Contractor Evidence

[Zac Holt]

Hi All,

 

Our plans to migrate to Aus were put on hold since I last posted here mid 2015 but as a NY resolution we want to get the ball rolling this year!

 

The ACS require a minimum of 2 years evidence for relevant experience, in the form of duty references from your employer, in order to have your skills assessed. Here lies my problem, my evidence will have to be spread over 5 workplaces.

 

Workplace 1 and 2, I was a permanent employee and therefore only require the duty references from the employers (which I have),

 

In Workplaces 3-5, I have been a contractor through my own limited company so the evidence required is different, I need to have a self statutory declaration and statements from each client (see below extract from ACS guidelines)

 

12. SELF EMPLOYED APPLICANTSSelf-employment is when you own or run your own business (or company) as an individual or inpartnership. You may or may not employ staff.Self-employed applicants can submit a formal Self Statutory Declaration containing:

 commencement and completion dates of your self-employment

 the occupation of employment and the capacity in which self-employed

 nature and content of the work you performed

 number of staff employed and their occupations (if applicable).

 

Please include the following documentation:

 business registration certificates covering each period of self-employment

 a statement on a letterhead from your accountant or legal representative certifying the nameand nature of your business

 Statements from your clients with details of the work performed and dates. These statementsshould cover the entirety of the experience claimed.

 

For all three contracting roles, I have gone through the same agency, and i believe my contracts have been with them.

 

1) In that respect, would they be the organisation that would need to prepare statements?

2) The agency are willing to provide a duty reference as though I was permanent, is it worth exploring this route as I have technically been employed by them?

 

Any help would be much appreciated.

Regards

[JonSmile]

When I did this (contractor with own limited company) I got signed documents from employees at the companies I contracted to - I ignored the agency completely. You were not employed by the agency - as you had your own limited company.

I also provided copy contracts for the time period - where the contracts had the role title matching the job code I was going for. I also provided full company accounts for the period along with payslips and dividend evidence.

 

This is was much more paperwork than when I was an employee of a large company but ultimately paid off ad I got my visa.

 

as an aside - if you are a contractor using your own company, you do not want the agency saying you were an employee of theirs - this is very bad for tax / IR 35 purposes.

[Zac Holt]

Thanks Jon, I've just taken a look at the contracts and here is an extract, what would you make of it?

What did you have in the letters from employees at the company and what were their positions?

The contracts do not have a role title, just technical services

 

CONTRACT FOR THE PROVISION OF TECHNICAL SERVICES

The Agreement is between the following parties (the Parties):

1. Agency Name (Hereinafter referred to as the Company) And:

2. Limited Company (Hereinafter referred to as the Service Provider)

I have read and accept the Terms and Conditions contained herein.

Signed for and on behalf of

Agency

Signed by the Service Provider

(Please note only a Director of the Service Provider can

sign the Agreement.)

WHEREAS:

The Company is acting as an employment business. The Service Provider is a company registered in the United Kingdom. The Company’s clients have identified a need for specialist help and assistance in the performance and completion of works and the Service Provider has the required level of expertise and wishes to be introduced to clients in order to provide the required assistance on the terms of the Agreement.

[Guest]

I just got the person I reported to in the company I contracted at to do the reference - one wouldn't as the company policy was that only HR provided references, it had only been a two month contract so I simply got a statement from the agency and that sufficed.

 

You can do a stat dec if it's the only option but I would ask a senior person in the companies to do it. It may have changed but I didn't need to supply contracts or any kind of accounts just the references/statement of duties.

[Zac Holt]

Thanks for the information @Lady

 

what did you get them to do, just a duty reference the same as though it was a permanent role?

If so, did you have the daily rate on it rather than per annum? and was that all that you submitted? what about pay slips?

 

Would any of you be able pm a copy of your reference with all personal information ommitted? So i can gauge if the ones I have will suffice?

 

Sorry for the 101 questions!

 

Zac

[Guest]

Thanks for the information @Lady

 

what did you get them to do, just a duty reference the same as though it was a permanent role?

If so, did you have the daily rate on it rather than per annum? and was that all that you submitted? what about pay slips?

 

Would any of you be able pm a copy of your reference with all personal information ommitted? So i can gauge if the ones I have will suffice?

 

Sorry for the 101 questions!

 

Zac

 

Yes, it was exactly the same as my permanent references - it never even occurred to me that anything different was needed. To be honest it was 6 years ago so the details of what were on it regarding pay are hazy - I do not recall having anything at all on.

 

I have no idea whether I submitted payslips, i really can't remember.

 

I have no idea where they are now - I don't have e;electronic copies but they were all over a side of A4 except for the agency one which was a couple of lines but that was only an 8 week contract so not hugely significant in my 10 years experience.

[Skyba]

Hi All,

 

Our plans to migrate to Aus were put on hold since I last posted here mid 2015 but as a NY resolution we want to get the ball rolling this year!

 

The ACS require a minimum of 2 years evidence for relevant experience, in the form of duty references from your employer, in order to have your skills assessed. Here lies my problem, my evidence will have to be spread over 5 workplaces.

 

Workplace 1 and 2, I was a permanent employee and therefore only require the duty references from the employers (which I have),

 

In Workplaces 3-5, I have been a contractor through my own limited company so the evidence required is different, I need to have a self statutory declaration and statements from each client (see below extract from ACS guidelines)

 

12. SELF EMPLOYED APPLICANTSSelf-employment is when you own or run your own business (or company) as an individual or inpartnership. You may or may not employ staff.Self-employed applicants can submit a formal Self Statutory Declaration containing:

 commencement and completion dates of your self-employment

 the occupation of employment and the capacity in which self-employed

 nature and content of the work you performed

 number of staff employed and their occupations (if applicable).

 

Please include the following documentation:

 business registration certificates covering each period of self-employment

 a statement on a letterhead from your accountant or legal representative certifying the nameand nature of your business

 Statements from your clients with details of the work performed and dates. These statementsshould cover the entirety of the experience claimed.

 

For all three contracting roles, I have gone through the same agency, and i believe my contracts have been with them.

 

1) In that respect, would they be the organisation that would need to prepare statements?

2) The agency are willing to provide a duty reference as though I was permanent, is it worth exploring this route as I have technically been employed by them?

 

Any help would be much appreciated.

Regards

 

 

I worked in in exactly the same way as you although I knew I was going some years ago and knew I would need the evidence so I got the references as I went, a couple I had to go back to get but I just got hold of the company I worked for and then got through to the foreman for the job and asked for a written reference. I did however provide them with references from the agencies I worked for explaining what my job roles were with them and the dates I worked for them. They also backed this up with a statement of all payments made to me in the time I worked for them. I'm sure if you couldn't get references from the main contractor this would be good enough. Depends on who you use, I don't know what vetassess are like I used futureskills

[Zac Holt]

I've re-read the skills assessment guidelines and they only mention payslips if I am to do any statutory declarations - which I hope i can bypass with agency references for the company I cannot get.

I could apply for the assessment whilst perceiving to be in multiple permanent roles, by just supplying the duty references from each - similar to @lady, do you think this will be frowned upon or even picked up?

 

I really appreciate the help!

[Zac Holt]

Hi Guys,

 

Any thoughts?