SGD Posted April 25, 2017 Posted April 25, 2017 We are considering the possibility of bringing a Thai person to the UK and want to get an idea of the hoops to jump through. It is quite a few years since the wife went through her route to becoming a UK citizen (Thai national). The real role: Thai language tuition for our child, live in, help as necessary, school runs etc. I have companies in the UK which could convert this role into any plausible role which ticked the box of the immigration folks. Candidate: graduate teacher minimum Issues: Up front costs - as in you pay all the visa, flight etc. costs and then the employee wants to go home after a week, employee leaving for another employer, dismissal, length of stay, etc. If we employed a EU person, not an au pair, the job would likely be worth around £200 per week after all costs paid for perhaps 20/30 hours and use of a car, English study etc.
7by7 Posted April 25, 2017 Posted April 25, 2017 They would not be eligible for a Domestic Workers in a Private Household visa as they do not currently work for you in your household outside the UK and would not be entering the UK with you while you are here temporarily. So to work in the UK they would need a Tier 2 (General) visa. You would need to be a licensed sponsor and pay them an appropriate salary; usually at least £30,000p.a. I think someone who is already in the UK would be better suited to your purpose! Maybe someone here as student with a Tier 4 (General) student visa who, under the terms of their visa, can work for up to 20 hours a week.
SGD Posted April 28, 2017 Author Posted April 28, 2017 Thanks for the response. We could have them work for us overseas but we would not be visiting the UK temporarily. We don't want to select from people already in the UK, we already have a couple of candidates from within the extended family. If we had to pay them £30k plus then we'd need to offset the true costs of living here whereas under the proposed arrangement, we would not look for a contribution. Perhaps translator works or teacher ? https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-j-codes-of-practice-for-skilled-work 1£8-23k which would be 12 months a year and having to pay their own costs versus an estimate of 9/10 months a year on the job and 2/3 months back in LOS with flights paid. Digging a little further it appears as though I could pay say £25k and then charge £10k for accommodation and benefits etc. and the remaining £15k plus around £40 per week (£2k) per year in deductible allowances for accommodation would still be more than the required minimum wage.
7by7 Posted April 28, 2017 Posted April 28, 2017 My first response was intended to put you off! To show you the impossibility of legally employing someone who is not currently in the UK in the role you actually want them for. Whatever you pay them, whatever job title you give them; the first step is for you to become a licensed sponsor. Becoming a licensed sponsor is not a simple rubber stamp job; and UKVI will carry out checks, which could include an unannounced visit to your business premises. see Sponsorship: guidance for employers and educators Do any of your companies employ translators or teachers? Do any of your companies have any roles which they cannot fill from within the UK or EEA? Do any of your companies have any roles which can only be filled by a Thai person? It seems to me that your intention is to create a false role in one of your companies for this person when in fact they will be employed in your private household in a totally different, domestic role; in other words; to commit immigration fraud. Very dangerous ground for both you and the person you import. To be honest, I'm not sure exactly what offence(s) you, they and your company would be charged with; but the penalties could be severe. Possible imprisonment for you, imprisonment followed by deportation and a permanent ban from the UK for them, large fines for your company. See Appendix B - IMMIGRATION OFFENCES. The purpose of this forum is to offer advice to those with genuine questions about immigration and visa matters; not to aid those who intend to commit fraud.
bobrussell Posted April 28, 2017 Posted April 28, 2017 The law is there to protect UK/EU citizen jobs. For high skilled posts it is expected that a potential employer would show there is no suitable applicant here already. Thai translators are fairly readily available in the UK unless for a very specialised field of translation. Someone teaching Thai to a family member and doing the school run will just not qualify! I very much doubt this approach is going to get a family member into the UK on a work visa. Employers have come under extreme scrutiny in recent years from the authorities trying to ensure work visas are not misused. As 7by7 has said, getting it wrong and falling foul of the Home Office is no small matter! 1
theoldgit Posted April 28, 2017 Posted April 28, 2017 As has been pointed out this forum is to help people with genuine immigration concerns, not to discuss how to circumnavigate Immigration law.I'm going to close this thread. 1
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