- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Visa_Novice wrote:Hi,
I am an employee of an Indian IT company and working for a client in UK.
Recently our Indian company has lost their UK client and our Indian company has asked us to go to India immediately.
I have applied for WP to tier-1 + 1 dependent few days ago (Before loosing the job in UK). Now I have been left in a trap. The moment I tell them that I have applied for tier-1 they are going to lay me off. Could any one tell me
1) What shall I do? Shall I inform my Indian company that I can not go to India as I have applied for tier-1(In this case I am running the risk of loosing my job without having neither visa nor job.not sure whether I will get visa or not)?
2) Is there any other reason (BAHANA) I can tell them by which I can stay here for next 1.5 months so once I receive my passport I can go back to india ?
3) My wife is working here on dependent visa. If this company lays me off then whether my wife is allowed to do work legally here as my work permit is valid till Dec 2009?
4) What in such cases Indian IT companies generally do ? I mean, Do they initiate cancellatino of work permit of employee if they lay off the employee in the cases as of mine. If they initiate the cancellatino of work permit then I am not with any legal visa so does my wife allowed to do work ?
I am sure my questions are not clear enough and do not deserve any clear cut answer but still if any body has similar experiance then they can share their experience so they I can forsee what can or what might happen to me as well.
Thanks
If I were you I will follow tapindersing's suggestions.Firstly, you need to evaluate your tier 1 application. If you qualify with required points and you have maintenance funds for yourself and your partner and none of you have breached your visa conditions then you will get tier 1, its a simple yes or no system.
secondly, you need to evaluate your incomes/standard of living/future prospects of living in UK compared to India. If you think UK is better then take your stand & resign.
OR
take unpaid/paid leave, taking leave is your right so you do not need any bahana.
You can stay in UK as long as your tier1 application is processed, you need to leave country if it's negative.Visa_Novice wrote:Also, how long a person can legally stay in UK on his work permit if his project has finished :
As above.1) If company is allowing to stay (but without pay) ?
I think company as no say in your future. Because, you have already applied for tier1.2) If company is not allowing to stay ?
They can fire you, that's all.3) What can a company do if employee is not leaving the country ?
You should consider the fact that, he has already applied for tier1, so WP cancellation has no bearing, he can stay here as long as his tier1 decision is given.BeHonest wrote:If your company inform HO as soon as you leave the country, the work permit will get cancelled. In that scenario, even if you have the visa until year end in your passport, it has legally no value.
tier1_king wrote:Visa_Novice, wat about my idea below ...
Tell your employer that you shall be leaving as per their request ..
But you don't leave. After the day you are expected to be in India, call and tell them some of these reasons for which they can't deny you leave
-you have a fracture in your leg
-you have jaundice or chicken pox
-your father is serious and u need to be with him
and take a leave for a month or so and be here in UK till you get the tier1 visa.
Then if you want, join your company back in India or you can resign and come back to the UK.
I know that transition period is legal (WP- T1) ,he can stay here, his wife can work.That's why I mentioned,if he wanted to save UK job, at the expense of Indian job,it wont affect his ILR.gotcha wrote:You should consider the fact that, he has already applied for tier1, so WP cancellation has no bearing, he can stay here as long as his tier1 decision is given.BeHonest wrote:If your company inform HO as soon as you leave the country, the work permit will get cancelled. In that scenario, even if you have the visa until year end in your passport, it has legally no value.
Visa_Novice wrote:My work permit is valid till Dec. 2009. My wife is working here as my dependent. She is on training but she is receiving salary here.
1) If I am out of project and waiting for my tier-1 then does my wife allowed to work on dependent visa in this period (If my Indian company does not fier me in this period)?
2) If I am out of project and waiting for my tier-1 then does my wife allowed to work on dependent visa in this period (If my Indian company lays me off in this period, but do not cancel my work permit)?
3)If I am out of project and waiting for my tier-1 then does my wife allowed to work on dependent visa in this period (If my Indian company lays me off in this period and cancels my work permit as well)?
4) What all legal libalities my Indian company has for me if I am staying in UK on workpermit and waiting for tier-1 visa e.g. Insurance, salary, etc... ?
5) Can I work for a new employer on WP of old company for the transition period(WP to tier-1) ?
6) Do my wife need to inform her employer that I am out of project and my WP might not be valid after few days ?
7) Do I need to inform home office about my change of circumstances (before my employer informs them) or its fine if I inform them after my employer inform them to cancel my WP. I think I need to inform HO for change of circumstance ?
8 ) What all will I have to inform HO about this situatino and what exactly I will have to inform them and how I should inform them ?
9) Does this change of circumstance affect my tier-1 application in positive or negative way ?
10) Can I initiate early consideration of my application to HO based on this abrupt closer of my project and need to travel back to India ?
11) If my Indian company lays me off in UK then what all legal compensatino I can ask from them ?
I know I have a long list of questions, but I am so stuck that I have left with just questions...nothing else...
Please help...