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Working hours restriction for Tier 2 General visa Holder

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

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dapsyrex
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Posts: 3
Joined: Mon Apr 20, 2020 5:44 am

Working hours restriction for Tier 2 General visa Holder

Post by dapsyrex » Mon Apr 20, 2020 6:00 am

Hello,

I need clarification please.
I am a registered nurse working with the NHS as my sponsor. The contracted weekly hours is 37.5, however, I do pick up extra shifts (bank shifts) of more than 20 hours a week with same employer.

Is that a problem, since the extra shift is with same employer?

PS: I have already opted out of the working time regulation before I started working more than 20 hours extra a week. I am not asking in relation to Covid temporary rules.

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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Working hours restriction for Tier 2 General visa Holder

Post by Djsuccess » Tue Apr 21, 2020 10:57 am

dapsyrex wrote:
Mon Apr 20, 2020 6:00 am
Hello,

I need clarification please.
I am a registered nurse working with the NHS as my sponsor. The contracted weekly hours is 37.5, however, I do pick up extra shifts (bank shifts) of more than 20 hours a week with same employer.

Is that a problem, since the extra shift is with same employer?

PS: I have already opted out of the working time regulation before I started working more than 20 hours extra a week. I am not asking in relation to Covid temporary rules.
There is no problem with doing more hours for the same sponsor. The contracted hour is used to determine that you are earning the right salary based on the minimum working hours for your job. However, if you are officially offered more hours on a permanent basis, then your sponsor can update the SMS with a change of contract indicating increase in hours. Again, this is not an issue because it means you will be earning more. Reduction in contracted hours is what causes issues.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

dapsyrex
Newly Registered
Posts: 3
Joined: Mon Apr 20, 2020 5:44 am

Re: Working hours restriction for Tier 2 General visa Holder

Post by dapsyrex » Thu Apr 23, 2020 12:10 pm

Thank you for your reply.
I forgot to mention that the extra shift (bank shift) have different pay slip because we are being paid by the same employer weekly for that. Does this matter?

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Djsuccess
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Posts: 1159
Joined: Wed Jun 22, 2016 5:37 pm
Nigeria

Re: Working hours restriction for Tier 2 General visa Holder

Post by Djsuccess » Thu Apr 23, 2020 7:43 pm

dapsyrex wrote:
Thu Apr 23, 2020 12:10 pm
Thank you for your reply.
I forgot to mention that the extra shift (bank shift) have different pay slip because we are being paid by the same employer weekly for that. Does this matter?
it doesn't matter if you have a different payslip for the extra hours. As long as you are with the same sponsor and you pay all your taxes on the income, you should be fine.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

dapsyrex
Newly Registered
Posts: 3
Joined: Mon Apr 20, 2020 5:44 am

Re: Working hours restriction for Tier 2 General visa Holder

Post by dapsyrex » Sat Apr 25, 2020 1:56 pm

Thank you Djsuccess for your help.

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