Immigrationboards.com - Archive

Archive » United Kingdom » In country WP application from new employer.

Author	Post
murphy Junior Member Member # 168	Posted July 09, 2002 12:10 AM I need some help from some experts. Thanks in advance for any help. I am working for a company in UK and I have found a new employment and my new employer had made an application for my Workpermit, here is the response what they got from Work Permits (UK). Thank you for your client's application to employ “xxx yyy” who is currently in the United Kingdom. We have considered the application against the work permit criteria and are able to approve this employment for 24 months. We will now consider whether Mr YYY's leave to remain can be extended and notify you of the decision in writing. My Questions: 1. Is this work permit? 2. Does this mean I can start working for this company?
User Member Member # 3726	Posted July 09, 2002 12:26 AM Hi, These are my answers - 1. Yes. 2. Yes. You can start working for this new company from the date you recd. the Work permit as above (the document you quoted in your post). Leave to Remain is just the phase 2 formality of the Whole Work permit process... you don't have to wait for that approval to start your work with your new employer. "Leave to Remain" approval (in country applications) takes currently atleast 10+ weeks [2+ months]) unfortunately. regards.
jol Junior Member Member # 4252	Posted July 09, 2002 06:31 AM Is there any way of speeding up the "Leave to remain" approval ie leave the country and get your passport stamped on return or go to one of the offices and get the stamp? I am asking as my wife is in the process of getting a work permit (in-country) and does not want to wait that long for the leave to remain stamp(she has not submitted her passport with the application)
Deleted Member Member # 128	Posted July 09, 2002 09:59 AM For in-country applications, WPUK will generally ask for the passport to be handed over even if not submitted initially. See http://www.workpermits.gov.uk/default.asp?PageId=1711
marka Member Member # 1907	Posted July 09, 2002 11:05 AM So is this the letter one can use to get a new stamp at heathrow? Cheers, Mark
Advisor Junior Member Member # 4299	Posted July 09, 2002 12:02 PM User , I do not agree that one can start employment after first approval is recieved. Its clearly mentioned in IND pages that 'Employee is not allowed to start work unless a final decision is made and sent in written to employers' In other words , both initial approval and 'Leave to remain' approval is required to start the employment. Pl. comment.
User Member Member # 3726	Posted July 09, 2002 12:14 PM Hi Advisor, I stick with my earlier comment that one can defenitely start working soon after getting the Work permit approval (in country applications, I mean) and he/she does not have to wait to start work until he/she receives the "Leave to Remain". Also, if you think about it, these days it takes atleast 2+ months (atleast 10+ weeks) to get the "Leave to remain" approval done. One just cannot be whiling away time doing nothing for 2+ months just because he/she did not get his "Leave to remain" approval. Think about it. Hector,Sanwar - Any comments? [ July 09, 2002: Message edited by: User ]
Deleted Member Member # 128	Posted July 09, 2002 12:29 PM Technically, leave to remain must be granted before you’re allowed to start working. It is the equivalent of having prior entry clearance before coming to the UK. [ July 09, 2002: Message edited by: Héctor ]
User Member Member # 3726	Posted July 09, 2002 12:42 PM Hi, I wonder what one could do while he is waiting for Leave to Remain approval... especially if it takes about 2-3 months (as it does these days). Anyway, the point Hector has, makes real sense. Its almost like Entry clearance. In that sense, it seems it would be Illegal to work before getting one's Leave to remain Approval. Beware Guys! regards.
Advisor Junior Member Member # 4299	Posted July 09, 2002 12:51 PM In this scenario , Hope Employer will agree to take employee on board. First approval letter do mention about second approval , i dont know how Employers gona react to it.
User Member Member # 3726	Posted July 09, 2002 01:00 PM No employer would take a new employee on board if they have to wait for 2-3 months before the new employee starts working... if we go by this rule of waiting for "Leave to Remain" approval. Forget changing jobs... unless one has mentioned this fact of 2-3 months wait after WP approval to start work, to his employers. Mission Impossible - I guess. Good luck to all WP holders changing jobs. regards.
Advisor Junior Member Member # 4299	Posted July 09, 2002 01:29 PM Ok , tell me what happens if your are refused to remain. I was reading a post couple of days back , someone with the case of asylum applied five years back where by he finished his degree here and now got the job , employers applied for work permit , got first approval , now waiting for stamping and asking whats gona happen etc. This is the case where his 2nd approval gona be debatable. I understand what you saying here , the question here is not whether people will find the employer due to 2-3 moths delay (ideally it is gurranteed only 2 weeks) , question is what are the rules.
User Member Member # 3726	Posted July 09, 2002 01:46 PM If one is refused the "Leave to remain" - then he/she will have to Leave the Country - maybe within 28 days of such refusal. [May be he/she could appeal against such refusal - but I am not sure whether such appeal does exist practically.] Thats the Rule. [ July 09, 2002: Message edited by: User ]
WPHolder Junior Member Member # 1657	Posted July 10, 2002 12:44 AM ------------ Quote by User -- Forget changing jobs... unless one has mentioned this fact of 2-3 months wait after WP approval to start work, to his employers. ------------------ This is pathetic. Imagine a person changing job and not being paid for 2 months to survive in this country. Moreover, as user suggested, change of jobs would become a cumbersome process for new recruiters of wp holders and eventually a trend will start wherein they would not be interested in wp holders any more. WHO WANTS TO WAIT FOR 2 MONTHS AFTER EMPLOYING SOMEONE ? It may also be the case, in those 2 months, the employer finds someone local and kicks the wp holder out even before recieving the entry clearance. My point is, there must be something in the rule book, which allows a WP Holder to start working for the new employer, while the entry clearance is being granted for new WP. Mr. Sanwar Please dig this deep to see if there is any solution. This is too critical. I would be going through this phase soon and I only have 1 month of visa left on old WP. My new employer has immediate requirements for a candidate. This kind of rule could discourage him from employing me. Please help. Also Kindly give alternate suggestions if any.
Deleted Member Member # 128	Posted July 10, 2002 11:18 AM quote: Originally posted by WPHolder: Moreover, as user suggested, change of jobs would become a cumbersome process for new recruiters of wp holders and eventually a trend will start wherein they would not be interested in wp holders any more. WHO WANTS TO WAIT FOR 2 MONTHS AFTER EMPLOYING SOMEONE ? I'm symphatetic with your position but WPUK first and foremost duty is to protect the local workforce while supplying foreign workers when strictly necessary. Employers already wait 1, 2 months or longer when they apply for a permit for somebody who is outside the UK as the process involves the application itself, mailing to the candidate, possible entry clearance required, travelling, etc. Even if you hire a local, most companies have a 4-week notice requirement and most candidates wish to have some holiday before starting with you, so it's not uncommon to wait 1.5, 2 months for them to start with you. I've waited that long for people to start in my team...
marka Member Member # 1907	Posted July 10, 2002 11:32 AM I(well my employer actually) just recived a workpermit extension from workpermitsUK where they state they approve the application and I now have permission to work. They now pass the case on to the UK in Country decision team which will decide to extend the leave to remain. If the leave to remain is not extened then the letter says I should stop working immiediately. So I do not have to wait while the leave to remain is decided the letter says I can work right away... Mark
Deleted Member Member # 128	Posted July 10, 2002 11:38 AM That's correct Mark because in your case the existing work permit is just being extended. Different rules apply when somebody is switching status from, say, student to work permit holder.
Advisor Junior Member Member # 4299	Posted July 10, 2002 01:32 PM Dear All , Reply is very straight , 1. does first approval mention anywhere that you can start work.? 2.Is it mention anywhere in IND web pages that you can start work after first approval.? if anyone knows any of the pages with such details pl. mention , otherwise we should stop gusessing as its gona mislead lots of our friends. Proof (url) pl.
User Member Member # 3726	Posted July 10, 2002 02:03 PM Hi Advisor, This (the current topic) is an area which the government has not clearly defined. All the govt. tells you is that they will inform their decison in writting about the "Leave to Remain" for the Work permit holder (only proof -look up any new Work permit [i.e job changeover based new work permit document]). the Govt. does not comment anything further to that as to whether the WP holder can start working until the "Leave to remain" is approved. My guess is, if this point was clearly defined in law, the WP authorities would have defenitely made that in writing while approving the First stage - that is, the Work permit approval. Since there is no efenite law on this, the govt. just lets you keep guessing in the meantime. Its a grey area. Hence all these guesses/opinions. I have even asked many employers who have been successful with lots of WPs. Even they were unable to comment on this point. Maybe Workpermit.com consultants can comment. They might have some authoritative document/pointers on this topic. I understand your point, but unfortunately no proofs available further to that. Sorry. Even I wish, we had some authoratative pointers on this topic. regards. [ July 10, 2002: Message edited by: User ]
Advisor Junior Member Member # 4299	Posted July 10, 2002 03:39 PM User , I appreciate your approach , This is definitely grey area. As far as i know employers hesitate to start employment because of following in first approval letter. ' We will now consider whether Mr YYY's leave to remain can be extended and notify you of the decision in writing' Few employers may decide to go a head due to urgency of project they doing and that no body(goverment)is going to know about it or raise any issues. You know what i mean. But , well known companies with proper inhouse international infrastructure in place do not consider this as approval to start. WE definitely need to clarify this issue , if someone could help and come up with instructions ..... Is there anyone in the forum who manage to start employment without having second approval. if yes , pl. let us know. Workpermit.com consultants , pl. comment [ July 10, 2002: Message edited by: Advisor ]
Alex Member Member # 54	Posted July 12, 2002 09:50 AM Workpermit.com consultants , pl. comment
WPHolder Junior Member Member # 1657	Posted July 12, 2002 10:35 AM ----- Employers already wait 1, 2 months or longer when they apply for a permit for somebody who is outside the UK as the process involves the application itself, mailing to the candidate, possible entry clearance required, travelling, etc. -------- Thanx for the reply. I have switched employment before. In last feb i.e. feb 2001, I changed my employer, being in the country. The whole process took only 10 days or so. I recieved my passport in 10 days and was able to start the work, as per clients requirements. After that when the same employer applied for my extension after 10 months ., it took Home office 2 months to send me my passport back. This may be due to excessive work during the times of christmas. I am still not clear, If i change my employment now, will the employer still have to wait 2 months before i could start. Have the rules changed in recent times because my earlier employer got me through this process in 10 days. ?
User Member Member # 3726	Posted July 12, 2002 10:48 AM The Rules have not changed. In fact there is no such rule/law which says what amount of time WPUK can take to approve your "Leave to Remain". The HO takes such a long time because... THEY CAN! regards.
Alex Member Member # 54	Posted July 12, 2002 11:30 AM quote: Originally posted by User: The Rules have not changed. In fact there is no such rule/law which says what amount of time WPUK can take to approve your "Leave to Remain". The HO takes such a long time because... THEY CAN! regards. But my question is - if I apply for workpermit.com services, can they guarantee that all process takes some reasonable time? Reasonable time from my point of view is something around 2-4 weeks... Workpermit (UK) constantly repeats that it takes just several days to make a decision, forgetting to mention that after that it takes weeks to get your passports stamped.
User Member Member # 3726	Posted July 12, 2002 11:34 AM Hi Alex, I guess - Workpermit.com may not be able to help anyone on guarenteeing a reasonable time for getting the LTR Approval... because its not in their hands to do anything on that. Well... 2-4 weeks for "Leave to Remain" Approval? Not at all a possibility these days. But it used to be so - sometime in the Past (Last Year I guess). As far the WPUK not mentioning the fact that it could take weeks to get the passport stamped and let the Worker start work legallly thereafter - Please Thank God they are not doing that! If they did - it would only discourage the new employers and consequently the WP holder may even lose the job if the employer is given that fact in writing. Because WP approval is not a Job guarentee, the employer then could ask the WP holder to forget the Job - if it is to take months before he can start the offered JOb. So I would thank god WPUK is not informing/putting it in writting that it would take months to approve LTR. So the point is - one will have to wait...wait...and wait...until the cows come home, unless one does not mind breaking the law and start working immediately after WP Approval. regards. [ July 12, 2002: Message edited by: User ]