Taking on additional work while waiting for ILR decision and unemployed

[swissman20]

Dear forum members and experts,

I am currently unemployed with a SET LR application under progress. I understand that during this period I'm only allowed to work for my current T2G sponsor. Am I still allowed to take on additional work while I'm waiting for a decision to be made? The additional work is a temporary contract in the same field of work and at the same level as the job I had with my T2G sponsor. Has anyone had a similar experience?

Please advise.

Thanks

[ajitu92]

I had/have the same situation and question, and I will post my understanding from reading all the rules and guidance. I will also wait for more experienced members of the forum to clarify whether my understanding is correct or wrong.

As far as I understand, on T2G we can take on ADDITIONAL employment of up to 20 hours with someone who is not the primary sponsor as long as the additional/secondary employment is at the same level and within the same SOC. Now, given that we were made redundant/lost the job with the sponsor, means that we are no longer sponsored by said sponsor. Which now means any employment/contract we would take up would then become the primary employment and not secondary/additional. So from my understanding that would be in contravention of the T2G rules/restrictions and hence not allowed, and require this new employer to sponsor you before employing/contracting you.

[swissman20]

Hi Ajitu92, agreed my view upon reading the guidelines are in sync with yours. When you had the offer for a temporary contract, did you ask the companies lawyers to see what would be possible?

Also, does that fact that I'm on section 3c currently (my t2g had expired three weeks after I applied for the extension back in may 2020) change anything?

[zimba]

Dear forum members and experts,

I am currently unemployed with a SET LR application under progress. I understand that during this period I'm only allowed to work for my current T2G sponsor. Am I still allowed to take on additional work while I'm waiting for a decision to be made? The additional work is a temporary contract in the same field of work and at the same level as the job I had with my T2G sponsor. Has anyone had a similar experience?

Please advise.

Thanks

Whatever allowed under the Tier 2 rules is what you can only do.

[swissman20]

Hi Zimba,

Thanks for the response but I believe it is more nuanced than that. I can only do what is allowed under T2G guidelines, i.e. take an additional secondary job as long as I'm working for my T2G sponsor (as ajitu92 pointed out).

In a case where I've since been made redundant but have a SET LR application with the HO, I have no other option but to remain unemployed and cannot take on a "secondary" 20 hour contract because a primary job no longer exists.

[ajitu92]

Hi Ajitu92, agreed my view upon reading the guidelines are in sync with yours. When you had the offer for a temporary contract, did you ask the companies lawyers to see what would be possible?

Also, does that fact that I'm on section 3c currently (my t2g had expired three weeks after I applied for the extension back in may 2020) change anything?

No, I did not as they weren't even willing to listen/consider.

Did you mention that you've been made redundant? If so, technically you would have been on 3c when you applied for extension in-time, but if you were made redundant the sponsorship would have been withdrawn by your sponsor and the home office notified. Now, while the withdrawal of the sponsorship on it's own wouldn't nullify your 3c as that will apply until your application is decided, your T2G conditions will still apply. Which still means you can only work for your sponsor and thus doesn't/won't change anything.

[zimba]

Hi Zimba,

Thanks for the response but I believe it is more nuanced than that. I can only do what is allowed under T2G guidelines, i.e. take an additional secondary job as long as I'm working for my T2G sponsor (as ajitu92 pointed out).

In a case where I've since been made redundant but have a SET LR application with the HO, I have no other option but to remain unemployed and cannot take on a "secondary" 20 hour contract because a primary job no longer exists.

As per Tier 2 rules, you can do additional paid work on this visa as long as you’re still doing the job you’re being sponsored for. As your job has been terminated, you cannot work until ILR is granted