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FLR-on WP or Tier1 Urgent Please

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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coolwp
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Posts: 67
Joined: Mon May 05, 2008 4:55 pm

FLR-on WP or Tier1 Urgent Please

Post by coolwp » Tue Sep 30, 2008 11:38 am

Hi

I am on WP and planning to apply for tier 1 in a month or two. My leave to remain is valid till 2011. Now my problem is I have been offered another job and my new employer is ready to transfer my WP. My questions are
1. Can I work under new employer without FLR for new WP? I understand that I have 6 months time after the date of approval of transfer of WP.
2. If I work for the new employer's WP my FLR will be from old WP and if my old employer inform HO regarding this transfer and cancel my wp in writing can i still legally work on that FLR?
3. My concern is that once I joined the new employer and start work with them, I will soon file my Tier 1 application and in case my old employer cancel my WP what would be my status . I could not even file the in-person FLR application as my passport will be in HO for Tier1 appplication

Please help me as I have to decide on this new offer of employment asap.

Thanks very much

vinny
Moderator
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Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Sep 30, 2008 12:54 pm

Work permits[/url] > [url=http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/workpermits/changeofemploymentapplications/]Change of employment applications wrote:If your change of employment application has been approved the individual must apply to vary their leave to remain (FLR), to cover their change of employment. They will need to use from FLR(IED).
Transitional arrangements for Tier 2 - general wrote:If you are an existing work permit holder and you wish to change employment after Tier 2 comes into force, you will need to apply under the points-based system and meet the full eligibility criteria for Tier 2 - general.
Alternatively, you may switch to highly skilled worker (Tier 1 General) before changing employers.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jhp
Junior Member
Posts: 66
Joined: Sat Nov 05, 2005 7:51 pm

Re: FLR-on WP or Tier1 Urgent Please

Post by jhp » Tue Sep 30, 2008 1:19 pm

coolwp wrote:Hi

I am on WP and planning to apply for tier 1 in a month or two. My leave to remain is valid till 2011. Now my problem is I have been offered another job and my new employer is ready to transfer my WP. My questions are
1. Can I work under new employer without FLR for new WP? I understand that I have 6 months time after the date of approval of transfer of WP.
2. If I work for the new employer's WP my FLR will be from old WP and if my old employer inform HO regarding this transfer and cancel my wp in writing can i still legally work on that FLR?
3. My concern is that once I joined the new employer and start work with them, I will soon file my Tier 1 application and in case my old employer cancel my WP what would be my status . I could not even file the in-person FLR application as my passport will be in HO for Tier1 appplication

Please help me as I have to decide on this new offer of employment asap.

Thanks very much

1. Can I work under new employer without FLR for new WP? I understand that I have 6 months time after the date of approval of transfer of WP.

Yes you can

2. If I work for the new employer's WP my FLR will be from old WP and if my old employer inform HO regarding this transfer and cancel my wp in writing can i still legally work on that FLR?

Yes you can as long as you apply for FLR on your new wp within 6 months.

3. My concern is that once I joined the new employer and start work with them, I will soon file my Tier 1 application and in case my old employer cancel my WP what would be my status . I could not even file the in-person FLR application as my passport will be in HO for Tier1 appplication

It might be a good idea for you to get your FLR stamped with your employer and then change your status to Tier1.That way if your Tier1 is either delayed or rejected your covered.

bbkaran
Junior Member
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Joined: Sat Jul 19, 2008 8:22 am

Post by bbkaran » Tue Sep 30, 2008 7:23 pm

Looks simple to me unless I miss something. Get workpermit from the new employer issued before you resign your current job.

bbkaran
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coolwp
Junior Member
Posts: 67
Joined: Mon May 05, 2008 4:55 pm

Post by coolwp » Wed Oct 01, 2008 10:38 am

Thanks all for you advice.

Actually my concern is if i join the new employer what if my old emplyer cancel my wp? In that case wven though i have wp under new employer my FLR was under old emplyer. so can i work or will taht be legal to work under that FLR?

Senior pls advice as I need to decide asap

SKUK
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Post by SKUK » Wed Oct 01, 2008 11:39 am

You've already been given the correct advice by Vinny. What else are you looking for?

You cannot work for your new employer with your old WP's FLR. Ideally you should have your new WP FLR stamped before you start work with your new employer but you can start work if atleast you have sent in your FLR application to HO.

I quote from Vinny's post again if it helps:

If your change of employment application has been approved the individual must apply to vary their leave to remain (FLR), to cover their change of employment. They will need to use from FLR(IED).

coolwp
Junior Member
Posts: 67
Joined: Mon May 05, 2008 4:55 pm

Post by coolwp » Wed Oct 01, 2008 9:27 pm

Thanks for your reply
But I am quoting from BIA site only

An interim arrangement is currently in place whereby existing work permit holders can start a new job on the strength of the work permit permission letter, providing his/her existing leave to remain covers all or part of the period of the new employment. In these cases individuals will then have to submit a further leave to remain application before their existing leave expires, or within six months, whichever is the sooner. As the employer's work permit will have been approved, and the individual will still have to submit a further leave to remain application, this does not undermine immigration controls.

So please explain that if I work under new employment with the FLR granted under old employment will that be legal? Please explain I am very confused.

Thanks

coolwp
Junior Member
Posts: 67
Joined: Mon May 05, 2008 4:55 pm

Post by coolwp » Sat Oct 04, 2008 10:36 pm

Any advice please!!

JESSIES
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Post by JESSIES » Sat Oct 04, 2008 11:32 pm

how did you find an employer who would transfer your WP? I thought that would be really difficult. How long is the estimated transfer period? I am going to fix up my resume this weekend and start applying for jobs where i can transfer my WP just incase my tier 1 application falls through.

JESSIES
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Post by JESSIES » Sat Oct 04, 2008 11:42 pm

i pm'ed you coolwp

touchsensor
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Hope this helps

Post by touchsensor » Sat Oct 04, 2008 11:59 pm

I hope this helps clear your doubt:

An interim arrangement is currently in place whereby existing work permit holders can start a new job on the strength of the work permit permission letter, providing his/her existing leave to remain covers all or part of the period of the new employment. In these cases individuals will then have to submit a further leave to remain application before their existing leave expires, or within six months, whichever is the sooner. As the employer's work permit will have been approved, and the individual will still have to submit a further leave to remain application, this does not undermine immigration controls.

This was taken from:

http://www.ukba.homeoffice.gov.uk/worki ... extending/

All the best!

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