"Contractors" and Tier 2 - Advice Please

[masthf]

Hi

I am looking to move from Tier 5 to Tier 2. I am aware that I need to pass the resident labour market test and apply outside of country.

However, I have a question regarding the criteria. One of the requirments seems to be that you have to be in a "permanent" role. Is this concept of permanent role different to what an employer would usually consider permanent, because otherwise this would mean that someone who has a contract with an end date would not be able to apply for a Tier 2 visa.

Could someone please let me know if this is the case - ie can someone with a contract offer of 6 months get on a tier 2, and can he then apply for extensions if the contract is later extended. (the guidance suggests that this is possible because it talks about the end date of contract, but then why this reference to "permanent role")?

Let me just clarify this though. I would be a salaried member of staff, but with a fixed date for end of my employment.

Would really really appreciate any help.

[geriatrix]

"Permanent role" refers to the longevity of the "role", not the longevity of a person (appointed to that role) in that role.

e.g. - while a role may exist for the next 10 years, but there may be just 1 person or may be 10 persons appointed to perform that role during the 10 years.

[masthf]

So does that mean that an employer cannot bring someone on to work on project for example for 6 months? I find that rather strange, because you would think those are the kind of cases where there would be real shortage, where you need someone to do a particular job and there is no chance to train anyone else up to do it.

[geriatrix]

So does that mean that an employer cannot bring someone on to work on project for example for 6 months?

No.

In the example, did I not refer to 10 people being appointed to a role in the span of 10 years? Change that to 25 people being appointed. That can mean that some persons would have been appointed to the role on a fixed-term contract of six months or less!

The employer specifies the period of engagement/ sponsorship, and it is their prerogative to decide that.

And, being appointed to a fixed term contract doesn't make an employee a "contractor".

[masthf]

I just find the distinction between role and employee a bit strange here.

Are you then saying then that when doing the resident market test, the position you advertise for cannot have an end date. I.e. you cannot advertise a position as "a 6 months fixed term contract" position? Or that you are looking for someone to fill a role for a period of 6 months?