Q&As

Is it possible for an employer based in the UK to recruit a migrant on a Tier 2 (General) visa to work on a third party contract overseas (where the employer would have control over the employee on how they carry out the job and the contract is for a time limited period)?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 18/12/2019

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Is it possible for an employer based in the UK to recruit a migrant on a Tier 2 (General) visa to work on a third party contract overseas (where the employer would have control over the employee on how they carry out the job and the contract is for a time limited period)?

UK immigration control—of which the Tier 2 route is a part—is concerned with the regulation of physical presence of individuals within the jurisdiction who require leave but do not have it. In a situation where a migrant outside of the UK is engaging in a contract for service (or employment) with a UK company, in order to work overseas for that company on a contract with a third party, it is not clear why sponsorship would be required. As it states in the Tier 2 and 5: Guidance for Sponsors (paragraph 1.2):

‘ … a migrant must have a sponsor before they can apply to come to, or remain in, the UK for work.’

In a situation where the intention is that the work on the contract over

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