Employment Lawyers Can Answer Your Employment Law Questions
A very good evening to you there, how do you do?
My name is Solicitor4All a law expert with over 15years practice. I will be helping you this evening. Thank you for the inquiry.
Thank you for your update, i intend to assist with a quick response.
Please leave the inquiry with me and i will prepare a response for you here this evening Thank you.
Thank you for your patience. There is no way of suspending your visa or holding 2 concurrent visas. Your option is to switch to the Tier 4 and speak to your HR to say that when you complete your studies you would like to return and hope the post will be available. you could then apply for the PSW which allows you to work for them or any other employer. They will not need to sponsor you if you have the PSW.
Any follow up please do not hesitate to send your message and I am more than happy to assist further. All the best
Post study work permit ( now the graduate visa). You could request in writing so that you get a response in writing and then rely on that when you look to return.
There is no partial sponsorship
You could be a very good employee and employers do pay good money to retain good employees and if you are going to study in the field of your work and your job can be covered temporarily by another they are not barred from promising you your job when you return. This however is a vies based on commercial sense and no longer legal advice. Legally they can enter into any contract they wish and that can include keeping the role for you if you are valuable to them.
They must pay you the salary for your job code and therefore rarely will you find skilled worker visa holders on part time jobs because even at half the time they still need to pay you the right level of income for your COS.
It depends on what they agree. There is the principle of continuity of employment contract and no HR will agree to keep you on their books until you actually return as that gives your continuity rights. You ought to negotiate what you want them to offer you and they have the free will to either agree or not. All I can say from immigration point of view is that you cannot be on the skilled worker visa as well as study visa. If you choose to study for a year for a masters that will no doubt be a full time degree and as such the tier 4 visa will be required. When you complete your studies if they still want you they will issue you a new COS and you apply for the Skilled worker visa again through them or you apply for the PSW and work anywhere you wish.
You can only work up to 20 hours on Tier 4 and if they want you for 20 hours then that is not a problem they could do that.
Well, I though you were asking for clarification or guidance. If you know that is perfect. All the best
Sir/Maam if you are going to have a tier 4 visa to study, you will not have any rights under a work permit, it is terminated when you get issued with the Tier 4. You would then work the 20 hours allowed under tier 4 visa for this same employer if they would like you to continue on part time hours. If their business cannot support having you on part time then they will not allow you to continue working. If they agree to give you the 20 hours contract - thereby changing just the working hours and holiday entitlement elements of your contract you will have continuity of employment and after 2 years as their employee you could take disputes to the employment tribunal.
I hope that clarifies your situation. All the best
That is information you volunteer and not expect me to just know. So you are well within your rights for ET should you wish. One would think if you are looking to settle in the UK having worked for them for 4 years you would do the extra year and settle and then study;
I did not say resign. From an employment point of view you ask for your hours to be reviewed to part time hours and you work 20 hours for the year.
Ok, I am not sure you are clear on what you actually want please do seek a second opinion as my advice can only be as clear as the question and there is some defensiveness in your questions and it is not easy to advise where you clearly are engaging for the sake of it but you know what you are planning to do.
Good night and all the nest
No problem, I may not have understood you but there will be another expert that may just get what you are asking straight away hence my suggestion.
You ask questions though and you answer them too and you ask another before you have not read my response, it is not proportionate.
1. I gave you options - and you have said due to your course you cannot do the work and study option. So you resign and ask for confirmation in writing they will have you back and they may if they want you back
2. You can defer a contract at the start of a contract of employment not 4 years on. You are stopping for longer than 28 days so there is no legal obligation to promise you that you will come back after a year. But if you have a good relationship with your employer they will accept your resignation and they will take you back on at the end. You start a new continuous period of employment on returning.
Your question 3 "How can I work out a writyen agreement that I can get a job out of employment", when you re-read that you will understand why it is not clear what you are asking. Assuming what I understand from the many questions above you sit with your line manager (if you aren't the manager) and HR and you explain to them the importance of what you are embarking on and what it will add to their business and that you intend to return on completion and you ask for written confirmation that they will have you. They are free to agree or refuse, there is no way of guaranteeing they will agree. If they see value in your work they will agree.
You are welcome and your comments are noted and indeed appreciated. All feedback is welcome good and bad. I really wish you the best in your negotiation with the employer but sometimes it is best to get a representative to do the negotiation for you.