HSMP Visa Issue Regarding Employment

I extended an offer of permanent employment to the best suited candidate.  He is currently in the UK on an HSMP visa, which is due to be renewed in 2011.  I took all of his information down to HR and they told me that the offer letter has to change.

They said that since he is on HSMP, the position could not be permanent, but, rather a contract that is good only until the day before his visa expires.  They stressed that should his visa be renewed, the contract will be extended.  They also stressed that this is really a permanent offer, but, must be worded this way due to law.  They also said that it is required for all visa holders.  I am here on a spousal visa and I do not have an expiry date on my contract.

Is this correct?  I would like this person to come work for me and to make sure that HR is actually reading the law correctly.  I don't want him to feel that, once he gets the offer letter, we lied to him.  I did contact the recruiter to let him know.  The recruiter was just as shocked.  He places people on HSMP all the time and this is the first he had heard of it.  I did about an hour of internet searching and came up empty-handed.   

Advice, please.  Thanks in advance!

No, this is crap.  He can be offerred a permanent position, but you may wish (to cover your back) to make clear to him in writing that the position will be terminated if he does not manage to extend his visa when the time comes.

A lot of HSMP holders are suffering because people don't know the rules on this, and I think it is good that your company are doing what they can to help these guys.  I know plenty of HR departments who are refusing to give permanent jobs to HSMP holders because they think they are not allowed to.

Vicky

Nope. I'm on HSMP and have no such fine prints on my contract. It's a permanent position - no more, no less.

Brilliant, Vicky!  Thanks! 

I just spoke to HR and they really didn't like what I had to say.  I told her the reasoning and she seemed angry that I dared to step over my boundaries into the HR world, but, I don't care.  I also asked to see the offer letters before they were posted so I can make sure that the correct information is included.

Hopefully, HR will keep this in mind for the future.  I want this gentleman to come work for me and I refuse to let an ill educated HR department screw that up!

I don't have any advice, but good luck with fighting with HR Dar! I know your field is difficult to find qualified and experienced people so, its probably worth the hassle with HR!

I don't have any advice, but good luck with fighting with HR Dar! I know your field is difficult to find qualified and experienced people so, its probably worth the hassle with HR!

Yup, you are right! 

and


I WON!  Ha!  Take that you silly, HR!   They agreed to make the changes.  I just wonder if those changes will be there once they forward the offer letters to me.  At least my manager is willing to back me up!

I WON!  Ha!  Take that you silly, HR!   They agreed to make the changes.  I just wonder if those changes will be there once they forward the offer letters to me.  At least my manager is willing to back me up!

YAY!!! 

We are spending a lot of good money on rolling out the PBS.  If the gov't is acting on the one hand to create economic migration (which they are supposed to do), and on the other hand they are creating waves of paranoia and hysteria making companies afraid to use the economic migration, then it all boils down to the conclusion that they are stepping on their own dicks  

Dar, if the company has that policy, it could play MASSIVELY into the hands of your applicant because it's proof positive to HMRC that he is outside of IR35.  That means he can contract and take his salary in the form of dividends which are taxed at 20% and no NIC.  He might be better off on a contract if he has solid proof he's outside of IR35  

We are spending a lot of good money on rolling out the PBS.  If the gov't is acting on the one hand to create economic migration (which they are supposed to do), and on the other hand they are creating waves of paranoia and hysteria making companies afraid to use the economic migration, then it all boils down to the conclusion that they are stepping on their own dicks  

Dar, if the company has that policy, it could play MASSIVELY into the hands of your applicant because it's proof positive to HMRC that he is outside of IR35.  That means he can contract and take his salary in the form of dividends which are taxed at 20% and no NIC.  He might be better off on a contract if he has solid proof he's outside of IR35  

Ahhh, good point.  Well, if he wants a contract, I am not opposed to it.  However, I think he wishes to have a permanent position since he intends to get citizenship as soon as he is able.  But, I can put that out there to him when I speak to him later today.  Thanks!

Ahhh, good point.  Well, if he wants a contract, I am not opposed to it.  However, I think he wishes to have a permanent position since he intends to get citizenship as soon as he is able.  But, I can put that out there to him when I speak to him later today.  Thanks!

Being an employee or a consultant doesn't matter down the road for citizenship as long as he has enough points to extend the HSMP/Tier 1 (General). However my interpretation of Garry's response was that he was being sarcastic, but I could be wrong.

No, it's real.  Very real.....

http://www.hmrc.gov.uk/ir35/

No, it's real.  Very real.....

http://www.hmrc.gov.uk/ir35/

I stand corrected 

How do I make an employer convince that I am eligible to take a permanent job with HSMP Visa? Is there any link or article I can refer to convince the employer?

Thanks,

Arshji

It's all on the UKBA website.

Vicky

That site just doesn't cover every type of visa. It only provides examples.

Vicky