Job Lost...Urgent help needed

shiju31 · Post by **shiju31** » Sat Apr 11, 2009 10:45 am

lolzz.... gud to see that some great ideas are coming to hide a situation....keep it up guyzz

Visa_Novice · Post by **Visa_Novice** » Sun Apr 12, 2009 11:06 am

Could any senior member give reply to my all the 11 queries one by one.
I would be greatful to you.

Please help me.
Thanks

lidlekiwi · Post by **lidlekiwi** » Sun Apr 12, 2009 11:35 am

tapindersingh wrote: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.

is this correct? its a simple yes or no....?
can i be rude and ask how you know this?
i have heard that they are getting really tough now and declining visa's for no real reason.....

take unpaid/paid leave, taking leave is your right so you do not need any bahana.

Post by **ChetanOjha** » Sun Apr 12, 2009 11:36 am

Hope This Will Help

1. You have applied for Tier-1 before your WP expire/revoked. I think you are still covered under the term that you have applied for Visa and awaiting result. You can maintain status-quo for your wife's status.

2.If company lays you off and does not cancel your WP, you still have valid WP. For HO, you are still an employee of your company.Its your company's responsibility to update your status with HO. You will not be in fault anyway as you have already applied for Tier 1 and awaiting result.

3.Refer Anwer 1 above.

4.This is a tricky and lengthy question. In short, you company has to make sure you do not starv to death.Also since you are on your company WP, you are occupying space in their WP license pool. Which makes me think that you company will immediately cancel your WP so It can get somebody else onboard in your place. If you company doesn't cancel your WP, it will simply waste its WP licence.

5.NO. Your new employer will ask for your Visa status and ask your to submit the details. They won't hire you if you do not have valid visa and You cannot lie to them.It will be criminal offense. BEAWARE.

6. You wife "can" inform her employer that you have applied for Tier 1 and you want to change status from WP to Tier 1. She do not have to tell them you are out of project and not have WP(as you are awating result). She should inform her status change (especially visa related) to her employer. In worst case, her emplyer can step in to help.

7. You do not have to inform them. You are awaiting result(which HO know anyway) and your previous employer will inform them.But if you still want to inform them..help yourself..

8. Refer 7 above.

9.This will not affect your application. Decision will be taken on the documents you have provided.Ifyou have covered everything in your application and explained properly, you should be fine.It either Black or White. Their is not grey part in it.

10. Yes you can do that. You can opt of Emergency/Urgent treatment. You have to provide convincing reason for the same. Many people in this forum has done it.

11. Indian Companies generally doesn't lay off people in UK(mostly in India). They send people back to India. Laws in UK are more stringent than India. Since you are on deputation in UK, company cannot fire you here. They have to send you back india and fire there

[Other members can correct me if this is incorrect]

Suggestion: If I were you, I would have kept my head down and wait silently for Tier 1. Applying for Tier 1 doesn't mean approval of Tier 1. You should calmly consider all availably options in hand and DO NOT PANIC. A simple wrong step(which is generally harmless) in these situation can bring disaster.

destiniation_london · Post by **destiniation_london** » Sun Apr 12, 2009 12:00 pm

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.
I have informed my Indian company that I have applied for tier-1 and now I am waiting for their action.
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)? - Presuming your indian company does not fire you, then that would mean you are still on the WP sponsored by them and you are on some sort of holiday or may be on bench, in that case your WP is till valid and your wife can work on dependent visa as she used to work before.
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)? - This, as far as i know, is not possible because legally the employer is ought to inform Home office about any change of circumstances of an employee. So, if they lay you off, they would be informing HO about your resignation and cancellation of your WP. In that case, as your application is under consideration, you can legally stay in UK, but i am not sure if your wife can work - i am having a feeling, she can't - maybe senior members would be able to answer this more accurately.
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)? - same as above.
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... ? -This must be mentioned in your appointment letter, although i think it must be just allowance.
5) Can I work for a new employer on WP of old company for the transition period(WP to tier-1) ? - No, you can't. you would need to get the WP transfer to your new employer. And as per the new rules, your new employer would need to follow a lot more strict rules like advertisement of job, sponsorship license, etc.
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 ? - [Yes, ideally she should be. Because it might land her employer in trouble. it would be case of employing an illegal immigrant and they might end up paying 10k for it to HO.
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 ? - it does not matter in which order HO is informed, as long as they are kept informed. Anyways, once your company lays you off, they would surely be informing HO about your condition.

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 ? - let your employer inform them.
9) Does this change of circumstance affect my tier-1 application in positive or negative way ? - I don't think it has any impact on your application for Tier 1.
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 ? - I don't think HO is considering urgent treatment at the moment, but anyway they would surely not consider this scenario as urgent treatment matter.
11) If my Indian company lays me off in UK then what all legal compensatino I can ask from them ? - don't know, but indian companies are very smart, they must have got your siganture on some form which takes away your rights for any compenstion. Although, i am not sure, maybe senior members could help u on this.
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...

Visa_Novice · Post by **Visa_Novice** » Sun Apr 12, 2009 12:47 pm

Questions on which I am still not clear and need further inputs from senior members:

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 lays me off in this period, and cancel my work permit)? -

2) If my Indian company lays me off in UK then what all legal compensatino I can ask from them ? They have not taken my signature on any such paper which takes away my rights of compensations. Also, I do have my deputation letter with me which do not have any such clause .

One more question:

3) Can I initiate early consideration of my application to HO based on my wife's exams that she is supposed to write in June first week (If I do not receive my passport before two weeks of her exams). I have read in this forum that HO is not considering urgent treatment at the moment ? is this true ?

Please help...

Post by **ChetanOjha** » Sun Apr 12, 2009 1:14 pm

Visa_Novice wrote:Questions on which I am still not clear and need further inputs from senior members:

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 lays me off in this period, and cancel my work permit)? -

She can work on the grounds that you are awaiting result for your application. Please read my comment in the earlier thread.

2) If my Indian company lays me off in UK then what all legal compensatino I can ask from them ? They have not taken my signature on any such paper which takes away my rights of compensations. Also, I do have my deputation letter with me which do not have any such clause .

Even if you do not have deputation letter it is still considered deputation or in some cases secondment.Boy you do not have right for compensation as your company is not laying you off. It is asking you to go back to India and promising the job(which it originally did). You are the one who is trying to escape. Forget about compensation.. Don't cloud your judgement for hypothetical situations.

3) Can I initiate early consideration of my application to HO based on my wife's exams that she is supposed to write in June first week (If I do not receive my passport before two weeks of her exams). I have read in this forum that HO is not considering urgent treatment at the moment ? is this true ?Please help...

You can apply for Urgent treatment.Can you use exam as your reason or not is another question, which I think you cannot.

Visa_Novice · Post by **Visa_Novice** » Sun Apr 12, 2009 2:24 pm

Thanks chetanojha .

Visa_Novice · Post by **Visa_Novice** » Sun Apr 12, 2009 6:39 pm

Today I had a discussion with one of my friend who is working on HSMp for last 4.5 years. As per him, even if your WP has expired your wife can still work for 28 days. Is this correct ?

Post by **ChetanOjha** » Sun Apr 12, 2009 9:30 pm

28 days is the grace period in which you are required to leave the country.So if you visa expires, you would have 28 days to leave the country.

THINK POSITIVE...."You will get more of what you FOCUS on"

Visa_Novice · Post by **Visa_Novice** » Thu Apr 16, 2009 11:46 am

Can I request urgent treatment based on following reasons:
1. Early closer of project.
2. My wife is going to write exams in India in this month end.

Proofs:
1. I might get proof from company stating my project closer, but not sure of that. If company is not ready to issue me such letter than what shall I give as a proof ?
2. I can give proof of my wife studying (College I-Card) and circular of exam from college(Scan copy) and contact details of the head of the Department (HOD) of college.

Are the documents written by me above sufficient as proofs to get my application considered for early consideration.
Also, can only reason number 2 is sufficient to get my application considered for urgent treatment ?

Please advice.
Thanks

Visa_Novice · Post by **Visa_Novice** » Thu Apr 16, 2009 8:34 pm

1. Could any body share the format of the cover letter I should use for this perpose.
2. I have mentioned some of the details of my client(Work phone number) in the cover letter where I was working and which is now closed.As I have lost my project (I am still employee of my Indian company) should I use change of circumstances form and inform HO about this new developement ?
3. If I do not inform HO about this new developement and if they come to know about it while checking my application can they reject my application based on that ?
4. do application processing takes longer than usual if we submit change of circumstance form ?

Any experienced member please advice .
Thanks.

Visa_Novice · Post by **Visa_Novice** » Fri Apr 17, 2009 10:12 am

Could any senior member please reply to my last two posts.

Thanks.

BeHonest · Post by **BeHonest** » Fri Apr 17, 2009 11:14 am

Though I am not a senior member, I spent a lot of time in knowing these things. Here are my views.

2) Call HO whether yr situation will be considered under urgent treatment.
When my friend asked them giving a similar situation they said this is not an urgent matter and advised to apply from India. You dont need to send any change of circumstances form in your situation. It is Legally OK. This period is called transition period. U dont need to give them any proof for the project closure.

3) No
4) No ( I think 'change of circumstance form ' will be considered if it is sent before a decision is taken)

Visa_Novice · Post by **Visa_Novice** » Fri Apr 17, 2009 5:40 pm

My wife has started work after my tier-1 application. I have not mentioned in my application that she is working. Now do I need to inform HO that she is working and get NOC from her employer and give it to HO ?

Visa_Novice · Post by **Visa_Novice** » Sat Apr 18, 2009 9:07 am

Could any body please share cover letter /matter for cover letter for my case. I am planning to file for urgent treatment of my application based on my wife's exams, today.

Please help...it is urgent...
Thanks.

maheshnair · Post by **maheshnair** » Sat Apr 18, 2009 10:08 am

Visa_Novice wrote:Could any body please share cover letter /matter for cover letter for my case. I am planning to file for urgent treatment of my application based on my wife's exams, today.

Please help...it is urgent...
Thanks.

I am not sure wifes exam will be considered urgent ...
Anyway try ur luck ...

Visa_Novice · Post by **Visa_Novice** » Sat Apr 18, 2009 11:12 am

I have created a new post for my Urgent treatment application.

Thanks

BeHonest · Post by **BeHonest** » Sat Apr 18, 2009 2:58 pm

not needed

BeHonest · Post by **BeHonest** » Sat Apr 18, 2009 3:00 pm

Visa_Novice wrote:My wife has started work after my tier-1 application. I have not mentioned in my application that she is working. Now do I need to inform HO that she is working and get NOC from her employer and give it to HO ?

not needed

AP_Tier1 · Post by **AP_Tier1** » Tue Mar 30, 2010 12:50 pm

Visa_Novice wrote:I have created a new post for my Urgent treatment application.

Thanks

Hi,

I came across this thread... although it is old post but i am still keen to know what happened in the end to him.

Does anyone know?
Visa_Novice.... if you still follow this forum, please update if you can.
This can happen to any of us.

.... Apology for bringing back old thread......

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Job Lost...Urgent help needed

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