ILR workpermit

[jayj]

Hello my good people

A friend of mine is on a workpermit and she has been working at her company throught the 4 years but she also worked some weekends part time at some retail fashion stores.
She wants to know whether she would have any problems when she applies for ILR next year as she did some part time work on saturdays.
She has a standard workpermit not an HSMP.

Thanks in advance

[PaperPusher]

There are rules about what suuplementary employment WP Holders can do.

This is from the Guidance Notes for employers about applying for a Business and Commercial Work Permit.

Supplementary employment

139. A person who has a work permit and wishes to take work additional to that for which the permit was issued may do so without further permission from this department provided the work:
• is outside of their normal working hours;
• is no more than 20 hours per week;
• is in the same profession and at the same professional level for which the holder’s work permit was issued; and
• is not employed by a recruitment agency, employment agency or similar business to provide personnel to a client (see paragraph 75)

So unless your friend has a permit for the same job as the part time employment, then they have been working part time without permission.

[magsi23]

Hello my good people

A friend of mine is on a workpermit and she has been working at her company throught the 4 years but she also worked some weekends part time at some retail fashion stores.
She wants to know whether she would have any problems when she applies for ILR next year as she did some part time work on saturdays.
She has a standard workpermit not an HSMP.

Thanks in advance

Well i dont think it should be a big problem unless you tell HO your self. You can work for some other company on WP as long its a similar job and it does not exceed more than 20 Hours a week and not through Employment Agency.

[IMMIGRATION LAWYER]

The HO routinely checks the applicant's National Insurance number now...

[SYH]

Hello my good people

A friend of mine is on a workpermit and she has been working at her company throught the 4 years but she also worked some weekends part time at some retail fashion stores.
She wants to know whether she would have any problems when she applies for ILR next year as she did some part time work on saturdays.
She has a standard workpermit not an HSMP.

Thanks in advance

Well i dont think it should be a big problem unless you tell HO your self. You can work for some other company on WP as long its a similar job and it does not exceed more than 20 Hours a week and not through Employment Agency.

Why cant it be though an employment agency??/
ONe other thing that I find puzzling if you get ILR, are you not exempt from immigration control. If so, then why are there people who sometimes have problems at immigration for being out too long. Don't you go through another line??

[bbdivo]

Why cant it be though an employment agency??/
ONe other thing that I find puzzling if you get ILR, are you not exempt from immigration control. If so, then why are there people who sometimes have problems at immigration for being out too long. Don't you go through another line??

No one is exempt from immigration control (except the Queen of course!) you are however free from any time restrictions when in the UK.

[Wanderer]

Why cant it be though an employment agency??/
ONe other thing that I find puzzling if you get ILR, are you not exempt from immigration control. If so, then why are there people who sometimes have problems at immigration for being out too long. Don't you go through another line??

No one is exempt from immigration control (except the Queen of course!) you are however free from any time restrictions when in the UK.

Jason Bourne is - he's got loads of passports!

[JAJ]

No one is exempt from immigration control (except the Queen of course!) you are however free from any time restrictions when in the UK.

British citizens and Right of Abode holders are exempt from immigration control.

[SYH]

Well I didn't phrase that question very well
but my main question was why can't employent be through an employment agency???

[bbdivo]

No one is exempt from immigration control (except the Queen of course!) you are however free from any time restrictions when in the UK.

British citizens and Right of Abode holders are exempt from immigration control.

You still need to show your passport, that would be a control, no? even if it is just a formality.

[SYH]

No one is exempt from immigration control (except the Queen of course!) you are however free from any time restrictions when in the UK.

British citizens and Right of Abode holders are exempt from immigration control.

You still need to show your passport, that would be a control, no? even if it is just a formality.

I meant if there are no time restrictions, then how would they know you were gone so long. I mean, you could have been in the UK for 2 years never having left, then went on holiday and come back. That was really my point but I had moved on. So moving on
What is the issue with working through an employment agency

[PaperPusher]

Well I didn't phrase that question very well
but my main question was why can't employent be through an employment agency???

Hi SYH, you can't do agency work as part of your supplementary employment because it has to be the same type of employment as on the Work Permit application, and you can't get a Work Permit for agency work. You can't have a permit for work that an agency gets you because it is not guaranteed work.

[SYH]

Well I didn't phrase that question very well
but my main question was why can't employent be through an employment agency???

Hi SYH, you can't do agency work as part of your supplementary employment because it has to be the same type of employment as on the Work Permit application, and you can't get a Work Permit for agency work. You can't have a permit for work that an agency gets you because it is not guaranteed work.

HMM is this written somewhere. As it would seem to me that if its supplemental, then who cares if its guaranteed work. As for the same type of work, you can always make sure you get assigned the proper category of work.

[Christophe]

... if you get ILR, are you not exempt from immigration control. If so, then why are there people who sometimes have problems at immigration for being out too long. Don't you go through another line??

People with ILR are subject to immigration control, and there are circumstances in which they can be denied re-entry to the UK and in which they can be deported from the UK. It is true, though, of course, that they have no time limit on their length of stay in the UK and they have no restrictions of an immigration nature on what they may do while in the UK.

The only people who are not subject to immigration control are British citizens and others with the right of abode in the UK. They cannot be denied entry to the UK and they cannot be deported (except, recently, and only in some circumstances, for terrorist offences, though that has never happened).

Citizens of EU/EEA countries are not subject to routine immigration checks at the point of entry, but they are still subject to immigration control, and there are circumstances in which they can be denied entry to the UK or removed from the UK.

[SYH]

... if you get ILR, are you not exempt from immigration control. If so, then why are there people who sometimes have problems at immigration for being out too long. Don't you go through another line??

People with ILR are subject to immigration control, and there are circumstances in which they can be denied re-entry to the UK and in which they can be deported from the UK. It is true, though, of course, that they have no time limit on their length of stay in the UK and they have no restrictions of an immigration nature on what they may do while in the UK.

The only people who are exempt from immigration control are British citizens and others with the right of abode in the UK. They cannot be denied entry to the UK and they cannot be deported (except, recently, and only in some circumstances, for terrorist offences, though that has never happened).

Citizens of EU/EEA countries are not subject to routine immigration checks at the point of entry, but they are still subject to immigration control, and there are circumstances in which they can be denied entry to the UK or removed from the UK.

Christophe folow the thread, this is not the question

[Christophe]

Christophe folow the thread, this is not the question

I do follow the thread. I answer an earlier, incidental, point that was made. That's all. (You don't have to read it all if you don't want to.)

[SYH]

Christophe folow the thread, this is not the question

I do follow the thread. I answer an earlier, incidental, point that was made. That's all. (You don't have to read it all if you don't want to.)

uh, you are answering my question which I withdrew, follow the thread

[Christophe]

Christophe folow the thread, this is not the question

I do follow the thread. I answer an earlier, incidental, point that was made. That's all. (You don't have to read it all if you don't want to.)

uh, you are answering my question which I withdrew, follow the thread

This low-level bickering is silly. I say again: I do follow the thread. I answer an earlier, incidental, point that was made.

[SYH]

Christophe folow the thread, this is not the question

I do follow the thread. I answer an earlier, incidental, point that was made. That's all. (You don't have to read it all if you don't want to.)

uh, you are answering my question which I withdrew, follow the thread

This low-level bickering is silly. I say again: I do follow the thread. I answer an earlier, incidental, point that was made.

OK if you say so, but take your own advice then

[Christophe]

OK if you say so, but take your own advice then

My advice is usually good. lol

[PaperPusher]

Hi SYH

HMM is this written somewhere

If you see my post it has a quote and a link to the relevant guidance notes. If you look at the link to the guidance, it should make a bit more sense about why no permits for agencies. See my highlighting on these quotes from there:

For how long can I have a work permit?

201. The application must state how long you need to employ the person. We can issue work permits for up to five years but we may limit the initial length of approval, for example, if you are a new employer. After this period of limited approval you will be required to submit further up to date company information that shows you continue to be a UK based employer that is able to support a genuine vacancy. We must also be satisfied that sufficient work exists for the entire period requested.

d) the employer is responsible for the post;

I. We will only issue a work permit where it is clear that you have a clear responsibility for determining the duties and functions of the post. You may apply for a work permit for a person who will be employed to provide services to a client under a contract, which may mean that the person will need to work at the client's premises. Border and Immigration Agency will not issue a workpermit where the employer is only supplying personnel.

75. We will not issue a work permit if the service that you, the employer, provide to a client is for the supply of personnel only.Consequently, we do not issue work permits to recruitment or employment agencies and similar types of business where they are employing a person solely to provide the person's services to one or more clients under a contract. This restriction also applies when the employment would be supplementary to the job for which the work permit has been issued (see paragraphs 139-141).

Supplementary employment

139. A person who has a work permit and wishes to take work additional to that for which the permit was issued may do so without further permission from this department provided the work:
• is outside of their normal working hours;
• is no more than 20 hours per week;
• is in the same profession and at the same professional level for which the holder’s work permit was issued; and
• is not employed by a recruitment agency, employment agency or similar business to provide personnel to a client (see paragraph 75)

So if the OP's friend is complying with the requirements for supplementary employment above, they are OK.

As it would seem to me that if its supplemental, then who cares if its guaranteed work. As for the same type of work, you can always make sure you get assigned the proper category of work

When I said guaranteed, I meant the work that the Work Permit is for, not the extra part-time work. But it does have to be the same job at the same level, and not for an agency. When you add all the conditions up, it means you have to do the same type of work as the permit is for. That includes not for an agency.

Obviously the BIA cares if supplementary work is done through an agency, otherwise they would not have mentioned it twice.

I hope I am actually making sense .

[SYH]

When I said guaranteed, I meant the work that the Work Permit is for, not the extra part-time work. But it does have to be the same job at the same level, and not for an agency. When you add all the conditions up, it means you have to do the same type of work as the permit is for. That includes not for an agency.

Obviously the BIA cares if supplementary work is done through an agency, otherwise they would not have mentioned it twice.

I hope I am actually making sense .

HI PP
Well Done

[magsi23]

Well I didn't phrase that question very well
but my main question was why can't employent be through an employment agency???

Hi SYH, you can't do agency work as part of your supplementary employment because it has to be the same type of employment as on the Work Permit application, and you can't get a Work Permit for agency work. You can't have a permit for work that an agency gets you because it is not guaranteed work.

HMM is this written somewhere. As it would seem to me that if its supplemental, then who cares if its guaranteed work. As for the same type of work, you can always make sure you get assigned the proper category of work.

100% it is written in workingintheuk website, you cant take a job through employment agency full stop.

I would give you the link but website is down at the moment

[avjones]

What is her main job? Is working as a sales assistant similar?

[PaperPusher]

part time at some retail fashion stores

This could be anything, senior sales, fasion buyer, retail manager, accounts, IT, designer (all WP jobs)....... or retail assistant of course. I want to know what the two jobs are too!

She wants to know whether she would have any problems when she applies for ILR next year as she did some part time work on saturdays.

Hi jayj

Can you tell us what the job on the permit is for and what the part time job is? People can then give opinions about if your friend will/may have problems.

If the part time job is allowed as supplementary employment as I mentioned earlier, I can't see any problem however.