On old Work Permit, being bully at work want to change jobs

[LCM]

I'm a graphic designer, from Canada, currently on the old Work Permit before the rule change. Old Work Permit valids from Dec 2008 to Dec 2013. It's a 5 year permit. I've previously work for this employer on my holidaymaker visa. All together, I've worked there for 3 years up to this date but officially on the work permit for only 1.5 years.

4 weeks ago, whilst my boss was away. I got into a heated disagreement with the production manager, was pushed into the situation of walking out on my job. As I was leaving, the production manager made remarks on my work permit. And there were times before where she has threatened me that she has the power to persuade my boss to fire me and hire someone for half the price. After seeking advice from Citizen Advice Bureau and confirmed that is bullying when one gets threatened with the sack.

The boss came back, I met with her about the walk out and informed her that I felt bullied. We had another meeting today with the production manager, my boss, a mediator and i trying to sort out this work dispute. My boss was absent for most of the meeting which I should have stopped the meeting until her return. Mediator and the rest of us carried on and concluded at the end of the meeting that in order to have me back to work if i agree on a few things.

Most of them I can agree on to move forward but they required a statement from me to confirm that these bullying allegation was unfounded. Everything else on the list I can agree on but forcing me to that statement is unacceptable. That itself is bullying, isn't it??

My questions are:

1. Is it possible for me to find other employment and how difficult for me to transfer the old work permit with the new employer?

2. Would i need to follow new rule for the transfer? I fear that most employer would fear the trouble of paper work, and I think I'm missing 1 point.

3. Or am i just out of luck and i have to suck it continue working even when it's unjust just to avoid the risk of being breaching work permit and get deported?

Advice much appreciated. Thank you in advance.

Edit to add: The work permit application was in October 2008. The issue date of my work permit certificate from Home Office UK Border Agency was 24 Nov 2008 (4 days before new rule) but after biomentrics, entry clearance etc my flight back to UK was on 8 Dec. On my passport, the UK Entry clearance cert reads 8 Dec 2008 to 8 Dec 2013. If that makes any difference?

[geriatrix]

There is no concept of transfer of work permits - you can only work for the employer named in the work permit.

If you wish to change employers, the new employer will need to sponsor you (issue a CoS) and you'll then need to apply for a Tier 2 leave to remain - subject to you fulfilling the specified criteria.

Or you may switch to Tier 1 (General) if you qualify.



regards

[LCM]

Basically, I'm just going to be stuck working for bullying employer or get deported.

Thanks for reply.

I don't know how else to say this without sounding sarcastic. *sigh*

If I found new employer to sponsor, I believe my holidaymaker visa years do not count but does my time I've stayed with my previous work permit count towards my future application of ILR/immigration or am i starting at 0 from the new employer?

[geriatrix]

Time spent in UK on holiday maker visa cannot be used towards ILR application on basis of WP/Tier 2/Tier 1. But time spent with the current employer under WP will count, subject to certain conditions being met (e.g.- find another sponsorship before the current one ends; join second employer without significant break in between jobs; find a job without leaving UK etc. etc.).


regards

[LCM]

Have you any idea how long a job search average now a days in the time of recession? At least 3-6 months if one's lucky. Most employers will avoid the paperwork for sponsorship especially with the higher fees and tighten rule PLUS cap in the near future.

So in other words, basically, I'm just going to be stuck working for bullying employer for another 3.5 years.

Thanks. Once again, my apologies I can't say this any other way without being sarcastic.

[stewie]

Hi LCM,

That's a really bad situation - they are clearly making use of your dependence on them, which is a modern form of slavery.

I'd calm down in such a situation, "agree" with them minimizing the damage to your interest, continue my work, but then constantly look for other opportunities in the background - either getting enough points for Tier 1 (highly skilled), or another Tier 2 (sponsored) or just patiently waiting for ILR or probational citizenship (freedom to work anywhere you want).

Good luck.

[LCM]

Thanks stewie.

I played around the points calculator on Home Office last night. I definitely don't have enough points for Tier 1 (General).

My boyfriend offers to marry me but I definitely don't want to depend my immigration status on that, not from this situation.

3.5 years is quite a long time. I love the company and my boss but it's the line manager that I have issue with... at the panic of the thought of deportation, why i posted here to find out what my options are.