status of tier1 app if current visa is cancelled?

[hursh]

Hi,

My wife is on WP. Her employer wants her to go back. She wants to apply HSMP before she goes back so as to start her application before rules change.

Her employer is saying that they will send a letter to HO and ask for visa to not to be given or current WP to be cancelled.

My questions:
1. What will happen if her application has been submitted to HO and then employer asks HO to cancel her current WP or not to give visa. what will be her visa status?

2. Will this affect her application? She has all points and no cases/convictions, nothing illegal etc

Plz dont ask how employer got to know abt things. They threw a surprise at very last moment.

[nksg]

Hi,

As per the WP rules, in case of termination of employement or asked to go offshore (in your case).. you have 28 days to leave the country or switch to any other catrgory. In your wife's case once her employer sends formal request to cancel the WP, you have 28 days.. (to leave or to apply for T1)..

Also employer cannot stop processing of T1 visa as its a PBS.. so if points calculator makes you eligible for T1, just collect the supporting documents and apply for T1.

NK

[wptotier177]

Hi,

My wife is on WP. Her employer wants her to go back. She wants to apply HSMP before she goes back so as to start her application before rules change.

Her employer is saying that they will send a letter to HO and ask for visa to not to be given or current WP to be cancelled.

My questions:
1. What will happen if her application has been submitted to HO and then employer asks HO to cancel her current WP or not to give visa. what will be her visa status?

2. Will this affect her application? She has all points and no cases/convictions, nothing illegal etc

Plz dont ask how employer got to know abt things. They threw a surprise at very last moment.

I doubt if your employer can actually influence HO about issuing / not issuing a Tier1 visa.
If you already have your salary statements sealed and signed, you can go ahead and apply. You will have a problem only if HO call up your employer to verify the salary slips. I dont think this happens in all cases.

She cannot apply for Tier 1 and go back to your country as the passport has to be submitted along with the application.

finally, once you apply for Tier 1, you can legally stay in the country till your application is decided. For a WP holder, you need to apply within 28 days of WP visa getting cancelled / expired.

Seniors can advise further.

[hursh]

hi,

Thanks for your views.I need one more clarification.

My wife's WP is expiring soon. In case employer does send the notification to cancel the WP, will she still get the 28 day grace period. Even if this grace period goes beyond the expiry date of her visa?

I know employer cannot do much, but I want to look at the possibilities and make things crystal clear for us before we take any step.