Urgent WP transfer query.... Pls. Respond..

All experts please advice on this query.

I am currently working with an Indian IT company in UK since last 3 years. I have valid work permit for my present employer till November 2005.

Now I have got a job offer from another company in UK. and company is willing to sponsor my WP.

I know that recent changes to work permit says that I can start work for the new employer once I have my new work permit approved on the basis that I will apply for LTR withing six monthsand I have valid Leave to remain to cover my stay in UK which was issued by my previous employer.

Question 1:

I have to travel to India for period of 2 weeks. will I have problems getting back to UK after two weeks?

Is the new approved work permit letter for my new employer and my valid LTR (issued from my pevious employer) till december 2005 is enough to allow me entry in UK?

Question 2:

If I have a break of three to four weeks in my work permit employment , will my ILR clock reset to zero? I have already spent three years in UK on a WP and I do not want to lose my stay in UK due to switching of employment?

Please reply to my query.

Many Thanks,
JM

Not sure about question 1, it may not be an issue but its best to email the incountry FLR team and have a confirmation from them directly.

Your ILR should not be reset, because you will have 4 years of continous leave to remain in the country.

Contact details of the incountry team as per FLR application:

In-Country Operational Team (A-L, Sports and Entertainments and SAWS applicants)

Telephone: 0114 259 5777 or 0114 259 5999
Fax: 0114 259 3749 or 0114 259 5744
E-mail: Ops1.In-Country@ind.homeoffice.gsi.gov.uk

In-Country Operational Team (M-Z and HSMP applicants)

Telephone: 0114 274 3304 or 0114 274 3305
Fax: 0114 274 3101 or 0114 274 3102
E-mail: Ops2.In-Country@ind.homeoffice.gsi.gov.uk

Also when do you intend to travel. You can apply for FLR and request an urgent treatment. They will meet your travel deadline. That could be your safest option.

Question 1:
I have to travel to India for period of 2 weeks. will I have problems getting back to UK after two weeks?
Is the new approved work permit letter for my new employer and my valid LTR (issued from my pevious employer) till december 2005 is enough to allow me entry in UK? The guidance notes issued by the Home Office to the immigration agents at the airport say that you should have the appropriate EC, now, We know the new rules allow you to stay in the country with the existing EC and work for your new employer while you wait for the FLR. Because the law is new and it is a learning process for the immigration people at the airport I suggest you either send an email to the HO asking confirmation and print a copy or print the new laws and keep them handy while traveling. THe guidance for them is if you got the first WP letter and arrive at the airport without the EC, they can deny entry... your situation is different but could delay your entry.... (IMHO)

Question 2:
If I have a break of three to four weeks in my work permit employment , will my ILR clock reset to zero? I have already spent three years in UK on a WP and I do not want to lose my stay in UK due to switching of employment? The guidance is that " you should show strong ties with the UK", if you are still living here, then you have the ties, now, be very carefull not to overstay. The day your contract ends you have no more WP and the EC is not valid anymore, regardless of the sticker on the passport, it is not valid anymore and you have 28 days to "vacate the premises", keep that in mind to avoid affecting your chances to get the ILR.

Please reply to my query.

hi there ,
I am kinda in the same boat as you ..and I emailed HO abt this , this was their reply....

Thank you for your e-mail.

You must submit your FLR(IED) application within 6 months of the date of
the
work permit approval letter, but before your current visa expires. This
means that you can travel & return to the UK, then submit your application.
If you submit it now, it will not be dealt with in time for you to travel

Hope this helps

Regards
OPS 2

try-one wrote:Question 1:
Question 2:
If I have a break of three to four weeks in my work permit employment , will my ILR clock reset to zero? I have already spent three years in UK on a WP and I do not want to lose my stay in UK due to switching of employment? The guidance is that " you should show strong ties with the UK", if you are still living here, then you have the ties, now, be very carefull not to overstay. The day your contract ends you have no more WP and the EC is not valid anymore, regardless of the sticker on the passport, it is not valid anymore and you have 28 days to "vacate the premises", keep that in mind to avoid affecting your chances to get the ILR.

My wife had a similar problem- she had switched jobs, had to go home before her new work permit was approved because her dad was seriously ill. She was physically away for 3 months. Her new work permit was approved within 2 weeks of her leaving the country. However, when she applied for ILR, her application was refused because she had a break in employed status.
According to her immigration lawyer, the home office took a very non-compassionate view to her case and her ILR should have been approved (since she had another job offer when she left because of a family emergency, was in the process of getting a new work permit and was planning to come back as soon as possible to take up the new job). However, these things do happen and it is probably wise to be careful. She lost credit for more than 2 years of her stay and had to wait another 6 months to get her ILR as my dependent.

Hi,

It's a somewhat different situation !! One of my friend have applied for a HSMP in first week of Dec. His current employer is planning to cancel his work permit since his assignment is getting over. I have a question that can he stay in UK legally? Is there any guidelines by Home office?

Thanks!!

His current employer is planning to cancel his work permit since his assignment is getting over. I have a question that can he stay in UK legally? <== i doubt he can stay legally in the UK if his WP is going to get terminated... because he won't have any valid visa