Changing jobs while ILR application is in progress.

[Bgsbgs]

My partner is applying for a job with a large UK company. She submitted her ILR application 3 months ago as the spouse of a UK citizen, and hadn’t heard back since (it could be another three months...).

Because of this, her prospective employer doesn’t want to issue her with a full time contract. Instead they are offering a 6 month contract with an verbal understanding that it will be converted into a full time contract when ILR is granted.

Is there a law that forces them to do this? Is there anything we can do to avoid this?

The irony is that if she was not a spouse of a UK citizen they could easily get a visa for her as a skilled worker and there would be no problem, so she is penalised for being the spouse of a British citizen.

[manci]

Because of this, her prospective employer doesn’t want to issue her with a full time contract. Instead they are offering a 6 month contract with an verbal understanding that it will be converted into a full time contract when ILR is granted.

Is there a law that forces them to do this? Is there anything we can do to avoid this?

No and No. It is entirely up to the company what they offer to your wife.

If she is keen on the job suggest to accept the 6 month contract but instead of a verbal understanding that it will be converted into a permanent contract when ILR is granted try to get them to put this in writing.

The company may resist because perhaps they want the 6 month contract as a probationary period?

[Bgsbgs]

Thank you for your response.

Their position is that they would be at risk of getting fined if they offered a full time contract. A full time contract would be completely standard for this time of job.

Do you know what the standard practice is at large organisations? Presumably they would just give the same contract as they would otherwise but make a note that they need to do a document check again within 6 months.

[manci]

The standard practice is to offer the job subject to immigration status

[zimba]

Thank you for your response.

Their position is that they would be at risk of getting fined if they offered a full time contract. A full time contract would be completely standard for this time of job.

Do you know what the standard practice is at large organisations? Presumably they would just give the same contract as they would otherwise but make a note that they need to do a document check again within 6 months.

This is not an immigration issue. Your spouse is better off instead to negotiate with the employer and get a confirmation that by producing an ILR card later, her contract becomes permanent.

[Bgsbgs]

In the end the employer agreed to offer a standard full-time contract.

The standard terms and conditions of the contract that apply to all employees say that they can terminate the contract if the employee’s immigration status changes ...