redundancy and new wp

[applepie123]

I was granted a wp with a validity of 2 yrs (from Jan 2002 until Jan 2004) . After 6 months, I was made redundant with a months notice(June 2002). I stayed on until September 15 looking for a new employer. I did find a new employer and they made a fresh wp application on y behalf. However, while it was in process, there was a family emergency at home and I had to return to my home country (India).

Now I am working for a UK headquartered company in Bombay. I have been working here for 7 months. My company wants to send me on a business trip to the UK (not yet decided where on a business visit visa or a wp).

Is there I chance I might be refused entry because of the record of overstay? Please note My passport number has changed since 2003 becuase my old passport had expired.

[MWazir]

You said you had been made redundant in June 2002. However, you are technically employed during your notice period so your date of employment should be considered finished in July 2002.

Also when your employment has been terminated, its the duty of the company to inform the home office. Do you have any idea if they did that? If they didnt then you should be on a valid visa even in Sept 2002.

[applepie123]

I know that the company that laid me off did not inform the home office.
However, the second company had made the application for a fresh wp on my behalf. When I had to come back to my home country for the family emergency, the second company informed the home office that my plans have changed and that I will be leaving the country within 15 days, which is what I did.

[Alagomeji]

That is A TOUGH one. I daresay it will depend on the country you apply from. if you apply from good countries, like SA or Hong-Kong, it might not matter, but some other countries (e.g nigeria) they are pretty likely to hold it against you. Then again, you had a VALID Visa when you stayed in the UK, so perhaps it's not a problem? Is there any clause on your WP that states that you can't stay in the UK when the job is over?

[MWazir]

Alagomeji

Is there any clause on your WP that states that you can't stay in the UK when the job is over?

WP technically ends either at the date of expiry or the day employment is terminated. You have 28 days to leave the country after than. In applepie123 case he is sure his old employers did not inform the HO about the termination of employment, hence the 2-3 months he spent in the UK after the end of his employment should not be a problem as the HO would not have cancelled the work permit.

[vin123]

WP and immigration are totally 2 different streams.

If you have immigration status to stay in this country till a date, there is nothing illegal in your stay for finding in a new job and employer to process the permit

For applepie,
As someone already suggested, its always a good idea to apply for immigration clearence from your own home country after the WP is approved .
The approval outcome in this case depends on how far its clearly evident about your 'over stay' to embassy person doing your case.

[rogerroger]

i am not sure if the Work Permit guys and the passport office share databases. i know this guy on a WP who was laid off and made trips into and out of the UK. i know this other guy who was doing the same thing till the immigration officer at heathrow asked him his status(we al lhave been asked our status) and he said i have been laid off, his passport was impounded and he had to go to court and all. he was sent back to his country of origin.

this was some time back, las year he managed to come back on a visitors visa fo ra visit of course, he has since retruend. i hope this gives you an idea of the processes and the flexibility of the visa offciers