Contractor's right with visa issues

[bugzy]

Hi Team,

A friend has a pending application with homeoffice for indefinite leave to remain. By HO rules he's still eligible to work and his employer can check through right to work online ECS check. (The ECS check usually confirms applicant can work for another 6months)

However, he is a contractor and his agency has refused to use the ECS check, he has been issued a letter that he wont be allowed to work beyond the current visa expiry date which is in few weeks.

Has anyone ever being in similar situation or does anyone have any advice on best way to challenge them? Its a bit of a chicken and egg situation but it feels very unfair

[WTFH]

Hi Team,

A friend has a pending application with homeoffice for indefinite leave to remain. By HO rules he's still eligible to work and his employer can check through right to work online ECS check. (The ECS check usually confirms applicant can work for another 6months)

However, he is a contractor and his agency has refused to use the ECS check, he has been issued a letter that he wont be allowed to work beyond the current visa expiry date which is in few weeks.

Has anyone ever being in similar situation or does anyone have any advice on best way to challenge them? Its a bit of a chicken and egg situation but it feels very unfair

HIs employer can do the check - the question is who is his employer? It will either be his own limited company or the umbrella company he is using - it's not the agent and it's not the end client.

It's not unfair at all. It's the law.

[northernladuk]

If only there was a forum all about immigration issues....

[DimPrawn]

If only there was a forum all about immigration issues....

Seems like although IT contracting is all but dead, immigration to the UK to work in IT is booming....

[Old Greg]

If only there was a forum all about immigration issues....

There is a relvant ILR contracting thread here.

Re: Limited company director do I need to pay tax? - Immigrationboards.com

[vetran]

There is a relvant ILR contracting thread here.

Re: Limited company director do I need to pay tax? - Immigrationboards.com

classic CUK holiday memories.

[NigelJK]

+1. Are we going anywhere this year?

[Mordac]

+1. Are we going anywhere this year?

Clacton, Bank Holiday Weekend. Some idiot put Greg in charge of the catering arrangements though, so if some sweaty jammy dodgers float your boat, fill yer boots. I'm giving it a miss...

[GJABS]

Sounds like the agency are being an ass by choosing not to do the check. Unless they have given a reason why they haven't?

[Old Greg]

Clacton, Bank Holiday Weekend. Some idiot put Greg in charge of the catering arrangements though, so if some sweaty jammy dodgers float your boat, fill yer boots. I'm giving it a miss...

How dare you talk down the Great British biscuit industry!