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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.
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...
She can work on the grounds that you are awaiting result for your application. Please read my comment in the earlier thread.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)? -
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.
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 .
You can apply for Urgent treatment.Can you use exam as your reason or not is another question, which I think you cannot.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...
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.
Hi,Visa_Novice wrote:I have created a new post for my Urgent treatment application.
Thanks