HR saying cant give a permanent but a fixed term contract!

fOOt · Post by **fOOt** » Mon Jul 28, 2014 10:22 pm

I was applying form a band 5 Occupational Therapy (NHS) to go into band 6 OT NHS job in a different trust..

I am currently on a Tier 2 visa until 2017. I gave an interview for another NHS job and was offered the position. It was a permanent post, but the conditional offer they emailed me had sections of a nursing job and stated it as a 1 yr fixed term contract. I rang the line manager who interviewed me and she verbally acknowledged that its wrong and will be amended. However, i never received a corrected conditional offer letter but the HR started the process of generating a CoS for me. I got the CoS stating my start and end date covering a period of 3 years. I applied for the VISA and got my new BRP. Terminated my current job and in the middle of completing my notice period. Then i send the copies of the documents to the HR for this new job who replied back saying that they can offer me 1 year fixed term contract and if i am happy to continue?
I argued that i interviewed for permanent post and nothing was said to me before they generated the CoS or even before i applied for the new VISA. To this they stated that "THEY CANNOT GIVE ME A PERMANENT JOB BECAUSE MY VISA EXPIRES IN 3 YEARS HENCE WHAT THEY CAN DO IS GIVE ME A 3 YEAR FIXED TERM CONTRACT IN LINE WITH MY CURRENT VISA".
However, in my current or now i should say my last job i always had a permanent contract despite leave to remain restrictions (there was a clause that says if there is any change to my right to work in the Uk the trust can terminate my employment). Plus my other friends under similar visa conditions all have been offered and are in permanent employment.
Now should i be arguing with them to give me a permanent contract or just go with the 3 year fixed term contract? How would this affect me when i will be extending my visa in 3 yrs time?

fOOt · Post by **fOOt** » Mon Jul 28, 2014 11:36 pm

Nobody has an answer to this?

physicskate · Post by **physicskate** » Tue Jul 29, 2014 9:09 am

fOOt wrote:Nobody has an answer to this?

I feel like this is not a visa issue..? This is your employer promising you one thing when they employed you and going back on that (verbal) agreement. This is an employment law issue.

fOOt · Post by **fOOt** » Sat Aug 02, 2014 12:45 am

I know it was not a visa issue. But with perseverance i have managed to get what i asked for in the contract. Thanks for the help though.

sangeetharaman89 · Post by **sangeetharaman89** » Mon Jan 05, 2015 3:41 pm

Guys I am in a similar situation I have got a job offer for one year fixed term contract and they are ready to sponsor me visa. How does it work for contract position?? Can I actually apply for a tier 2 visa with a one year fixed term contract. There are possibilities of extension. . Pls help.

iworker · Post by **iworker** » Mon Jan 05, 2015 4:59 pm

its not a problem. You will however be given a visa for 1 years plus 2 weeks if it is 1 year contract. After that you can renew with same employer if they give you another contract.

sangeetharaman89 · Post by **sangeetharaman89** » Mon Jan 05, 2015 5:58 pm

Hi many thanks for the reply. Regarding rlmt,
They have given this position to recruitment agency and they have advertised in their website ..called me for a telephonic interview and then a personal interview. Is that enough for them as a rlmt??

Some people are even sating I cannot go with one year ftc ...i am stressed

Post by **Frontier Mole** » Wed Jan 07, 2015 9:06 am

FTC is not an issue. The guidance does not prevent FTC tier 2 roles. There is an implied expectation that the role is permanent but in law FTC is not excluded.
RLMT
I assume you currently have a tier 2 visa?
As long as the RLMT is conducted within the rules eg 28 days advertised in the correct places, salary right level etc all is good. Does not matter that Agency did the admin.
The only cautious point I would add is that the job offer should have been made after the 28th day of advertising.
Just to confirm - you are going to be employed directly by the Sponsor and no thru the agency?

sangeetharaman89 · Post by **sangeetharaman89** » Wed Jan 07, 2015 8:34 pm

Many thanks for all your replies. As usual I am very unfortunate that company withdrawn there offer of employment. They thought for one year fixed term contract the process of visa will be two months. If I have a visa where I can directly work for a company I am sure I can find a good job.

Please suggest me , my husband came to uk in 2009 on student visa to do MBA . He could not finish his course due to financial problem and again he applied in another college for Msc in IT again he din complete that because he cud pay the fees. After that we got married and he became my dependant Tier 1 psw. He is as my dependant on tier 2 general now . My wish is he has to complete his qualification. If he can apply for student visa??

Will there be any chance to get visa granted again as a student and I can be his dependant.

Please help.

Post by **Frontier Mole** » Wed Jan 07, 2015 9:02 pm

Sorry to be blunt but not a hope of him getting a tier 4 visa from a Uni. Have a look at the tier 4 forum to get a flavour for the current situation for students.
Two attempts at a course regardless of why they did not complete will preclude admission to a Uni

sangeetharaman89 · Post by **sangeetharaman89** » Wed Jan 07, 2015 10:20 pm

THanks for the reply again. I understand that . He cudn actually pay his fees

..is there any other way I can change my category which gives me full time employment.. i get so many interviews but unfortunately they Don offer job coz of my visa ...

Post by **Frontier Mole** » Thu Jan 08, 2015 8:08 am

I don't have an answer to your issue.
The system was changed to prevent tier 4 dependants switching readily into tier 2. So you are describing the desired outcome of that policy.
Is there another visa route to allow full time employment - the answer is no within PBS.
Outside of PBS yes. Marriage to an EEA national is the current favoured abuse route but that is not a solution for you.
Unless you can find a Sponsor under tier 2 there is no option but to return home.
What is your husbands current status? If he is not at Uni has his visa been curtailed and yours in line with that?

sangeetharaman89 · Post by **sangeetharaman89** » Thu Jan 08, 2015 9:33 am

Thank you. He is dependant of mine from 2012 July...

Post by **Frontier Mole** » Thu Jan 08, 2015 9:37 am

Your on Tier 1 PSW - missed that in an earlier post.
Yip it is tier 2 only or you go back to Uni and he becomes the dependent with work rights,even then the chances of you getting a CAS are limited.

Post by **Frontier Mole** » Thu Jan 08, 2015 9:44 am

Are you working in the NHS at the moment?

sangeetharaman89 · Post by **sangeetharaman89** » Thu Jan 08, 2015 5:12 pm

No

in a private pharmaceutical company. ..

Post by **Frontier Mole** » Fri Jan 09, 2015 7:24 am

Are your current employers not willing to keep you on?
That would be the simple option.

FaeLLe · Post by **FaeLLe** » Sun Jan 11, 2015 8:44 pm

It looks like your employer is willing to keep you on as long as you have authorisation to work in the UK.
The fact that they agreed to give you a 3 year contract (tied to the term of your current visa) indicates this.

My advise is get them to agree to the 3 year term and get on the job before they find a replacement for you.
Once you are in you can either see how it goes close to the end of 3 years or explore what you want to do.

FaeLLe · Post by **FaeLLe** » Sun Jan 11, 2015 8:44 pm

It looks like your employer is willing to keep you on as long as you have authorisation to work in the UK.
The fact that they agreed to give you a 3 year contract (tied to the term of your current visa) indicates this.

My advise is get them to agree to the 3 year term and get on the job before they find a replacement for you.
Once you are in you can either see how it goes close to the end of 3 years or explore what you want to do.

Immigrationboards.com: Immigration, work visa and work permit discussion board

HR saying cant give a permanent but a fixed term contract!

HR saying cant give a permanent but a fixed term contract!

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac

Re: HR saying cant give a permanent but a fixed term contrac