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Archive » United Kingdom » WP : Change of customer / place of work

Author	Post
gn Member Member # 7170	Posted September 21, 2003 12:03 PM Hello, I understand if a person works at a client's / customer's place then the workpermit is obtained by the company (employer) based on the contract between the company and the client. What happens if - 1. The person starts work on with a different customer / client for same company (employer) ? 2. Does the WP need to be changed for that ? 3. If the person leaves the UK and comes back to work for different customer of the same employer - what should be their answer to IO's standard question - do you work for the same employer ? or is your employment still continuing ? What should be the answer to the question where do you or whom do you work for ? Anyone can help please. [ September 21, 2003: Message edited by: gn ]
gn Member Member # 7170	Posted September 22, 2003 08:48 AM Any advice pl.
gn Member Member # 7170	Posted September 22, 2003 10:55 AM Thanks for your answer. with reference to 3 Reason I asked this was last time when I entered the UK - IO asked me whom do I work for. I told name of employer Software company. IO asked what was the address I worked at. I answered with UK office address of the employer company. They still asked me where do I actually work. When I answered with the client's name which is a giant UK co. IO let me immediately get in. Therefore, I thought whether WP is linked to the client than the employer that you work for.
bhavna Member Member # 6216	Posted September 22, 2003 11:06 AM I think you need to obtain a new work permit if you start working with a new client. You initial work permit is based upon the contract of your parent company with the client. So if you change the client a new work permit need to be applied for where the suporting documents to be submitted shall be the new contract between the parent company and the new client.
bhavna Member Member # 6216	Posted September 22, 2003 11:58 AM Hi epiphany, my statment was in light of the ICT based work permits. http://www.workpermits.gov.uk/filestore/9-03-B&CNotesv2.doc Please see point number 8 (link above). Such a WP is issued based upon a contract between a company and a client. Work permit is only issued for the duration of that contract. If it terminates beforehand i think a new one need to be applied for. This is my understanding anyways on this. May be i am missing something.
Kayalami Member Member # 5984	Posted September 22, 2003 12:52 PM Couple of ways of looking at this: Scenario 1: Mr A has been employed by Company X who have obtained a Work Permit for him. Company X has a contract to provide a particular service (not just labour like an agency) to Company Y which has supported the WP application. Company Y has various sites. Mr A is sent to work at the various sites of company Y. Clearly in this situation the relationship between Mr A and Company X continues so there is no issue of a new WP. Scenario 2: Everything initially stays as above. Company X then signs a new contract with Company Y. Mr A is sent to work at any of Company Y sites. Unless the new contract is fundamentally different to the one in scenario 1 requiring new skills from Mr A (e.g. from telephony technology to laser optics) nothing has really changed so no new WP required. Scenario 3 Mr A joins Company Z which also has contract with Company Y to provide services similar to those provided by Company X. Since this is a new employer Mr A must obtain a new WP sponsored by Company Z. In summary unless the initial poster is able to provide details of all the contracts including sponsoring employer, company receiving services etc we can safely assume from the information provided that a new WP is not required. Accordingly upon entering the UK he/she can state that they are continuing their employment with Company X. Hope this helps clarify things further. [ September 22, 2003: Message edited by: Kayalami ] -------------------- ---audi alteram partem---
gn Member Member # 7170	Posted September 22, 2003 01:34 PM I can provide details as follows : I have been amployed by a Singapore based MNC software company (X). I have been working for their client a UK based company (Y) on WP. WP was obtained based on contract between X and Y. Now I have to reenter UK to as an employee of X but to work with another client of X say Z. 1) whether new WP is needed ? 2) whether any other formality i.e. to convey to the HO etc is needed? 3) technically my workpermit is to work with which company X, Y or X with Y ?
gn Member Member # 7170	Posted September 22, 2003 02:30 PM Epiphany, X has a office in the UK. In work permit their name and office has been mentioned as employer name and employer address.
gn Member Member # 7170	Posted September 22, 2003 10:21 PM One more thing I am being paid allowances by company X in the UK.
touch Member Member # 6701	Posted September 22, 2003 11:14 PM I can see a wiered situation here ..... - GN works for company X. - Say He / she has workpermit valid till 30th September 2004. - GN works at company Y who is client of company X. - GN finishes his work with Y and goes back to Singapore on 31st October, 2003. - GN has a valid workpermit and is still employee of company X. - If what epiphany says is correct can GN walk through the port of entry saying he still works for company X on 31st January 2004 without knowledge of company X, find another job to work with company XXX and apply for new WP and LTR. Hard to believe this is possible.
Kayalami Member Member # 5984	Posted September 23, 2003 08:21 AM touch, Depends on the employment position when GN goes back to Singapore on 31st October 2003. If its a return/ permanent redeployment back to the parent company then the work permit for the UK branch is no longer valid so any re-entry into the UK would have to be on a new WP or business (visitors) visa subject to activity to be engaged in. One thing that needs clarifying by GN is whether he/she holds a standard full work permit (valid for a max of 5yrs) or a multiple entry work permit (valid for a max of 2yrs). -------------------- ---audi alteram partem---
gn Member Member # 7170	Posted September 23, 2003 08:30 AM I don't know whether it is single or multiple entry. However, my original stamping says SINGLE ENTRY. But my WP has been never for more than a year. It was always extended and now it is valid till 30th April 2004. The total period including extensions is now 3 years and 4 months. As of now I am still paid by UK branch as I am on my paid UK leave. Once I resume Singapore operations they would stop paying me in UK and will start paying me in Singapore $. [ September 23, 2003: Message edited by: gn ]
Kayalami Member Member # 5984	Posted September 23, 2003 12:32 PM All Work Permits must be accompanied by an immigration status stamp which is either: 1. An entry clearance visa for applicants outside the UK who are visa nationals. 2. A leave to Enter (LTE) Stamp - granted at the Port of Entry where a non visa national enters the UK on the basis of the WP. LTE for stays of over six months is being phased out from 13 Nov 2003. 3. A Further Leave To Remain (FLR)Stamp for applicants who obtained their WP whilst in the UK. It would appear that you were under category 1. Once you enter the UK the stamp placed in your passport is valid for multiple entries within the stamp's validity. Likewise any FLR stamp is also valid for multiple entries into the UK during its validity - an additional criteria must be met in that all WP's and corresponding immigration stamps are only valid where you maintain employment with the sponsoring company. For Work Permit purposes the phrase multiple entry work permits (MEWP's) refers to those permits given to companies that send their employees to the UK on a regular basis but these employees are not classed as residing in the UK. Obviously people on a long term deputation which you are do not fit into this category but are in that of a full WP. MEWP's are not renewable so the fact that you have always got extensions confirms you are on a standard WP. The good news for you is that if you can remain on WP status by working in the UK for another seven months you can apply for Indefinite Leave To Remain in the UK aka Permanent Residence. You need to have been on a standard WP for 4 yrs consecutively - however as you can apply to the HO upto 4 weeks before the 4 yrs your application date can be from time 3yrs 11 mths. Good Luck [ September 23, 2003: Message edited by: Kayalami ] -------------------- ---audi alteram partem---
gn Member Member # 7170	Posted September 23, 2003 12:56 PM quote: Originally posted by Kayalami: an additional criteria must be met in that all WP's and corresponding immigration stamps are only valid where you maintain employment with the sponsoring company. Thanks Kaylami for such a detailed reply. All your inferences from the info I provided are correct. I have only one doubt now - does my employment remain to be with the sponsoring company even when I go back and join Singapore operations from WP perspective. And can I reenter the UK on a current unexpired WP and FLR of the company to work for another client of the company. Thanks for your advice on Indefinite Leave. It would be difficult as my next assignment is for 2 months and even if it extends my employer will not sponsor me for that. [ September 23, 2003: Message edited by: gn ] [ September 23, 2003: Message edited by: gn ]
Kayalami Member Member # 5984	Posted September 23, 2003 05:01 PM If you return to Singapore permanently as opposed to just going there on a short term assignment then returning to continue your depute in the UK your WP will no longer be valid. Likewise the corresponding WP based LTR stamp is no longer valid despite showing an expiry date post your return to Singapore. Don't even try to use this WP LTR for UK re-entry if you are going back to Singapore after concluding your UK job. Note that at ILR application stage the Home Office will require a letter from your UK based employer confirming you will continue to work for them - if you are returning to Singapore you won't get such a letter no will you . You don't need to be with one company for the 4 yrs on WP - you can find another firm to sponsor you for a WP and remain in the UK or depending on your skills set and managerial experience apply to stay in the UK under the Highly Skilled Migrant Programme. Time spent on WP and HSMP status is amalgamated for ILR purposes though again this must be over 4 years consecutively. Good Luck -------------------- ---audi alteram partem---
gn Member Member # 7170	Posted September 23, 2003 08:27 PM Thanks. I am going there for vacation and my depute in the UK has not been terminated. So I should be ok. There are a number of people I know who go back say to join their offices and travel again on same WP for some different assignment on separate depute. I think HO doesn't know this because the employer would never tell (in fact they use it or misuse it) that was the case. People just walk through with seperate depute letter in the hand or even on business visits (where idelly they should come with business visas).
gn Member Member # 7170	Posted September 24, 2003 11:44 AM Are Epiphany's comments deleted ?
boyinuk Junior Member Member # 7174	Posted September 24, 2003 05:44 PM does single entry means the person coming on WP cannot go to his home country for a vacation or what ????
touch Member Member # 6701	Posted September 24, 2003 10:06 PM Once you enter the UK the stamp placed in your passport is valid for multiple entries within the stamp's validity.
epiphany121 Member Member # 7178	Posted September 25, 2003 10:02 AM Yes GN, looks like my comments were deleted. I'm assumig its because of the run-in I had with JAVAMAINFRAME a month ago because of the racist comments he was making (thankfully he has sobered up nowadays). But I'm back with a new ID, as I couldn't even post with my old ID.
Kayalami Member Member # 5984	Posted September 25, 2003 10:19 AM Epiphany, Glad to have you back on board and looking forward to reasoned and respectful comments from all posters . -------------------- ---audi alteram partem---