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Agency Work (Temping)

Posted: Wed Aug 06, 2014 1:28 pm
by nadia77
Hi Everyone :)

I will be sending my application for PR to the HO within the next week or so, but there is an issue which is really causing me a lot of stress. I have done so much research into this I actually feel like my head is going to explode lol, but I still have doubts about my situation.

So my issue is that for the first 3.5 years after I arrived in the UK, I worked as a temp for an agency. I am really worried about whether or not the Home Office will accept that I was a ‘worker’ during these years. Like I said I have done so much research into this, and I understand that the work has to be genuine and effective, and I have also read that a judge has ruled that agency work is acceptable as long as the agency regularly finds work for you and it is not separated by long periods in between assignments.
What really concerns me is that I have read about the minimum of 10/12 hours work per week ‘rule’. I assume that this would relate more to someone who works ‘fixed hours’? Anyone who has experience with temp work will surely understand that when you are temping there are times when the agency has no work for you, and you can occasionally go 1 to 2 weeks without having work. However, there are other times when you work every single day for weeks or even months at a time if the agency gives you a long-term assignment. I would say that on average, I worked between two to three days a week. BUT that is on average. There were times that I worked only one day per week (which is obviously less than 10/12 hours), and very occasionally the agency had no work for me for 2 to 3 weeks.

I decided that the best way to prove that I worked regularly would be to make a list of ALL the assignments I ever did for the agency, and ask the agency to print this off for me on an official letter. My solicitor also thinks this is a good idea.

The only thing I worry about, if I do the above, is that the HO might have a problem with the periods where I wasn’t working. Common sense would tell me that they will look at the entire 3.5 year period, and realise that ON AVERAGE I worked 2-3 days per week, and hopefully they will take into consideration the nature of agency work- that sometimes there just is no work and there are no fixed hours.

Has anyone been in a similar situation? I would really appreciate your opinions on this – it is causing me so much stress. Thank you so much!!!!

Re: Agency Work (Temping)

Posted: Wed Aug 06, 2014 1:34 pm
by Obie
Well it appears you and your solicitor are the one providing the justification for UK A to refuse you.

The exercise you and your solicitor is undertaking is totally unnecessary and will be counter productive.

I believe your company did provide a P60 ?

Re: Agency Work (Temping)

Posted: Wed Aug 06, 2014 1:50 pm
by nadia77
Many thanks for your reply.

May I ask why you think they would refuse my application?

Yes I do have P60's, but the problem with that is I was earning so little - around £4000- £5000 per year.
I have read about a new rule that has come into effect- which means they can decide if someone is a worker based on how much they earn. I think the minimum is around £6000 a year.

If I were to send in only the P60'S- would my applucation not be rejected due to too little evidence?

Re: Agency Work (Temping)

Posted: Wed Aug 06, 2014 2:13 pm
by Obie
I will rather deal with that If UK A raised it as an issue.

I will not show them points to take against me.

The rules you mentioned are not exactly as you say. They did not say anyone earning less than 6k is not a worker. In any event it is mainly Applicable to benefit claimant.

Re: Agency Work (Temping)

Posted: Wed Aug 06, 2014 2:29 pm
by nadia77
OK yeah I kinda see what you mean.

It's just that if I were to send in only P60's- that wouldn't show them when I started working, so in that case would I need to get a letter from the temp agency?

What I would worry about then is that they would realise that I was working as a temp. And then they would have no indication of how regularly I was working, whereas if I made a list of all the assignments they could clearly see that I was working on a regular basis and had become an 'established member of the workforce'.

Do you really think the fact that sometimes (in fact very occasionally) I had no assignments for a couple of weeks would be such an issue??