Working on post study work permit and moving to tier 2

[aspirant910]

One of my HR friend has asked a question.
They have an employee working for 40
Hours under post study work permit now employee visa is expired and he has submitted a tier 2 visa via an umbrella company.
Legally is he allowed for 20 hours once his post study visa is expired even with a positive ECS check or he can continue to work for 40 hours for 6 month as ECS is valid for that duration ?

[CR001]

tier 2 visa via an umbrella company.

I don't believe this is allowed. He visa sponsoring company must be the one where he works and whose payroll he is on, no a third party company.

Legally is he allowed for 20 hours once his post study visa is expired even with a positive ECS check or he can continue to work for 40 hours for 6 month as ECS is valid for that duration ?

Where does your 'friend' see that he can only work 20 hours. Absolute nonsense. Until a decision is made on a Skilled Worker visa, he Graduate Route visa conditions continue.

[aspirant910]

tier 2 visa via an umbrella company.

I don't believe this is allowed. He visa sponsoring company must be the one where he works and whose payroll he is on, no a third party company.

Legally is he allowed for 20 hours once his post study visa is expired even with a positive ECS check or he can continue to work for 40 hours for 6 month as ECS is valid for that duration ?

Where does your 'friend' see that he can only work 20 hours. Absolute nonsense. Until a decision is made on a Skilled Worker visa, he Graduate Route visa conditions continue.

He is a contractor not a permanent staff via a 3rd party payroll agency.

He used to bill 40 hours weekly as had a graduate visa. I believe you are allowed to work for 20 hours extra on skilled worker visa?
As ECS is valid for 6 month is he still allowed to work for 40 hours a week till a decision is taken on skilled worker visa ?

[CR001]

He is a contractor not a permanent staff via a 3rd party payroll agency.

This is not permitted on Skilled Worker visa. For a Skilled Worker visa, he must be employed by the actual sponsor on their payroll.

He used to bill 40 hours weekly as had a graduate visa. I believe you are allowed to work for 20 hours extra on skilled worker visa?

These are two completely separate things. There is no limit on hours for a Graduate Route visa. On Skilled Worker visa, he needs to be working directly for another employer in the same SOC job for no more than 20 hours per week on the second employers payroll. He cannot contract.

As ECS is valid for 6 month is he still allowed to work for 40 hours a week till a decision is taken on skilled worker visa ?

While an application is pending, the EXISTING visa conditions continue.

[aspirant910]

So he can work for 40 hours as his existing visa conditions are applied till a decision is being made on his new application ( Skilled visa from another company)
What are the guidelines for HR as this is quite weird as seems like person has filed a vary application just to extend his contract. ECS is valid for 6 month so he can work for another 6 month or how many time he can file the vary application ? If there is no time limit on vary application is this not a misuse of a vary process ?

[CR001]

What exactly has he varied if he is currently on a graduate route visa???

A Skilled Worker visa would be a NEW visa, not a variation.

[aspirant910]

What exactly has he varied if he is currently on a graduate route visa???

Graduate visa is expired and has applied skilled worker visa. Although its new visa but till a decision is taken he can continue to work for 40 hours ?

[CR001]

So not a variation at all, which is not the same as a new application for switching to a different visa route.

While a decision is pending, his existing graduate route visa conditions continue. That is it, nothing more and nothing less.

[aspirant910]

So not a variation at all, which is not the same as a new application for switching to a different visa route.

While a decision is pending, his existing graduate route visa conditions continue. That is it, nothing more and nothing less.

Agree but its already been five months since the new application has been submitted . HR has done ECS check five months back which is valid for 6 month. There must be a variation as HR is not sure why a decision has not been received till now and what are their options ?

[CR001]

Is your hr friend from the umbrella company or from rhe place where this graduate visa holder is contracting.

5 months for a Skilled Worker application is very very unusual.

Is suspect it might be on hold pending evidence from the umbrella company, which as I have said is not the correct or legal way to get a Skilled Worker visa.

[aspirant910]

HR has terminated his contract now.
His pending application was rejected as invalid due to absence of CoS certificate on 10th this month . Will he is treated as overstayer since April when this application was made or the date when the application was rejected ?
He has told HR that he is going to file another Skilled worker visa via an umbrella company ? Can he file another application or overstaying has an impact on this ?

[aspirant910]

Is your hr friend from the umbrella company or from rhe place where this graduate visa holder is contracting.

The place where visa holder was contracting

[CR001]

He is not allowed to contract on a Skilled Worker visa.

He must be employed directly by the sponsoring employer where he will be or is working, on their payroll, not an umbrella company.

[aspirant910]

HR has terminated his contract now.
His pending application was rejected as invalid due to absence of CoS certificate on 10th this month . Will he is treated as overstayer since April when this application was made or the date when the application was rejected ?
He has told HR that he is going to file another Skilled worker visa via an umbrella company ? Can he file another application or overstaying has an impact on this ?

Can you please advise on above.

[CR001]

How did this person think they would get a Skilled Worker visa without a valid CoS and though dubious means of employment.

If his graduate visa has expired, he is an overstayer.

Why are you getting involved here? If the employment has been terminated, I suggest you and the hr person draw a line and move on.

[sah10406]

His pending application was rejected as invalid due to absence of CoS certificate on 10th this month . Will he is treated as overstayer since April when this application was made or the date when the application was rejected ?

It depends. He needs to get proper advice on this.

[aspirant910]

How did this person think they would get a Skilled Worker visa without a valid CoS and though dubious means of employment.

If his graduate visa has expired, he is an overstayer.

Why are you getting involved here? If the employment has been terminated, I suggest you and the hr person draw a line and move on.

Thanks for your advise and you are right there are no means of us to get involved into this.