Made redundant-WP - Deadline to find a new job 28 days?

Hi,

My employer made me redundant a month ago (16th July) and I am looking for a job urgently.

I was reading in this forum and basically you have 28 days to find a new job; however according to the "Work Permit UK Guidance (published by the UK Border Agency)" applications made after 28 days can be considered (see below copied paragraph)

Does any of you has gone thru this?, please share your experiences.

thanks


The application is received more than 28 days after the person’s previous
employment ended - – This should be considered as a new application and therefore treated as First Permission. New advertising of the job would normally be required in these circumstances, however, the EO/HEO may consider waiving the advertising criteria and approving the application exceptionally. If this course of action is approved, the caseworker must ensure that the approval letter states that the case has been
approved on an exceptional basis. If waiving the advertising criteria is not appropriate and, after checking with the employer or their representative, no recruitment search has been carried out, the application should be refused and paragraph P83A included in the refusal letter. Caseworkers should note that all refusal reasons should be included in the refusal letter and all letters should be tailored to the individual application.

It is normally considered that you have 28 days from the date of which you recive a letter from the Home Office Stating that you now have notice to leave the country. Before this point it is likely that you company has not informed the Home Office that you have left them and as such the liabaility lies with them. However, I would still treat ytour case as urgent and try very hard to find a new job ASAP!

Just out of interest what is your skill set in?

I have had exactly the same sitution! For me it has taken 6 months to find a new job!!!!and I have already quit my job (mentioned on my current WP) now my new employer that has offered me the job, said they are happy to get me a WP...however i am worried! ....HO might not be happy with this period of my stay whilst unemployed!

What can I expect from the situation?
Could this affect my future application for indefinite leave to remain in the uk and naturalisation?I have been in the uk for almost 5 years now...

M

6 Months is quite a long time.

I would recommend that your new company follows all the procedures of a new application as detailed in the paragraph contained in the above post. If you or your old employer however received the letter stating that you must leave the country then unfortunately there is a very strong likelihood that your application will be rejected and you may even face being treated as an overstayer.

The other option, and perhaps one of the safest that you have, would be to return to your country of origin and submit a new application for the new employer as an out of country. This way you are applying for fresh leave to remain on a new tier 2 but it will still add on and count towards your existing time towards ILR.

I hope this helps and other seniors+ please check and agree / disagree where relevant.

Thanks,

Vanadil wrote:6 Months is quite a long time.

I would recommend that your new company follows all the procedures of a new application as detailed in the paragraph contained in the above post. If you or your old employer however received the letter stating that you must leave the country then unfortunately there is a very strong likelihood that your application will be rejected and you may even face being treated as an overstayer.

The other option, and perhaps one of the safest that you have, would be to return to your country of origin and submit a new application for the new employer as an out of country. This way you are applying for fresh leave to remain on a new tier 2 but it will still add on and count towards your existing time towards ILR.

I hope this helps and other seniors+ please check and agree / disagree where relevant.

Thanks,

cheers...where can i find that paragraph? i want to send it to the agency who is tring to sort out my new work permit...

cargl wrote:

The application is received more than 28 days after the person’s previous
employment ended - – This should be considered as a new application and therefore treated as First Permission. New advertising of the job would normally be required in these circumstances, however, the EO/HEO may consider waiving the advertising criteria and approving the application exceptionally. If this course of action is approved, the caseworker must ensure that the approval letter states that the case has been
approved on an exceptional basis. If waiving the advertising criteria is not appropriate and, after checking with the employer or their representative, no recruitment search has been carried out, the application should be refused and paragraph P83A included in the refusal letter. Caseworkers should note that all refusal reasons should be included in the refusal letter and all letters should be tailored to the individual application.

You posted it