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Solicitor4All
Solicitor4All, Solicitor
Category: Employment Law
Satisfied Customers: 7803
Experience:  Director and Principal Solicitor. UK
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If I am currently employed and wish to undertake a 1 year

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If I am currently employed and wish to undertake a 1 year masters degree but I am on a Tier 2 visa and cannot take a 1 year study leave, is there any possibility that I can retain my job while studying(on a Tier 4 Visa). I.e get a form of unpaid leave/deferred contract etc? bot***** *****ne is that Iwant to return to my employer after graduation and wants some form of job security. I would be studying a Master in Finance in London

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.

Customer: replied 9 days ago.
Great
Customer: replied 9 days ago.
Im doing good many thanks
Customer: replied 9 days ago.
Just want to understand from an employment law perspective how can you guarantee someone’s job after graduation? Given that I would be on Tier 4 visa?
Customer: replied 9 days ago.
the equivalent of an unpaid leave to someone who doesnt have visa issues?
Customer: replied 9 days ago.
Since I am on Tier 2 visa, I cannot take unpaid leave
Customer: replied 9 days ago.
Hi
Customer: replied 9 days ago.

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.

Customer: replied 9 days ago.
Many thanks

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

Customer: replied 9 days ago.
thanks for your response
Customer: replied 9 days ago.
What is a PSW?
Customer: replied 9 days ago.
Is it possible to get something in writing that I would like to return and have my post available?

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.

Customer: replied 9 days ago.
Ok and if my employer agrees to partially sponsor me, would that be an option as well? That I would be able to have it in writing that I would have a job after graduation?
Customer: replied 9 days ago.
This sounds like an option what u mentioned but realistically why would an employer do that?

There is no partial sponsorship

Customer: replied 9 days ago.
A leave would be different as I would not have to resign
Customer: replied 9 days ago.
Not of visa of my studies
Customer: replied 9 days ago.
Then would be less work for the team
Customer: replied 9 days ago.
Bot***** *****ne, is there any option under which I could remain employed/not have to resign?
Customer: replied 9 days ago.
Or have some form of job guatantee?
Customer: replied 9 days ago.
An unpaid leave seems impossible
Customer: replied 9 days ago.
But what aby the part time option?

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.

Customer: replied 9 days ago.
Does that mean that only my contract changes for 1 year then goes back to normal afterwards?

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.

Customer: replied 9 days ago.
is ur option a deferred contract or just a written agreement that I can come back after graduation?
Customer: replied 9 days ago.
but mu annual salary is over 70k
Customer: replied 9 days ago.
But I meant working part time on a Tier 4 visa

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.

Customer: replied 9 days ago.
I know my visa rights
Customer: replied 9 days ago.
Im speaking purely fm an employment perspective taking my visa into consideration
Customer: replied 9 days ago.
What do u mean by no hr will agree to keep me on the books?

Well, I though you were asking for clarification or guidance. If you know that is perfect. All the best

Customer: replied 9 days ago.
If i wasnt on tier 2 visa I would have gotten the leave without pay

Ok

Customer: replied 9 days ago.
I was asking in terms of options
Customer: replied 9 days ago.
To retain my job
Customer: replied 9 days ago.
have job security
Customer: replied 9 days ago.
Given that I am not allowed a year of unpaid leave under my current visa
Customer: replied 9 days ago.
I didnt get ur first point
Customer: replied 9 days ago.
On the continuity rights

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

Customer: replied 9 days ago.
But i already worked for them for 4 years?
Customer: replied 9 days ago.
I could take disputes regardless?
Customer: replied 9 days ago.
I was wondering fm a employment perspective, if looks like my only option is to resign but then ask to have a new contract issued?
Customer: replied 9 days ago.
A deferred contract?

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;

Customer: replied 9 days ago.
Is that possible and is that the same as them giving written agreement that I would still have a job at graduation?

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.

Customer: replied 9 days ago.
I dont really care abt the ilr that much because I studied in the uk before and did 7 years already
Customer: replied 9 days ago.
That is not an option. My course would not allow so many hours of work
Customer: replied 9 days ago.
my bad should have clarified

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

Customer: replied 9 days ago.
Im sorry that was not my intention at all. I was very clear on my questions
Customer: replied 9 days ago.
I am just not getting them answered
Customer: replied 9 days ago.
I asked for 1.options 2. Is a deferred contract possible
Customer: replied 9 days ago.
3. How can I work out a writyen agreement that I can get a job out of employment
Customer: replied 9 days ago.
I asked these questions three times
Customer: replied 9 days ago.
as much as I know didnt get any answers
Customer: replied 9 days ago.
Literally there are question marks everywhere

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.

Customer: replied 9 days ago.
Thanks for the time well spent
Customer: replied 9 days ago.
U just dont answer questions….
Customer: replied 9 days ago.
Asked

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.

Solicitor4All and other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
Ok thanks it is much more clear now. Noted
Customer: replied 9 days ago.
appreciated

Cheers