Work Permit Transfer

talktome · Post by **talktome** » Tue Oct 26, 2004 12:54 pm

hi guys ,

I was currently in the process of getting a WP transfer.
As I understand its a two step process
1. Wherein the employers transfers/creates a new WP
2. Application for FLR

My question was
Would my previous employer know if my WP is getting transferred.
Also can I travel overseas during this period (atleast during the period when my WP is getting transferred), would my prev WP be still valid ?

Thanks

f2k · Post by **f2k** » Tue Oct 26, 2004 1:45 pm

your old employer wont know about your application. that application is between your new firm and WP(UK). if you have a valid visa for reentry you should be able to travel.

try-one · Post by **try-one** » Tue Oct 26, 2004 1:47 pm

I don't think your current employer would know about the transfer. The WP application is between the new employer and the HO, they should not contact your current employer.
Your existing WP is valid until : a- expires b- your LR expires c- Your contract with the employer ends.

If you go abroad either on work asignments or on holidays you are still working for the current employer thus your WP is valid, just don't resign and then go abroad as that would affect your WP. If you resign then the WP is not valid anymore and that affects the FLR.....

talktome · Post by **talktome** » Wed Oct 27, 2004 8:07 am

hi there,
Thanks for your reply..
Does his mean I shouldn resign until I get both my WP+FLR.
I was hoping to put in my papers once I get the WP.....pls advise

thanks

f2k · Post by **f2k** » Wed Oct 27, 2004 8:47 am

i would say dont resign, because if your present leave to remain is based on your current WP, the moment your present employer cancels the WP, that might mean you wont now be staying in the uk on the terms of your LTR as your WP will now be non- existant. the other thing is what if for some strange reason, you LTR application is rejected. so i think it is best you wait for the new LTR

talktome · Post by **talktome** » Sat Oct 30, 2004 1:08 am

thanks for your advice guys
one last question....
I might be travelling overseas on an assignment from my current co and say meanwhile my new employer is filing my wp and then flr
Do I have to be in UK when my new employer files the same..?
If not can i go back to my country of residence and get the new WP stamped from there...

try-one · Post by **try-one** » Sat Oct 30, 2004 7:43 am

Once you get the WP paper you can decide what to do, if your new employer gets the WP approval letter while you are abroad, he can send it to you and you can use it to go to any british consulate post and get the FLR (take all your documents to the trip , bank statements, payslips, contracts, etc) and then you can get a FLR on the spot without the UK waiting....

MWazir · Post by **MWazir** » Sat Oct 30, 2004 1:10 pm

try-one wrote:Once you get the WP paper you can decide what to do, if your new employer gets the WP approval letter while you are abroad, he can send it to you and you can use it to go to any british consulate post and get the FLR (take all your documents to the trip , bank statements, payslips, contracts, etc) and then you can get a FLR on the spot without the UK waiting....

Good idea, If kissnkar can do that it will be significantly faster than the current FLR incountry waiting period of 10-12 weeks.

talktome · Post by **talktome** » Sat Oct 30, 2004 9:31 pm

I guess you mean I can apply for a WP here and then go to my country of residence and get the FLR from there....
Does my employer need to specially mention that I would be getting my FLR from my country of residence, or are WP's very generic (in the sense there is no diff between in country applicants and overseas ones..)
do you guys see any risk here??

never say never:-)

thx again

try-one · Post by **try-one** » Sun Oct 31, 2004 11:03 am

WP are just a letter with a number and duration, type of work and salary....no reference regarding the FLR or ILR or anything like that, you can ask for the FLR from any british post abroad, the only problem might be if they ask you about your banks statements and such....take all your papers....

talktome · Post by **talktome** » Wed Nov 03, 2004 12:00 pm

hi ,
I called the home office today at this no 08706067766 to clarify whether I need to apply for an FLR. Maybe I have misunderstood this but currently I have leave to remain until April 2005 and the case worker there advised me that I only need a WP transfer and that I need not apply for FLR as its valid untill Apr 2005.....

does this make sense , coz I thought if you change employers you also need to reapply for FLR

try-one · Post by **try-one** » Wed Nov 03, 2004 12:05 pm

It makes sense......It could be that you will continue under the WP immigration category.... I didn't thought about that.....

MWazir · Post by **MWazir** » Wed Nov 03, 2004 1:37 pm

I would cross check again with the HO. Some members of the forum have complained in the past that when calling HO twice, two different people have given two different answers.

Did she say what was the process to get a WP transfer? Your passport will need to have a different stamp as the current visa on your passport will have the work permit reference of your previous employer.

talktome · Post by **talktome** » Wed Nov 03, 2004 11:02 pm

hi,
I had a friend call the home office too and he got a diff answer , he was told that he would need to apply for an FLR, I guess the safest thing is to apply for
an FLR again but I am told the waiting time is 8 weeks ....

Kayalami · Post by **Kayalami** » Thu Nov 04, 2004 8:27 pm

Notice

The Home Office have today (4 November 2004) announced an interim policy applying only to Work Permit Holders who obtain a New WP (changing job and or/employers) to commence working for the new employer on the basis of only the new WP i.e. you do not require FLR for the new WP. However you must apply for FLR within six month of the issue of the new WP. The interim policy is due for review in the new year - IMHO (Kayalami) it will continue in place until the HSMP backlogs are cleared. Note however that the Home Office have published a consultation document to their proposals for hiking FLR fees substantially (GBP500+) from March 2005. It is thus best to apply for FLR prior to then. The new announcement is retroactive i.e. it applies to all WP's approved where applicants are waiting for FLR but by default rules out those whose WP was issued more than 6 months ago

Refer to new approach in change of employment cases and HSMP FAQ - Q8/IED FLR for further details.

ND · Post by ND » Fri Nov 05, 2004 10:19 am

Kaya,

Do u think this applies to people who are on WP now and received HSMP Approval letter ?

Although most of the members feel the same i just though of clarifying this with u ?

talktome · Post by **talktome** » Fri Nov 05, 2004 10:48 am

hi Kayalami,
Thanks for the info , this is also available on the site

http://www.workingintheuk.gov.uk/workin ... cases.html?

all the best guys

ejobs01 · Post by **ejobs01** » Fri Dec 24, 2004 11:03 pm

Hello Everyone,

Sorry for raking this topic again, but thought of clarifying certain other doubts some of us including me have.

1. Does the Work Permit transfer have to go through the same process as the original one, i.e does the company have to advertise for the vacancy prominently and the prospective candidate have to apply for the post whereby the company have to justify the selection of this prospective candidate? Or is it a simple application for the transfer of the Work Permit.

2. If there is a different process for the Work Permit transfer, then could someone please share their experience.

3. Which are the forms to be filled in for the transfer of the Work Permit?

Thanks in advance to everyone.

Sincerely

george_by · Post by **george_by** » Mon Jan 03, 2005 2:40 am

ejobs01 wrote: 1. Does the Work Permit transfer have to go through the same process as the original one, i.e does the company have to advertise for the vacancy prominently and the prospective candidate have to apply for the post whereby the company have to justify the selection of this prospective candidate? Or is it a simple application for the transfer of the Work Permit.

2. If there is a different process for the Work Permit transfer, then could someone please share their experience.

3. Which are the forms to be filled in for the transfer of the Work Permit?

1,2. There isn't such thing as WP transfer in the law - new company has to apply for a new Work Permit. If new job is the same as an old one, vacancy does not have to be advertised.

3. The same as for new Work Permit - see http://www.workingintheuk.gov.uk .

George

Immigrationboards.com: Immigration, work visa and work permit discussion board

Work Permit Transfer

Work Permit Transfer