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View Full Version : Is permanent job with an umbrella company while on teir 4 (student visa) illegal?



Infoseeker
22nd September 2011, 17:33
-I have a contract (not permanent) job with an end client
-I am getting my payroll done through an umbrella company
-The contract with the umbrella company mentions I am a full time permanent employee with the umbrella company
- Right now I am on a student visa, but I will not start working until my term time is over.
- The relevant rules of the student visa are:
"Tier 4 visa holders are only permitted to undertake limited work in the United Kingdom. Holders are not allowed to secure permanent employment.
Tier 4 migrants can work Full Time outside of term time. Students should provide a letter to the Employer on University / College Letterhead confirming term times "
I can only change my student visa status in Nov 2011. Until then, is it illegal to be permanently employed with an umbrella company even if my job with the end client is not permanent?

Steven@Parasol
23rd September 2011, 08:28
The contract you have with your umbrella company is breaching the conditions of your visa so you need to contact them straight away.

The umbrella company should have picked up on this when they checked your id and your eligibility to work in the UK.

Talk to your umbrella and see what they recomend but I would suggest that if you found the job via an agency you might be able to be payed via the agencvies own PAYE payroll.

Infoseeker
23rd September 2011, 10:42
The contract you have with your umbrella company is breaching the conditions of your visa so you need to contact them straight away.

The umbrella company should have picked up on this when they checked your id and your eligibility to work in the UK.

Talk to your umbrella and see what they recomend but I would suggest that if you found the job via an agency you might be able to be payed via the agencvies own PAYE payroll.

Hi Steven, I am actually with your company at the moment. I have tried talking to a number of different people on the subject but I’ve been getting conflicting replies.
Most of them seem to say that it is OK to be a permanent employee when the visa clearly states otherwise. I was wondering if you could help me more in this matter and if you could get in touch with you some way?
I really appreciate your help and thank you for the reply!

Steven@Parasol
23rd September 2011, 12:16
Hi Steven, I am actually with your company at the moment. I have tried talking to a number of different people on the subject but I’ve been getting conflicting replies.
Most of them seem to say that it is OK to be a permanent employee when the visa clearly states otherwise. I was wondering if you could help me more in this matter and if you could get in touch with you some way?
I really appreciate your help and thank you for the reply!

Ok I've done a bit of digging around on this and the OP and I have had a chat. We've also been in touch with the home office.

The key thing in this situation is that the OP is working part time (20 hrs). So even though the contract is for permenant employment, it is only a part time position. The OP's visa allows for part time work and full time during periods when he is not studying.

So even though he has a permenant contract with us it is for part time work and this is allowable as per the conditions of of the student visa.

Sorry for confusing things earlier!

Steven