Current Work Permit Validity

[andynash]

Hi,

I am currently employed by FIRM 'A'.

FIRM 'B' approached me and offered me a job, which I accepted by signing an offer letter they gave me. But I didn't resign my current job yet as I wanted to resign only after the FIRM 'B' gets a Work Permit letter for me. Now, FIRM 'B' has applied for the Work Permit.

Question:

1. What happens to my current Work Permit and the LTR stamp on my passport, if the FIRM 'B' gets the Work Permit approval letter.( I haven't gone for the LTR stamping based on the New Work permit from FIRM 'B').

I am asking this question as I want to stay back with my current employer. From the message board I got a feeling that the WP from FIRM 'A' is automatically cancelled. Is this true? If yes, what should FIRM 'A' do to continue using my services? If I persuade FIRM 'B' to concel their new WP, would that reactivate the WP from FIRM 'A' ?

I need a solution out of this WP mess I got into by accepting the new offer.

Please do help.

Thanks,

Andy.

[Chris]

Once WP is filed by another employer its a 1 way traffic. The process is unlike H1B visa in US, where 1 can hold more than 1 H1B at a time.

This link might help you.

http://www.immigrationboards.com/viewtopic.php?t=4885

[andynash]

After a long wait and frantic calling to everyone, I finally managed to get a number to workpermits.gov.uk.

0114 259 4074

Surprisingly, its a normal landline. Alternatively one can reach them on

wpcustomers@ind.homeoffice.gsi.gov.uk

I guess most of the guys out there know this number/information.

Well, regarding my case, I got the information that, as long as I don't get my FLR stamp done on my passport and as long as my current company i.e. FIRM 'A' doesn't submit an end of employment form, which the companies should do when an employment is terminated/ends, I can stay back with my previous company, BUT, I should inform the new company i.e. FIRM 'B' that I am not taking up that job and they would intimate the Home Office/WorkPermits the same and the new WP gets cancelled and my earlier one becomes VALID. This is legal.

I can sleep peacefully now.

Now, one can ask, what if the new company (FIRM 'B') doesn't inform the WorkPermits/HO, about the cancellation? Well, I guess, its their duty just like its the duty of a company to inform the HO when an employment ends. But if they still don't inform and try to make trouble for you, you can approach a solicitor as your existing company didn't submit the end of employment, and fight your way through. They will be getting into as much trouble if they think of causing a problem. To be on the safer side, keep a copy of the letter/fax you send them stating that you are not joining them.

Hope this helps others who are in a similar situation.

Chris, its a one-way ticket, but it has a provision to return, till the point you go for your LTR stamp, provided your current employer hasn't submitted the end of employment form yet.

[andynash]

The exact reply I got from the Work Permits to my e-mail.

On a side note, its always good to contact them via e-mail if you got time. They do reply in a couple of days time.

----------------------------------------------------

Dear *****,

Firstly you should check that your old employer has not cancelled your
existing work permit. If not you should ask your the employer you were going
to work for to cancel the new work permit. You will then be able to work for
your old employer on your existing work permit.

Regards

*** ******
Customer Service Advisor

* Customer Contact Centre
Work Permits (UK)
Home Office
PO Box 3468, Sheffield
* 0114 2594074
------------------------------------------------

[Chris]

Looks like someone has deleted my previous reply.

I repeat my reply where I said what I was told from the WP dept for the same query and they replied http://www.immigrationboards.com/viewtopic.php?t=4885.

Having different answer from WP staff surprised me and I could not hold on recommeding that HO and WP staffs should undergo a good training. I had also requested for comment from Joseph(in the above link) if any.

I can understand this reply could offend only a staff from HO or WP dept and which has to be a moderator to delete my post. Dear hidden HO/WP guy, I apologize if this has offended you but please let the members know that reply from HO or WP Staffs are NOT always 100% correct.

I hope you dont delete this reply of mine.

Chris
[/url]

[Biggie]

In regards to this issue, what happens when a work permit holder with Firm A gets a new job and Firm B applies for the work permit and gets the permit. But before the work permit holder applies for FLR with Firm B's work permit, Firm C offers him a position and he now wants to work with Firm C. Should Firm C apply for the permit and then he can apply for FLR with no problems??