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Only if you breach your Tier 4 visa conditions. I assume you're aware of it thoroughly.
That is a contradiction in terms. It sounds like it is a temporary job on paper at the moment, specifically because the employer knows that she cannot take a permanent full-time job.
That is not a contradiction. If you hold a Tier4 visa and got a permanent job which requires a switch to tier 2 visa. The job doesn't need resident labour market testing. Also they job she got is on the shortage list. Meaning the employer doesn't necessarily need to advertise it.sah10406 wrote: ↑Thu Mar 07, 2019 9:14 amThat is a contradiction in terms. It sounds like it is a temporary job on paper at the moment, specifically because the employer knows that she cannot take a permanent full-time job.
It doesn't sound very ethical, but I think it is quite common for employers to play fast and loose with temporary / permanent jobs in this way in order to get round an employee's work conditions.
With respect, I would advise you stay away from giving her amateur immigration advice and services. If your sister has concerns about the matter, she can discuss them with the HR at her employer, and if she is very concerned she can get immigration legal advice.
Yes, except it is not relevant that it is a shortage occupation. Switching from Tier 4 to Tier 2 in the UK for any eligible job does not require the RLMT test.
Thank you again.sah10406 wrote: ↑Thu Mar 07, 2019 11:30 amYou may be conflating a couple of separate issues, so to clarify:
Yes, except it is not relevant that it is a shortage occupation. Switching from Tier 4 to Tier 2 in the UK for any eligible job does not require the RLMT test.
Not quite. As we know, before they make the Tier 2 application, a Tier 4 migrant cannot start a permanent full-time job, as we know and as advised above. But as soon as a Tier 4 visa holder has made a Tier 2 application, they can start their permanent full-time Tier 2 job. Neither they nor the employer need to wait until the outcome of the application, and the employer does not need to make it a temporary or fixed-term job. This is built in to the Tier 4 work rules, at paragraph 245ZW(c)(iii)(7) of the immigration rules:
(iii) no employment except
...
(7) until such time as a decision is received from the Home Office on an application which is supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor ... and while the applicant has extant leave ... employment with the Tier 2 Sponsor, in the role for which they assigned the Certificate of Sponsorship to the Tier 4 migrant,
If someone who has made the Tier 2 application is only given a temporary or fixed-term or conditional contract, that is the employer's choice to do that for their own reasons, not a requirement of the immigration rules. Obviously in the unlikely even that the Tier 2 application was refused, the employee would need to stop work.
Maybe. As the employee, I would probably have a concern that the employer is in effect making a permanent job look temporary to get round the Tier 4 work rules before I have applied for Tier 2. If both the employee and the employer are happy with that, fine.
As advised, neither the shortage list nor the RLMT (which are separate things) are ever relevant to a Tier 4-to-Tier 2 switch.
No, I want employers to not force employees who have made a Tier 2 application onto a temporary contract for spurious "immigration reasons" when the immigration rules allow it to be permanent anyway.
This is not a force or getting around the policy. The employer is in fact offering skilled students with professional qualifications flexible contract terms for fixed terms and will not refuse taking you on a fixed term because you are on Tier 4.sah10406 wrote: ↑Thu Mar 07, 2019 12:31 pmMaybe. As the employee, I would probably have a concern that the employer is in effect making a permanent job look temporary to get round the Tier 4 work rules before I have applied for Tier 2. If both the employee and the employer are happy with that, fine.
As advised, neither the shortage list nor the RLMT (which are separate things) are ever relevant to a Tier 4-to-Tier 2 switch.
No, I want employers to not force employees who have made a Tier 2 application onto a temporary contract for spurious "immigration reasons" when the immigration rules allow it to be permanent anyway.
I really think we are at cross-purposes.Coache wrote: ↑Thu Mar 07, 2019 1:15 pmThis is not a force or getting around the policy. The employer is in fact offering skilled students with professional qualifications flexible contract terms for fixed terms and will not refuse taking you on a fixed term because you are on Tier 4.
Why should a student sit back at home when you can do job on a fixed term basis when you have right to work and earn a living ? People work for big firms and co for a complete 4 months after studies during which the job they started were lucky to be offered as a permanent role.
Thanks for your help and I appreciate as this will help so many people in such condition. please read the feedback from an immigration consultant. I posted above.sah10406 wrote: ↑Thu Mar 07, 2019 1:24 pmI really think we are at cross-purposes.Coache wrote: ↑Thu Mar 07, 2019 1:15 pmThis is not a force or getting around the policy. The employer is in fact offering skilled students with professional qualifications flexible contract terms for fixed terms and will not refuse taking you on a fixed term because you are on Tier 4.
Why should a student sit back at home when you can do job on a fixed term basis when you have right to work and earn a living ? People work for big firms and co for a complete 4 months after studies during which the job they started were lucky to be offered as a permanent role.
Taking a fixed-term contract as a Tier 4 visa holder, with or without a pending Tier 2 application, is totally fine and normal. For someone who hasn't yet made their Tier 2 application, that's all they can do anyway.
What I am saying is that it is a pity that employers put people (including Tier 4 migrants with a pending Tier 2 application) onto such contracts when they do not need to.