancy services and has agreed
to provide the services specified in the attached schedule (“the Schedule”) (“the Consultancy
Services”).
(B) The Company has requested the Consultancy and the Consultancy has agreed with the
Company, to provide the Consultancy Services to the Client on the terms and subject to the terms
of this agreement (“Agreement”).
.

[ramakrishna230]

Thanks Ram for the detailed reply.

Now i got sponsership from a new company but was not sure about the salary.
I converted from PSW and worked for one year on SoC 2139 for salary of 21016.

Iam applying with the same SoC code.
1.Will my new company should do RMLT(if the SoC code is Same 2139?)
2. What should be the increase in Salary.They are applying for 3 years Visa.?

As i have 1 year experience and they are applying for 3 years will it make me come under experienced category for which the salary range is £27000 and higher?

Any help is much appreciated.
thanks.

[ryan hill]

1. That case, the A company emplyer need to setup scope of work and get sign by company C or Service Delivery company. SO, that A company can be in secure compliance (act as a outsource resource/service provider) to end client.

2. For that A company need to build few process:
2.1. Proper staff hiring and HR filling
2.2. Process of selection and HR filling
2.3. Technical or Operation Team need to prepred and proper filling between (A and C company).
2.4. Technical guidance, Operation process and procedure need to be in place to avoid abnormal compliance
2.5. Meeting, Reports, Escalation, etc
2.6. Staff appraisal.

For further details, please email to me.

[CR001]

1. That case, the A company emplyer need to setup scope of work and get sign by company C or Service Delivery company. SO, that A company can be in secure compliance (act as a outsource resource/service provider) to end client.

2. For that A company need to build few process:
2.1. Proper staff hiring and HR filling
2.2. Process of selection and HR filling
2.3. Technical or Operation Team need to prepred and proper filling between (A and C company).
2.4. Technical guidance, Operation process and procedure need to be in place to avoid abnormal compliance
2.5. Meeting, Reports, Escalation, etc
2.6. Staff appraisal.

For further details, please email to me.

Kindly refrain from digging up topics that are more than two years old.