Work permitted on a spouse visa

[Dominic1984]

Hi all,

Is anyone able to give some advice on the following please.

My wife is in the UK on a spouse visa and her BRP states 'Leave to Enter' and 'Work Permitted'. She's been in the UK for over 2 years.

Her latest employer is claiming legally they cannot offer her a permanent contract and can only offer her a fixed term contract up to the date of her visa expiry. Is this right?

Many thanks for you help
Dominic

[CR001]

Yes, that would be correct. A contract will end when her visa expiry ends. My contracts though also had a clause about extension of contract foloowing a visa extension or permanent contract after ilr.

[seagul]

I mostly seen people on zero hour contract if they haven't got PR/ILR/BC.

[Dominic1984]

Thanks for the replies. I'm confused as her first job here she was put on a permanent contract. Are we saying this was against the law?

Contracts often contain clauses such as: Employee must be eligible to work in the UK or contract will be terminated without notice.

[CR001]

The employer is merely protecting themselves. There is no guarantee that a visa extension will be successful.

[Dominic1984]

Thank you,

What I'm really looking for is the legal information on the matter, not whether the employer is choosing to protect themselves. There is a difference between the employer choosing to only offer a fixed term contract and legally not being able to offer a permanent one.

[CR001]

You need to speak to an employment lawyer service then. It is not strictly an immigration issue but entirely up to the employer.

For example, many migrants who come on the Tier 2 work permit, move permanently to join an employer, but get a contract with a fix end date corresponding to their visa expiring date. It is normal business practice for many employers.

[seagul]

Regardless type of employment contract she is being offered/doing she will be equally entitled to all employment related benefits such as annual leave, auto pension enrolment, maternity leave, sick leave and also her income will be counted towards meeting the financial requirement.

[Parsnip07]

Hi, my company (large Bank) issue permanent contracts to those on visas. The contract does state that they have the right to terminate the employment if the right to work in the UK is withdrawn so they are protected that way. I guess it depends on what the contract says that your wife has been issued. Because I work for a large Bank who have employment lawyers to hand, the Lawyers would have agreed that this clause 8n a contract if legal.