Girlfriend's employer forgot to apply for new work permit!

[mafff257]

Hello

This is my first post and I am desperate for some advice for my girlfriend.

My girlfriend is originally from Hong Kong but has lived in this country for ten years both as a student and has worked for about the past seven years. She is a pharmacist and got a work permit in 2005 to work with a company and she worked full time for them until 2007 when she got a new job with the NHS but continued to work for the original company part-time.

Now because of a possible promotion it has come to light that the NHS never applied for a new work permit!! Where does my girlfriend stand with this as things have been messed up through no fault of her own? Her contract with the NHS has today been terminated and they are going to try to apply for a new work permit. Is the HO likely to grant this or refuse it because of the mistake? If they refuse will she have to go back to HK straight away? The whole business has really upset both of us. Any advice would be appreciated. Thank you.

[try-one]

Maff257;
please provide details on the visas she held; if she has been legally for 10 years she can apply for ILR; if she has been working (with a work permit) for 7 years she can apply for ILR.....so, please provide details on the type of visa and sequence and we can suggest alternatives..
If she only had a wp since 2005 and expired in 2007 then there may be no options apart of going back to her home country and applying for a EC based on a new work permit....dates and details would help

[Hope2007]

Hi try-one,
where is that 7 years coming from for wp ?
is it not 5 years ?

thanks

[PaperPusher]

Unfortunately your girlfriend has been working illegally since 2007. A work permit holder can do supplementary employment for another employer, as long as they carry on doing the work permit employment as well, but not by changing to part time for the initial employer.

Anything above 20 hours a week for another employer is breaking the law. I say breaking the law because working illegally has been against the law since the 1971 Immigration Act at least - possible prison for 6 months and/or a fine, as far as I can remember. Nevertheless, almost no one gets these penalties, but they do get removed.

On the downside if the NHS wants to apply for a new permit there could be problems getting the permit or/and the leave.

She would need five years' in the UK on a work permit before she could apply for ILR on that basis.

You say that it is no fault of her own, but she should not have even started a new job until the employer had permission to employ her, and then she would have had to get leave to remain to work for the new employer. It is her responsibility to work legally and comply with any conditions on her leave.

Have a look on the UKBA website & see if your girlfriend could get ILR on the basis of 10 years lawful stay.

If she gets a work permit, she could apply for leave again.

Also, could she apply as your unmarried partner? (should have lived together for 2 years)

This is a bit of a mess, and her HR department should share the blame for their shoddy practices.

PP

[mafff257]

PP

Thanks for the speedy reply. Doesn't look that good for her really then does it..

Unfortunately we've only been together a year so not long enough to apply for an unmarried partner visa.

Can I just ask, is she allowed to work at all now for her original employer is this not wise as her work visa is now invalid?

How long can she now stay in this country? Is it best for her to stay and apply for new visa here or go back to HK and apply there. She has a mortgage on her flat here and everything so not going to be easy to sort out.

What a mess!

Try one

She has been in this country since 1998. 5 years on a student visa, 1 year work permit, then new 5 year work permit but now messed up by the NHS!