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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Ebrima has been in this country for 7 years. On arrival he

Customer Question

Ebrima has been in this country for 7 years. On arrival he enrolled as a student and was allowed work, so he has a national insurance number, paid tax and all revelant payments we make whilst earning. His college closed down and he found another in Stratford where he has been doing an HNC in business studies, but the problem is that when he was awarded his new Visa as a tier 4 student all his rights to earn his own living was taken off his visa.so for nearly 2 years he has been living off me and little bits of work he can get....my question is, can he apply for a work visa this time he applies for a visa or doesnt the government want him to earn his own living because its not as though he wants any benefits, he simply wants and needs to work to pay his rent and school fees. My name is ***** ***** Ebrima and i married his traditional way from Gambia. I give him so much finantial help and will continue helping as much as possible, But i have an English husband who is terminally ill and i care for him around the clock whilst visiting Ebrima every 2 weeks. I wont divorce my English husband because i have been married 40 years and i need to care for him. But i want to marry Ebrima in England  when the time is right. I do everything i can to finantially help and to tell you the truth i cannot believe my country has taken away Ebrimas right to work here, when he needs to earn a living not only to live and pay rent for a room but to pay school fees. He is from Gambia and his mum cant be expected to help, she isnt in a position to do this, so please help us and explain if he can actually by any means get a working visa or work permit just to survive....thank you

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What course is he studying at the moment?
Where is he studying the course?
Are there companies in the UK willing to employ him?
Kind regards
Customer: replied 2 years ago.

hello,yes the company he has always worked for isd zero hours conract and he has worked for them for 6 years but cannot renew his SIA licence for security due to the new immigration laws. his course at college is t stratford in London business college where he is completing an HND and hoping to carry on to another course to complete a degree

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. I apologise for the delay in reverting back to you.
If the applicant ie Ebrima's Sponsor’s are not a UK higher education institution, an overseas higher education institution sponsoring a study abroad student, or a publicly funded further education college, he would not be allowed to work in the UK at all regardless of the level of education he was receiving, so even if he was undertaking a masters course he would still not be given the right to work due to the dynamics of the institution.
If he was undertaking a course at a recognised body or a body in receipt of public funding as a UK higher education institution, then if he was undertaking a course lower than a degree level he would be allowed to work 10 hours per week and if he was on a course at a degree level he would be allowed to work 20 hours per week.
The fact that that he may have been allowed to work on his previous visa but now due to the change of rules it all dependents on the institution he is studying at whether he is given permission to work or not.
Although there is nothing preventing him from simply applying for a Tier 2 visa which is a work visa allowing him to work full time,
1. He must firstly find an employment which is at a degree level or above, which means a job title that a person would require a degree to do, so he cant work as a security guard or a waiter because you do not need a degree to undertake these positions.
2. The employer must have a licence issued by the home office allowing them to employ migrants from outside the UK and Europe.
3. The Employer must pay him the correct salary.
If he is able to find such an employment then he can applying for a tier 2 visa using the following link:
https://www.gov.uk/tier-2-general/apply
If however, he wishes to continue to study with the option of being allowed to work 20 hours then he must enroll at a university and leave his current college. If he does this, then as mentioned he will be given either 10 or 20 hours permission to work, depending on the level of course he is studying.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so kindly provide a rating so i can get credited for my time.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.

Is there anything else I can assist you with? If not kindly provide a rating.

Kind regards

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