Workpermit holder not working for Employer

Rahulparavastu · Post by **Rahulparavastu** » Fri Jan 14, 2011 11:52 am

Hi All Experts,

I am in a strange situation please help, I got workpermit from X company and with in a month or so of joining, Company delcared redundant and it doesn't exists anymore. My bad luck.

How ever I am still on same old workpermit for the past 1year, I am trying to find new sponsor for next WP. I have traveled to my home country 2 times within this period of time. Will this affect my new application on tier 2 sponsor? Any help would be much appreciated.

Post by **geriatrix** » Fri Jan 14, 2011 2:44 pm

Are you a Tier 2 migrant or a pre-PBS WP migrant?

regards

Rahulparavastu · Post by **Rahulparavastu** » Fri Jan 14, 2011 3:44 pm

Hi Thanks for your reply

I am on Pre-PBS WP

Post by **geriatrix** » Fri Jan 14, 2011 3:59 pm

Since your employment has ended prematurely, check with UKBA if you have the right to remain in the UK and for how long? Living in the UK illegally will affect your ability to apply for further leave to remain / entry clearance.

regards

Rahulparavastu · Post by **Rahulparavastu** » Fri Jan 14, 2011 4:32 pm

I heard that it is not more than 28days, either to find new employer or to leave the country. If that was the case, then why didn't they stop me at immigration when I flew back from my home country? I hope it make sense.

Post by **Greenie** » Fri Jan 14, 2011 4:55 pm

They didnt stop you because they didnt know you were no longer working for your employer.

Rahulparavastu · Post by **Rahulparavastu** » Fri Jan 14, 2011 5:05 pm

Yes, thats exactly what I want to hear... So, does it technically means that my employer has not done it bit of work of informing HO about the situation?

Post by **geriatrix** » Fri Jan 14, 2011 5:18 pm

Irrespective of whether the employer informed UKBA of your situation (and that of all sponsored employees), what should concern you is whether your stay in the UK is legal or not.

The employer not informing UKBA of your redundancy / termination doesn't translate into your permission to remain being valid (still) until the expiry date on your visa. Neither does IO not stopping you at the airport make it valid - had you told the IO that you had stopped working for the sponsor, in all probability he would have cancelled your visa then and there (321A).

In all likelihood, you are an overstayer in the UK. It will be in your interest to get confirmation of status from UKBA at the earliest.

regards

Rahulparavastu · Post by **Rahulparavastu** » Mon Jan 17, 2011 4:15 pm

Thanks for your reply, I understand what you are saying.. But how to approach HO with the current situation, would they offer any option for me to find another sponsor?

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Workpermit holder not working for Employer

Workpermit holder not working for Employer