Wp to Tier 1 - Status while application is being processed

[wptotier177]

Hi, I am on a workpermit in UK since 2005 and the WP is valid till Dec 2009. I have applied for a Tier 1 general visa on 26th Jan 09 and am awaiting for the result. Due to unexpected circumstances, I am planning to resign from my current job this week. Can someone kindly advise me on the below two questions.
1. What will be my immigration status once i resign from my current job?

2. I have found a new job, and my employers are willing to sponsor a WP if needed. ( I doubt they have the license though). If my Tier 1 application is rejected for some reason, can i legally stay in the UK if my tier 2 application is filed immediately?

Thanks in advance.

[nksg]

Please find the answers below:

1. What will be my immigration status once i resign from my current job?

You have 28 days to file a new application.

2. I have found a new job, and my employers are willing to sponsor a WP if needed. ( I doubt they have the license though). If my Tier 1 application is rejected for some reason, can i legally stay in the UK if my tier 2 application is filed immediately?

Yes you can work if Tier 2 is filed by the new employer (Experts please comment).

[wptotier177]

Please find the answers below:

1. What will be my immigration status once i resign from my current job?

You have 28 days to file a new application.

2. I have found a new job, and my employers are willing to sponsor a WP if needed. ( I doubt they have the license though). If my Tier 1 application is rejected for some reason, can i legally stay in the UK if my tier 2 application is filed immediately?

Yes you can work if Tier 2 is filed by the new employer (Experts please comment).

Thanks for the reply nksg.
Regarding question 1, as i have already applied for my tier 1, does the 28 days constraint apply? Can i file for a Tier 2 application whilst my tier 1 is being processed.

[wp_to_tier1_168]

First of all, i wouldn't recommend you to take risk at resigning from your job. If so, your current wp visa will immediately expire in theory, although you will have 28 days legally staying here to file another application either for a new wp or another fresh Tier1. Now that you found a new job, you can await the Tier1 with peace of mind. Even if it fails, you can still ask your prospective employer to sort your new wp out. But it's better to first check their eligibility to do so.

Senoir member give a shout if i'm wrong.

[wp_to_tier1_168]

Now that you have filed your application for tier1, the 28 days rule doesn't apply. but you will have to withdraw your current Tier1 application if you apply for a new WP (Tier2).

Please find the answers below:

1. What will be my immigration status once i resign from my current job?

You have 28 days to file a new application.

2. I have found a new job, and my employers are willing to sponsor a WP if needed. ( I doubt they have the license though). If my Tier 1 application is rejected for some reason, can i legally stay in the UK if my tier 2 application is filed immediately?

Yes you can work if Tier 2 is filed by the new employer (Experts please comment).

Thanks for the reply nksg.
Regarding question 1, as i have already applied for my tier 1, does the 28 days constraint apply? Can i file for a Tier 2 application whilst my tier 1 is being processed.

[tvn_ramesh]

2. I have found a new job, and my employers are willing to sponsor a WP if needed. ( I doubt they have the license though). If my Tier 1 application is rejected for some reason, can i legally stay in the UK if my tier 2 application is filed immediately?
Thanks in advance.

Hi WP2T1777..

I would like to let you know (based on my experience/knowledge), think of these below points before you resign and give yourselves plenty of time for your Tier2...
by saying your new employer is willing to sponser Tier2(no more WP now), you having said they still do not have Sponser License leaves with lots of questions and hurdles...

1. They have to advertize the post in the newspaper as per the Guidance before going any forward - aprrox 4weeks pls check..
2. They have to apply for Sponser License which takes 3-4weeks including paper work if ur new organization is big
3. Than once your company advert is gone successfully for YOU, and once they got eh Sponser license
4. they can than give you the Uniquire Reference No (Certificate of Sponsership-CoS)
5. And than you can apply for the Tier2 applicatin with the CoS/ URN

So my suggestion is do not resign untill your current Tier1 results comes favourably for you AND/ if not
Do not resign till your new employer get the SPonserlicense (4weeks), Advert (4weeks), CoS(1week) so approx your new employer requires 10weeks to give your a confirm job offer..

My explanation may be clumsy.. but please go through the relevant thread in here..

http://www.immigrationboards.com/viewforum.php?f=39

Goodluck man.. You require this and goodluck with ur Tier1 application result..

Put up your timelines in the following thread to compare ur status with others

http://www.immigrationboards.com/viewtopic.php?t=34468

[nksg]

tvn_ramesh, agreed.. thanks for the detailed process...

[wptotier177]

Thanks everyone for the advice..

I would'nt be thinking of resigning if I had any choice. I guess the only thing i can do now is to hope and pray that my Tier 1 application is approved.

I presume i cannot underake any form of employment till my Tier 1 approval comes through.

[nksg]

Why dont you request for an urgent treatement as you have a valid reason.. change of Jobs...?

[wptotier177]

Why dont you request for an urgent treatement as you have a valid reason.. change of Jobs...?

Thanks again. But i thought urgent treatment is not available for Tier 1 applications. I could find a HSMP urgent treatment form, but none for Tier 1. Can you please clarify?

[drjabberwocky23]

Why dont you request for an urgent treatement as you have a valid reason.. change of Jobs...?

Thanks again. But i thought urgent treatment is not available for Tier 1 applications. I could find a HSMP urgent treatment form, but none for Tier 1. Can you please clarify?

Urgent treatment requests are applicable for Tier 1 as well.

[nksg]

you need to justify the reason with some evidance.. you can send it by fax...

to what i know email requests also works..

[wptotier177]

Why dont you request for an urgent treatement as you have a valid reason.. change of Jobs...?

Thanks again. But i thought urgent treatment is not available for Tier 1 applications. I could find a HSMP urgent treatment form, but none for Tier 1. Can you please clarify?

Urgent treatment requests are applicable for Tier 1 as well.

Should i use the HSMP urgent treatment form for Tier 1 as well?