work permit status

[SAPIENT]

Dear Friends,

I have a query on my status change from work permit to tier-1.

I shall be travelling to uk on my work permit from company X.
I shall apply for tier-1 visa upon my arrival in UK.

Can I still work under the work permit of company X?.
Will company X get to know about my status change?.

Any word of caution / advice in this matter

Thanks a Ton

[try-one]

SAPIENT,
Your WP - Entry Clearance is valid until it expires OR until you cease employment with the sponsor OR until you change the EC OR until you break the conditions of the WP (changing duties or working for someone else....etc).

Your tier-1 application and approval is independent from the WP, your employer will not be notified.....
When you change your entry clearance from WP to Tier-1 the WP will cancelled by HO and replaced with the new EC for tier-1. It would be advisable to tell your sponsor about this....but it would be you who would tell the employer not the HO.

[SAPIENT]

Dear Sir,

thanks a lot for the response.

what will happen if
a) i get tier-1 and travel out of UK
b) donot inform my employer abt the change in EC from work permit to tier-1?.
c) return to uk and get stamped based on tier-1?.

will anything change from my employer X's perspective?.

Rgds

[try-one]

a) i get tier-1 and travel out of UK
b) donot inform my employer abt the change in EC from work permit to tier-1?.
c) return to uk and get stamped based on tier-1?.

...
You get the Tier-1 EC on your passport (invalidating the WP), leave the Uk for a few days, return to UK, entry stamped on your tier-1....normal, not a problem, no issue.
Your employer will not be informed, however they are sponsoring you and for example if your employer sends a note to HO saying that you increased your salary, the employer changed name, if the employer renews information with HO or registers with the HO as part of the new immigration system....then there is a possibility that they would find out and then they will ask....so, no automatic mechanism to inform employers of EC changes on sponsored WP holder....but, life is full of surprises and they may find out.
I would asume that you want to keep your current work until you find something better, not a good idea to upset your employer by telling them that the chain has been broken and you can work for any employer.....I would do the same to be honest....just try to keep it to a short period and you would avoid surprises.

[SAPIENT]

Thanks Sir,

When you mention about invalidate my workpermit, do i need to travel out of the country and come back again, once i get my workpermit?.

In any case, is it fine to inform my employer about the tier-1 after i get the tier-1 visa?.

worst case would be : i will be asked to travel back to my country and serve a bond period of 6 months.

also, if my employer is fine with me working on tier-1 ( based on trust).... are there any legal changes that the employer has to make?.

Rgds

[try-one]

When you mention about invalidate my workpermit, do i need to travel out of the country and come back again, once i get my workpermit?.

No, the new EC (tier-1) will invalidate/cancel the previous one (WP)

In any case, is it fine to inform my employer about the tier-1 after i get the tier-1 visa?.

Yes, within a few weeks you would be fine

worst case would be : i will be asked to travel back to my country and serve a bond period of 6 months.

That would affect your tier-1 renewal....remember that you need certain income in the past months before you renew your tier-1 visa....plan carefully....is your employer planning to pay you in the UK?

also, if my employer is fine with me working on tier-1 ( based on trust).... are there any legal changes that the employer has to make?.

They must inform the HO that they no longer sponsor your WP (as you don't have the WP any more - don't need it anymore)

[SAPIENT]

Quote:
worst case would be : i will be asked to travel back to my country and serve a bond period of 6 months.
That would affect your tier-1 renewal....remember that you need certain income in the past months before you renew your tier-1 visa....plan carefully....is your employer planning to pay you in the UK?

yes, my employer will pay me a decent salary which will help me during my extension period.

Quote:
also, if my employer is fine with me working on tier-1 ( based on trust).... are there any legal changes that the employer has to make?.

Quote:
They must inform the HO that they no longer sponsor your WP (as you don't have the WP any more - don't need it anymore).

In Summary,
I shall get the Tier-1 during my stay in UK and try to get a job while in UK.
Inform my employer and quit the organisation after paying the bond amount . [/quote]