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Online advisor - 165 posts
No Ian it does not. Once they have worked 12 months of their 2 year visa you cannot contunue to employ them. Also that 12 months is for all employment not just the employment with you
Member - 1 post
Does the same apply for non EU nationals on a 2 year (1 year working) visa. ie we are applying for a skills based visa but his one year is due to run out shortly?
Online advisor - 165 posts
If the employee has re applied prior to the expiry date (and can prove that) - then the HO will allow the employer to continue the employment until a decision is made. However if the application has been made after the permit expired then the employer cannot continue to employ.
Member - 5 posts
An employee's right to work in the UK has expired and he is pursuing an application for this to be extended. We have received a letter from the adviser who are helping him explaining that this application is being made and saying that the process may take several months.
May we continue to employ him whilst his application is being considered or should we terminate his employment to avoid being charged with employing an illegal worker?
Melanie Groves
HR@Work