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Should Employer know our Visa Type WP or Tier-1 or HSMP

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Thambi
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Posts: 46
Joined: Tue Jul 22, 2008 6:28 pm

Should Employer know our Visa Type WP or Tier-1 or HSMP

Post by Thambi » Mon Aug 04, 2008 7:50 pm

Sushmetha/Coolguy/All

Do you have any idea if the employer should know our Visa type i.e Work Permit or HSMP or Tier-1. Unless & Untill our visa is valid why should our employer know about its type. Moreover is it a legal requirement that employee must tell the right visa type to the employer.
There are so many people with HSMP & Tier-1 but the employer is not aware of their visa type as they think they are still in Work permit.

Cheers.

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Aug 04, 2008 9:47 pm

See the UK BA website. It is an offence for an employer to knowingly employ someone who cannot work legally in the UK. If your WP visa is running out, they may ask you to get evidence of a new one, because they are aware of how long you can work.

When people start a new job they have to provide evidence that they can work legally. If it is something that runs out (WP/HSMP/Tier 1 not ILR) employers are supposed to do checks at least every 12 months (legislation from 29/02/2008)

The new PBS system has something in it about employers letting UKBA know if migrant workers switch to something else such as Tier 1 or spouse from a WP.

Right now though, there is no obligation for an employee to let their employer know that they have switched to Tier1/HSMP.

Why be worried about them knowing. Wouldn't it put you in a better bargaining position because you can just up and leave much more easily!! You can get promoted without the employer having to apply for a new permit!

Thambi
Newbie
Posts: 46
Joined: Tue Jul 22, 2008 6:28 pm

Post by Thambi » Mon Aug 04, 2008 11:23 pm

Thanks,
The problem is you need to get a job before they ask you to move offshore that too if your WP is running out say in one month time.
PaperPusher wrote:See the UK BA website. It is an offence for an employer to knowingly employ someone who cannot work legally in the UK. If your WP visa is running out, they may ask you to get evidence of a new one, because they are aware of how long you can work.

When people start a new job they have to provide evidence that they can work legally. If it is something that runs out (WP/HSMP/Tier 1 not ILR) employers are supposed to do checks at least every 12 months (legislation from 29/02/2008)

The new PBS system has something in it about employers letting UKBA know if migrant workers switch to something else such as Tier 1 or spouse from a WP.

Right now though, there is no obligation for an employee to let their employer know that they have switched to Tier1/HSMP.

Why be worried about them knowing. Wouldn't it put you in a better bargaining position because you can just up and leave much more easily!! You can get promoted without the employer having to apply for a new permit!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Should Employer know our Visa Type WP or Tier-1 or HSMP

Post by geriatrix » Mon Aug 04, 2008 11:59 pm

Thambi wrote:Sushmetha/Coolguy/All

Do you have any idea if the employer should know our Visa type i.e Work Permit or HSMP or Tier-1. Unless & Untill our visa is valid why should our employer know about its type. Moreover is it a legal requirement that employee must tell the right visa type to the employer.
There are so many people with HSMP & Tier-1 but the employer is not aware of their visa type as they think they are still in Work permit.

Cheers.
Why shouldn't you tell your employer about your switch to Tier 1 / HSMP category? An employer *sponsors* a WP for an employee. So when the employee decides to not make use of that sponsorship (by switching to Tier 1 / HSMP) why shouldn't the employee inform the employer of the same?

But, I guess, it all depends on personal circumstances and personal aims (and gains).


regards
Life isn't fair, but you can be!

Thambi
Newbie
Posts: 46
Joined: Tue Jul 22, 2008 6:28 pm

Re: Should Employer know our Visa Type WP or Tier-1 or HSMP

Post by Thambi » Tue Aug 05, 2008 8:24 am

Just because some employers don't like employee switching to HSMP/Tier-1 and they make sure the employee is sent to offshore as soon as they know about it. So you will not have enough time to try/get a new job and hence from abroad you need to try for a job which is not same as trying in country. Basically lose the advantage of direct interviews.

Currently based on the discusion looks there is no legal requirement for the employee to reveal his Visa switch (to employer) untill his visa is valid but employer has legal requirements to tell HO that all employees are in Valid Visa.

Does that mean legally employee will not be held responsible by the employer for not providing the correct Visa type?

[/quote]Why shouldn't you tell your employer about your switch to Tier 1 / HSMP category? An employer *sponsors* a WP for an employee. So when the employee decides to not make use of that sponsorship (by switching to Tier 1 / HSMP) why shouldn't the employee inform the employer of the same?

But, I guess, it all depends on personal circumstances and personal aims (and gains).


regards[/quote]

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