Concerns - Change of employer

[narveer]

Hi,

I am currently on work permit which is valid till May'2010. I have been recently made reducdant and an umbrella company will be transferring my new work permit. However I have some concerns:

1. My Wife is a full time MBA student since last october and as a result we qualify for 25% rebate. Is the council tax allowance part of public funds ? If yes, is there any way I can return the 25% discount to the council tax authorities?

2. I have heard numerous stories about umbrella companies not getting WP Approval. Is it wise to go for an umbrella company or i should wait for some reputed company to sponsor my work permit ?

3. Is it true that I can start working before getting FLR on the newly issued work permit ? My current FLR is till 2010 which means I can apply within 6 months. Is this correct ?

4. I dont have a great bank balance as I had to pay for my wife uni fees, does it mean that FLR will be rejected because of lack of funds? (3k£)

Any help/suggestion would be helpful!

Thanks
V

[tvt]

1. My Wife is a full time MBA student since last october and as a result we qualify for 25% rebate. Is the council tax allowance part of public funds ? If yes, is there any way I can return the 25% discount to the council tax authorities?
--> Council tax reliefs and exemptions (unless you take Council Tax Benefit) are not considered public funds. In your case you should be totally exempt from council tax (class N) if you have a "No Recourse to Public Funds" condition of leave.

2. I have heard numerous stories about umbrella companies not getting WP Approval. Is it wise to go for an umbrella company or i should wait for some reputed company to sponsor my work permit ?
--> WP are not issued to employment agencies but some umbrella companies have managed to find a loophole and are issued WPs.

3. Is it true that I can start working before getting FLR on the newly issued work permit ? My current FLR is till 2010 which means I can apply within 6 months. Is this correct ?
--> No, if you have a condition in you passport like "Any Work needs to be Authorised" you have to wait for a fresh LTR vignette in connection with your new employment.

4. I dont have a great bank balance as I had to pay for my wife uni fees, does it mean that FLR will be rejected because of lack of funds? (3k£)
--> £3k would be enough provided that you can show regular income / regular future income to cover day to day expenses in the near future.

[mariosh05]

One minor correction in 2. class N is "The property is lived in only by students" and not people with no recourse to public funds

[tvt]

Start of excerpt


Council Tax (Exempt Dwellings) Order 1992

A dwelling is an exempt dwelling for the purposes of section 4 of the Act on a particular day if on that day it falls within one of the following classes—

...

[Class N: (1) A dwelling which is either—
(a) occupied by one or more residents all of whom are relevant persons;

(b) occupied only by one or more relevant persons as term time accommodation;

(2) for the purposes of paragraph (1)—
[(a) “relevant person” means—

(i) a student;

(ii) a student’s spouse or dependant being in either case a person who is not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits; or

...



End of excerpt


As you can see a student dependent who is barred from claiming benefits is exempt under class N in the same way as students are exempt.

[narveer]

Thanks for the detailed advice. Just to confirm, since I am a little naive when it comes to legal termiology, shall I assume I am on the right track i.e. I do not need take any further action relating to the same?