Undercut by Tier 4 (dependent) on a Visa - but is it legal??? Urgenty welcome advice

[pauly]

Went for an interview with great Clientco for genuinely long contract prospect through an Agency.

Everything went well at interviews and then found out that I did not get the gig - was quite surprised.

Later the Agent accidently sent a message for the other candidate to me by mistake.

Appears that the other candidate is on a Tier 4 (dependent) Visa as their partner is studying (allegedly).

They are going to be cheaper and the Agent has pocketed a lot more from advocating them instead.


My questions:

- Can a Tier 4 (dependent) Visa holder get contract work in the UK?

- Is this legal and are there any downsides/risks to the Clientco that the Agency is hiding from them?


I was surprised to learn that even if a student course finishes in August/Sept - the Gov gives people a further 4m to leave the country - and I guess this means the Tier 4 student dependents can work legally until that period ends?

Welcome your response ASAP please.

[Fred Bloggs]

It seems that Tier 4 visa holders generally cannot work full time. So, why would their relatives be able to, I wonder?

From the web -

Tier 4 (General) Student visa For students aged 18 or over who have been offered a place on a course at a UK educational institution. Courses of study covered by this visa include degree level courses, and level 3 courses such as A levels. While studying, some students are allowed to work for up to 20 hours per week during term time and full-time during the holidays. Changes to UK immigration rules in 2015 mean that students at further education colleges on this type of visa may no longer work while they study.

[adubya]

From a LSE QnA webpage ( Your Family's Immigration Options - Visa information for current students - Visas and immigration - Students - Staff and students - Home )

Can my dependants work in the UK?

Yes, if you are coming to study on a full time postgraduate degree programme at LSE for longer than 12 months your dependants are able to work. Details of the type of work they are able to do can be found on the UKCISA web site.

[SlipTheJab]

Undercut by Tier 4 (dependent) on a Visa - but is it legal??? Urgenty welcome...

Question is who did the client initially select as their preferred candidate you or The applicant? if you were preferred and the agent made up some porkies to get The applicant in perhaps a friendly email/linked-in message to the hiring manager would be in order...

[stek]

Well it's all perfectly legal and above board, same applies to (almost) any dependant visa.

How do you know the dependent is cheaper than you? Might be better than you?

And why do you suggest the T4 visa holder is 'allegedly' studying? Sour grapes?

One thing the agent might be bitten by is dependant visas and rights thereon depend on the main visa holder, so if curtailed or the client looks to extend beyond the main visa end date, may cost him.

But if I were you, I'd leave it and put it down to failed pitch, lost out to a better rival....

[pauly]

Question is who did the client initially select as their preferred candidate you or The applicant? if you were preferred and the agent made up some porkies to get The applicant in perhaps a friendly email/linked-in message to the hiring manager would be in order...

Good question. And hard to tell conclusively. I can guess from the ambiguous and hesitant feedback post interview that the Agent probably swayed the Clientco to go with the other person - they can say whatever they want and reaching out may not make a difference now. It is frustrating if Clientco's don't get that hiring agencies with an all-in-rate - will only get them a high-agent-profit-margin candidate.

[pauly]

From a LSE QnA webpage ( Your Family's Immigration Options - Visa information for current students - Visas and immigration - Students - Staff and students - Home )

Yes, a quick google shows that most universities advertise exactly this. Come here and do a course, and your family will get work authorised in the UK. Makes you wonder if the incentive is the course - or being able to get work in the UK.

Its complex but from what I can see here:


"5.You can be the family member of a Tier 4 (General) applicant where they are applying for, or have been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student if:

(i) the Tier 4 (General) applicant is a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months; or
(ii) the Tier 4 (General) applicant is:
a) applying for, or has been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level for 12 months or longer;
and
b) is sponsored by a sponsor who is a Recognised Body or a body in receipt of funding as a higher education institution from either:
I. the Department for Employment and Learning in Northern Ireland;
II. the Higher Education Funding Council for England;
III. the Higher Education Funding Council for Wales; or
IV. the Scottish Funding Council"



Basically, if you are doing less than 12m you don't get dependents work authorisation, if doing more than 12m you do.

The course that the partner is doing in this case seems to be from Sept to Sept (less a day). I wonder therefore if the dependent work authorisation is correct? - or if the university is deliberately making it 12m on the dot so they can attract the foreign students due to dependents being able to work?

Also can Clientco get into trouble if something is not right?

Or is the Umbrella company or Agency that is doing the hiring and therefore the Clientco is arm length from it and does not have to care?

[SueEllen]

Give it up.

[Fred Bloggs]

I'm amazed, that leaves a Tier 4 visa WAY open to abuse.

[SueEllen]

I'm amazed, that leaves a Tier 4 visa WAY open to abuse.

How much do you think non-EU fees are at a main stream e.g. traditional university are?

So while it's open to abuse most students don't have a spouse who has skills that put them in the top 10% let alone 5% of UK earners which covers their university fees AND family living costs.