Can I take a permanent job on a tier 2 general visa?

[JS28]

Can a non-eu on a tier 2 visa be offered a permanent job?

[Lucapooka]

Yes, of not more than 20 hours per week and at the same grade as your current position.

[JS28]

Yes, of not more than 20 hours per week and at the same grade as your current position.

I am doing 37 hrs per week and I am a college lecturer? Can I still have a permanent job?

[ddb]

Not entirely sure of what you're asking but maybe you could get an answer from here (the term 'permanent job' wasn't used though).

http://www.ukba.homeoffice.gov.uk/visas ... onditions/

[JS28]

Not entirely sure of what you're asking but maybe you could get an answer from here (the term 'permanent job' wasn't used though).

http://www.ukba.homeoffice.gov.uk/visas ... onditions/

I have a tier2 general visa. When I applied in March my employer wrote me a letter than my post is permanent.

I went to the HR to ask for the contract copy so I can read through it and then sign it. The lady from HR said my post as not been permanent because it is against the UK law to offer a non-eu citizen a permanent job?

I have only one job by the way and I am not trying to seek another employment.

I am trying to see whether I can challenge this because I have a confirmation in writing that my post as a college lecturer has been made permanent.

I hope someone can help me.

[ddb]

No disrespect to the lady from the HR department at your place of work but I do believe she's got her facts mixed up.

I think she's making a play with words like 'permanent' to cause confusion and maybe feels the need to make comments like that because she feels by doing so she's looking out for the establishment's interest.

As I understand it, If one has been offered a job by a sponsor under the Tier 2 PBS category, it is 'permanent' for as long as they want you to work for them. Besides, if it was temporary, the reason for that or the duration would/should be clearly stated either verbally or preferably in writing.

I suggest you maybe get something in writing from a solicitor (with expertise in immigration matters preferably) to show the lady at HR.

[silverchloride]

I understand what that lady meant. I think your job is permanent 'as long as the Employer can keep you employed within the UKBA regulations'.

This usually is a get-out clause in case the UKBA suddenly change the requirements for Tier 2 to something which is impossible for the employer to match. For instance, if you're earning 30k and the UKBA regulations change saying that all Tier 2 people should earn minimum 60k to be employed. Stuff like that. In that case, to avoid legal issues, employers have this clause.

It's also important for the employer to have this clause while you're renewing your Tier 2 as well in the years to come.

Hope this helps - don't worry too much about it. Concentrate on your job and keep up to date with what's happening on the immigration rules front.

Best Regards

[manci]

Check your employment contract. As Silverchloride suggested, your employment is probably conditional upon satisfying immigration rules.

[JS28]

Check your employment contract. As Silverchloride suggested, your employment is probably conditional upon satisfying immigration rules.

Hi Manci,

I totally agree with what your saying. But I was offered a permanent contract and the condition was to 'dependent on continuing visa requirement'.

I have got my Tier 2 Visa already and in 3 years time I would have done my 10 yrs to can apply for the ILR.

I want some sort of security and I have been promised. I have an email and a letter from the HR conforming this. It just that I was not sent the contract so I enquired.

I have already sent an email to the HR director.

Do I have a case?

Thank you

[manci]

you cannot expect, and no employer will offer, anything better or more secure than a permanent contract conditional upon meeting immigration requirements.

You must have (and sign) a copy of your employment contract.

[JS28]

you cannot expect, and no employer will offer, anything better or more secure than a permanent contract conditional upon meeting immigration requirements.

You must have (and sign) a copy of your employment contract.

Hi Manci,

Thank you for your response. That is what I want; a permanent contract with a condition. But they are refusing that they offered me that and they want to keep me on fixed-term contract. The agreement was they will offer me a permanent contract but I have to get a tier 2 visa and if not I leave the company. This makes sense.

Can you please guide me as they are saying that it is against the UK law to offer a migrant anything than a fixed-term contract. The HR is using a non-existent law against me.

Thank you.

[JS28]

can anyone please guide me..I have a meeting with the Union rep tom. and I will need to take some sort of evidence that It is indeed legal to offer a permanent post on the condition of meeting the visa requirement.

Thank you

[JS28]

you cannot expect, and no employer will offer, anything better or more secure than a permanent contract conditional upon meeting immigration requirements.

You must have (and sign) a copy of your employment contract.

Hi Manci,

can you please help me?

Thank you

[manci]

You are in an employment dispute with the employer, it is not an immigration matter.. They may have promised you something, and you say that they have gone back on their promise, but you cannot force them to do something that they don't want to do. Ask the trade union rep for advice.

It is difficult to prove a negative. You may ask HR what law they have been referring to but I doubt if this would help.

[JS28]

You are in an employment dispute with the employer, it is not an immigration matter.. They may have promised you something, and you say that they have gone back on their promise, but you cannot force them to do something that they don't want to do. Ask the trade union rep for advice.

It is difficult to prove a negative. You may ask HR what law they have been referring to but I doubt if this would help.

I have an appointment tom. But do u know tier 2 migrants who have permanent jobs?

[JS28]

Hi All,

I think I have upset HR director and he is the level 1 user for the SMS.

I dont't know what to do coz I don't want him messing up with the system, which can cause revocation of the licence.

please help?