WP - Change of Employer - Does it re-set ILR clock?

pokes · Post by **pokes** » Fri May 18, 2007 3:46 pm

I am on a work permit and intend to change my job to a new eployer who is willing to apply for a fresh work permit for me.

I have eight more months to go before I can apply for ILR under the current work permit.

The question is: does a new work permit for the new job re-set the five-year clock required for ILR? In other words, will I have to wait for another four years, four months before applying for ILR due to the the new work permit?

Please advise. Thanks.

Pokes

Post by **John** » Fri May 18, 2007 3:56 pm

The question is: does a new work permit for the new job re-set the five-year clock required for ILR?

No!

But do be aware that following the issue of the new WP you will need to apply for a new visa, using form FLR(IED). Failure to do that might well jeopardise the application for ILR.

The FLR(IED) form needs to be submitted as soon as possible after the issue of the new WP, and certainly before the expiry date of your current visa .... and absolutely no later than 6 months after the issue of the new WP.

arhangelsk · Post by **arhangelsk** » Sun May 27, 2007 2:30 pm

Thanx JOHN for everything you are doing on the forum it is really huge help to a lot of people it will never be forgotten much thanx

your post is very comprehensive but may i ask you to clarify a little bit

in HO what are they look at the most important applCATION for WP before the expiry of current VISA or application for FLR on time before the expiry of current visa

and what is more important submission of the application or obtaining visa on time

in my case my second company applyed for WP more than a month prior
and received confirmation from HO 20 days before the expiry of my visa
i do not remember when they applyed for my second visa the only thing is that my first visa expired on the 28/11/2004 and i received my second visa with the date 21/12/2004

my problem is that i do not know when my 2 nd company applyed on time or not
do HO process visas for less than 1 month

please help

nitaz08 · Post by **nitaz08** » Sat Feb 16, 2008 12:08 am

John wrote:
The question is: does a new work permit for the new job re-set the five-year clock required for ILR?
No!

But do be aware that following the issue of the new WP you will need to apply for a new visa, using form FLR(IED). Failure to do that might well jeopardise the application for ILR.

The FLR(IED) form needs to be submitted as soon as possible after the issue of the new WP, and certainly before the expiry date of your current visa .... and absolutely no later than 6 months after the issue of the new WP.

What if the FLR (IED) is applied 6 months after the new WP is obtained but still have 3-4 years work permit remaining?

paulp · Post by **paulp** » Sat Feb 16, 2008 11:22 am

arhangelsk wrote:in HO what are they look at the most important applCATION for WP before the expiry of current VISA or application for FLR on time before the expiry of current visa

and what is more important submission of the application or obtaining visa on time

in my case my second company applyed for WP more than a month prior
and received confirmation from HO 20 days before the expiry of my visa
i do not remember when they applyed for my second visa the only thing is that my first visa expired on the 28/11/2004 and i received my second visa with the date 21/12/2004

my problem is that i do not know when my 2 nd company applyed on time or not
do HO process visas for less than 1 month

please help

It's not a matter of importance, the application for FLR(IED) must have been sent before the expiry of your current Leave to Remain or you became an overstayer.

You probably should ask your company the date that they sent your application and if they kept any proof of postage.

nitaz08 · Post by **nitaz08** » Sat Feb 16, 2008 11:53 am

But my prev WP is still valid for another 4 years.

The new one was applied because I change employer. So why do I need a new FLR (IED)?

I am so confused.

HO never asked for my passport or anything from me.

sakura · Post by **sakura** » Sat Feb 16, 2008 12:01 pm

Whenever you get a new employer, you get a new work permit and new FLR. That's just the way it works.

Did you not apply for FLR when you found a new employer?

nitaz08 · Post by **nitaz08** » Sat Feb 16, 2008 12:24 pm

I don't know as my new emp did all the paperwork and then they told me that the HO had approved my change of employer WP.

That is why I am confused.

I still have the EC which states my WP will be valid until 2011.

nitaz08 · Post by **nitaz08** » Sat Feb 16, 2008 12:25 pm

sakura wrote:Whenever you get a new employer, you get a new work permit and new FLR. That's just the way it works.

Did you not apply for FLR when you found a new employer?

That is what I always assume, but apparently this seems a bit odd for me. I don't really understand this and really confusing.

paulp · Post by **paulp** » Sat Feb 16, 2008 2:06 pm

nitaz08 wrote:What if the FLR (IED) is applied 6 months after the new WP is obtained but still have 3-4 years work permit remaining?

If you don't apply for FLR(IED) within 6 months of getting a new WP, I was under the impression that the new WP is cancelled and you will have to apply for a new one.

The old EC was given for the old work permit and a new Leave to Remain is required for the new work permit.

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WP - Change of Employer - Does it re-set ILR clock?

WP - Change of Employer - Does it re-set ILR clock?

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