Want To Take Up Part-Time Work On My Work Permit

[Ramit]

I have a full time IT job and it is all going very well. My work permit runs out in 2010 from where I can apply for ILR.
My problem is I want to take up some part-time work as my employer does not pay me too much. I know the rules that apply for part time work on work permit... but are they really so strict on it?? I want to work part time for something like 2 months in a call centre. If I do work part time for these 2 months will this affect when I apply for my ILR in 2010? What are the implications??

[hsmporwp]

please read below...

139. A person who has a work permit and wishes to
take work additional to that for which the permit was
issued may do so without further permission from
this department provided the work:
• is outside of their normal working hours;
• is no more than 20 hours per week;
• is in the same profession and at the same
professional level for which the holder’s
work permit was issued; and
• is not employed by a recruitment agency,
employment agency or similar business to
provide personnel to a client (see
paragraph 75).

[Ramit]

Thank you for the reply. I do know the rules that are applied on part time work when a person is on a work permit.
The part time job I want to take up is not compliant with their rules but does that matter? Are they very strict? If I do this part time job will this affect my ILR application when I apply in 2010? Is there any way they can find out?

[VictoriaS]

Of course it matters! If they find out they may well refuse you, and when you apply for ILR you will have to give your NI number, and we do not know now how strict they will be.

Victoria

[Ramit]

Thank you so much for the information.. that just means till 2010 I shall just have to try to survive on my measly wage...
My IT job is so specialised that it is next to impossible to get a part time job in it. And my employer does not pay me too much because he knows how desperate I am for a job.
Is there any way around this?

[VictoriaS]

Look for a new job?

I hope the employer isn't paying you less than the amount stated on the work permit.

Victoria

[Ramit]

He is paying me the amount stated on my work permit.
My company is very small and there is no hope for any raise. I cannot even look for other jobs as one.. I will have to give my boss as my reference and if he finds out he will not be happy... two.. it is tooo hard to take time off at my work place if I needed to go for an interview.. three.. the position I got the work permit on is very specialised and there are hardly any jobs in this category... my job title is of a "transport development analyst" in the petroleum and distribution industry but I am more towards the IT end of things and hardly anything to do with transport development! The job title should have been more like "Transport Software Developer" if you know what I mean!

[VictoriaS]

Have you thought of looking at transport companies, Tfl, rail companies etc to see if they have vacancies?

Many UK employers will be understanding about not informing your current employers about an intention to leave. Application forms will usually ask for permission to contact current employers, and you can say no.

Victoria

[Ramit]

Yes I have tried looking for jobs with other transport and logistic companies but do not match the skill set needed. I specialise in a software that is more or less obsolete now. That is why out of desperation was thinking of part time work.
Can I take up evening courses or maybe a part time degree on my work permit?? Because in that way I can build up my skill set and then apply for the right jobs. Does home office have restrictions on studying too on work permits?

[VictoriaS]

Hmmm. I see the problem.

You can do part time studies on the work permit, that sounds like a great idea.

Victoria

[hsmporwp]

Yes I have tried looking for jobs with other transport and logistic companies but do not match the skill set needed. I specialise in a software that is more or less obsolete now. That is why out of desperation was thinking of part time work.
Can I take up evening courses or maybe a part time degree on my work permit?? Because in that way I can build up my skill set and then apply for the right jobs. Does home office have restrictions on studying too on work permits?

please note that even though you may go for part time studies you will be considered as overseas and will have to pay hefty fees until you get ILR.

So think twice...

[Ramit]

Fees as an overseas!!!! I cannot afford to pay that too.. so that idea goes down the well.... Someone please help... what should I do!!!!!

[VictoriaS]

I am not sure that colleges usually have differential fees for part time course. You may want to check before you panic.

Victoria

[sakura]

Fees as an overseas!!!! I cannot afford to pay that too.. so that idea goes down the well.... Someone please help... what should I do!!!!!

What were you planning on studying?

[mads]

Ramit, how long have you been in the UK? You would be classed as international unless you havebeen here for 3 years prior to the start of the course.

[sakura]

Ramit, how long have you been in the UK? You would be classed as international unless you havebeen here for 3 years prior to the start of the course.

It is not as straightforward as that. He would also need to have ILR/PR, not just three years' residency.

[hsmporwp]

Sakura is right. 3 year - home student rule has been changed. They now require ILR to consider you as home student. In addition you will see that many unversities have different bands (as overseas) in part time studies as well.

[Ramit]

But are they really so strict about the rules on part time jobs? I mean international students are only allowed to work 20 hours a week except on vacation but everyone still does.. and some of them work full time for years and years. If I work part time (not on the post stated on my work permit) this year for some time only will that really have effect on my ILR long term? I will be able to apply for it in 2010.

[VictoriaS]

They are getting stricter. This is why they now aks for NI numbers on applications.

Might not be worth the risk. Imagine how gutted you would be if the application for ILR was refused because of an illegal part time job?

Victoria

[Ramit]

Yes, Victoria, you do have a point... it is definetly not worth risking my ILR for. If they take NI no. then there is no way I can get away with it. Thank you for your advice!

[ms_singh]

Hi Victoria,

I need an expert opinion on work permit salary. I have a UK work permit valid for 5 yrs and the salary mentioned is 40K pnds as per the current offer.However my employment contract states salary revision within 6 months of joining and further down the line in 5 years lots of other upgrades are envisaged like promotions and salary hike.

Suppose the employer refuses salary revision and sticks to the same current salary,what recourse do I have.Please note that the base salary mentioned in the work permit is the current salary offered and doesnt mention anything about salary hike and others.

Also further down the line,say after 1 year this issue crops up, I really cant leave the company as I need to repay the relocation cost.In effect I am tied up with the company for 3 years through the relocation scheme.

Kindly enlighten on my options as an employee even though my company is a reputed company in UK.

[VictoriaS]

This is an employment law matter, not an immigration law matter, so I am afraid I am not qualified to advise.

Victoria

[avjones]

I agree, it's an employment law question - quite a different area of law, I'm afraid.

[vin123]

I need an expert opinion on work permit salary. I have a UK work permit valid for 5 yrs and the salary mentioned is 40K pnds as per the current offer.However my employment contract states salary revision within 6 months of joining and further down the line in 5 years lots of other upgrades are envisaged like promotions and salary hike.

This is not expert opinion;
If you read any employment contract - that won't be much different from yours and most likely, the clauses of salary revision will be of protective nature for the employer. Mainly because, no body knows how the future is going to look like so most employment contracts drafted are similar using the same literature that you read on your employment papers.

Suppose the employer refuses salary revision and sticks to the same current salary,what recourse do I have.Please note that the base salary mentioned in the work permit is the current salary offered and doesnt mention anything about salary hike and others.

I guess "suppose", is a very negative term used in context.
Most reputed employers will only refuse salary hike or bonuses based on your performance reviews. They will have a reason in writing; they do not just baseline it on contractual clauses on employment.

Also, further down the line, say after 1 year this issue crops up, I really cant leave the company as I need to repay the relocation cost.In effect I am tied up with the company for 3 years through the relocation scheme.

Kindly enlighten on my options as an employee even though my company is a reputed company in UK.

Again, you are talking about probabilities of uncertainity.
Personally, I don't think you need to consider any of your entitlement as an employee at this point in time.
Most of the employment contracts come with a notice and in your case it is two years because your company is bearing lot of cost on their shoulders for your relocation, so it is fair enough as far as I see it, no surprises or any foulplay in it.
If you do not like it, of course you always have the option of not to take up the relocation offer.

[Sam123]

Hi Victoria and Board

How often do they check NI contribution when someone applies for ILR? Is it manadatory to send all P45/P60 forms along with application?
Can they spot check with IND Revenue to check how much NI contribution paid by someone during his/her all different jobs?

I lost my couple of P45 and P60, and if I get my application rejected on this basis what future holds for me?

Thanks
Sam123