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Duration of contract for skilled worker visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mharis01
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Germany

Duration of contract for skilled worker visa

Post by mharis01 » Mon Jul 03, 2023 1:11 am

Hello

I am new to this topic. I have seen many topics and I often see that companies offer fixed term contracts instead of permanent contracts. Let's take the software industry. What is the norm in the UK? Do companies only offer fixed term contracts to skilled worker visa holders or are there also companies which offer perminant positions? What usually happens? Do they not renew the contract after the term expires? And does this happen only during the skilled worker visa or also for UK nationals or for people with ILR?

In the end, isn't it risky because it's a temporary contract and not a permanent one leading to visa expiry ?

I am looking forward to your answers.

Thanks

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Frontier Mole
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European Union

Re: Duration of contract for skilled worker visa

Post by Frontier Mole » Mon Jul 03, 2023 9:02 pm

By the very definition of the duration of a skilled worker visa there can not be a “permanent” offer of employment. Employment can only last for the durations of the visa period granted.

If on the other hand you are looking at third party contractor work, that is not permitted under the skilled worker route.

secret.simon
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Re: Duration of contract for skilled worker visa

Post by secret.simon » Mon Jul 03, 2023 9:27 pm

There may be legal ways around it.

When on my Tier 1/HSMP visa, I was given a job that was "permanent", so long as I renewed the visa on my own steam (i.e. the organisation would not help me renew it). When I presented my new BRPs after extending the visa to the organisation HR, the employment contract would be updated with the new date of visa and finally with ILR, my contract was updated to make it permanent.

But the organisation was very careful to make sure that the contract at the time would only be dated up to the end of the visa, while I was subject to visa conditions.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Frontier Mole
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European Union

Re: Duration of contract for skilled worker visa

Post by Frontier Mole » Mon Jul 03, 2023 9:35 pm

Totally agree with Secret-Simon. Most (sensible) organisations will place a generic clause in the contract stating that your employment is subject to having continuing leave to remain / work in the U.K. Even in contracts that are all bar the word permanent have this written as to prevent a contractual obligation to keep you employed even if you to have your visa curtailed for any reason not related to the employer.

lolo2
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Re: Duration of contract for skilled worker visa

Post by lolo2 » Tue Jul 04, 2023 11:27 am

mharis01 wrote:
Mon Jul 03, 2023 1:11 am
In the end, isn't it risky because it's a temporary contract and not a permanent one leading to visa expiry ?
With either contract type, fixed-term or permanent, a leave as a foreign worker will be tied to the validity of the SW visa.

There's no "norm" in the UK to offer fixed-term or permanent jobs to foreign workers, both types are completely acceptable and eligible for sponsorship as long as the role and the employer fulfill the requirements. This is not exclusive of any specific industry.

I've been under both contract types and can say that having a "permanent" role doesn't mean that you are safer, in terms of maintaining your leave (or job). Any role is subject to many factors, irrespective of the immigration status.

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