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A STRANGE Case

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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webhunter
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Posts: 391
Joined: Sun Jan 15, 2006 9:49 am

A STRANGE Case

Post by webhunter » Tue Jan 24, 2006 2:30 pm

Here's a strange case.

I am in the UK on a work-permit, however I lost my job just before I applied for the HSMP.

Ideally the current situation is to either leave the country or get the work-permit transferred to a different company. I got an employer who is willing to do the transfer, but I kept him on hold till I receive the HSMP approval decision.

Now, the interesting part. Assuming that I will get the HSMP approval, will there be a problem for the EC as I wont be able to show the payslip for the last month.

Please let me know how to handle this situation so that I can be well prepared. Many Thanks..

itsme
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Posts: 260
Joined: Fri Mar 04, 2005 12:31 am
Location: UK

Post by itsme » Tue Jan 24, 2006 3:01 pm

webhunter,

there is nothing like "transfer" of workpermit. new employer has to issue a fresh workpermit.

IMHO it is better to accept workpermit by new employer. by doing is this you will not be over-staying in the country ( if your workpermit is cancelled by your existing employer who issued workpermit )

- if your HSMP is approved can get EC without leaving the country
(again provided your existing WP is not cancelled)

wishing your HSMP will be successful

webhunter
Member of Standing
Posts: 391
Joined: Sun Jan 15, 2006 9:49 am

Post by webhunter » Tue Jan 24, 2006 3:28 pm

Thanks for your comments.

I understand that there is no real concept of a 'transfer'. However it is referred to when an existing work-permit holder is switching a company ( ofcourse by applying a new work-permit from a different company).

The key is, a fresh work-permit application to bring in some one to the country has different rules than an in-country applicant swtiching the company. (For example, job advertisement for 30 days and other relevant proofs are not required ). In almost 99% of the cases the transfers are approved.

My question was more to do with EC for HSMP, as I was wondering it might be mandatory to submit the last month's payslip which I will not have.

Just wanted to add that my employer gave ample time(around 30 to 40 days) before which he will cancel the work-permit . However, I will not be paid from the time of termination ( thought WP is not cacelled).
Last edited by webhunter on Tue Jan 24, 2006 3:33 pm, edited 1 time in total.

itsme
Member of Standing
Posts: 260
Joined: Fri Mar 04, 2005 12:31 am
Location: UK

Post by itsme » Tue Jan 24, 2006 3:32 pm

i dont think it is mandatory to submit salary slip for getting EC approved.
i switched from WP to HSMP (in country) submitted only bank statements.
IMHO couldnt see any clause where salary slip is mandatory..

webhunter
Member of Standing
Posts: 391
Joined: Sun Jan 15, 2006 9:49 am

Post by webhunter » Tue Jan 24, 2006 3:35 pm

Thank you. That relieves me.

Is it mandatory that the bank statement includes the last months salary credit as well ( as I will not have that entry in the statement).

fpvt2
Junior Member
Posts: 97
Joined: Thu Feb 06, 2003 1:01 am

Post by fpvt2 » Tue Jan 24, 2006 4:23 pm

>The key is, a fresh work-permit application to bring in some one to the >country has different rules than an in-country applicant swtiching the >company. (For example, job advertisement for 30 days and other >relevant proofs are not required ). In almost 99% of the cases the >transfers are approved.

Did you mean that when someone is switching a company while on work permit, the job advertisement for 30 days is not required ?

Thanks.

webhunter
Member of Standing
Posts: 391
Joined: Sun Jan 15, 2006 9:49 am

Post by webhunter » Tue Jan 24, 2006 4:34 pm

Yes, thats what I exactly meant. Since the person is already here they dont need to advertise and prove the recruitment.

Atleast thats what I think so, unless other experts think otherwise. Anyway lets not delve deep into WP details here as this is a HSMP forum, lets consider its relevancy to my HSMP case.

try-one
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Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Wed Jan 25, 2006 9:26 pm

Hi Webhunter,
Play it safe; go for the new Work permit with the company willing to sponsor it. Think about royal mail loosing your envelope.....the computer at HO crashing....your case working asking for additional documents or plain and simple refusing the aplication....
go for the WP NOW, then sit and wait for the HSMP and you can transfer to HSMP very easy......don't risk it!
-------------------------
Life is a journey, not a destination (S. Tyler)

webhunter
Member of Standing
Posts: 391
Joined: Sun Jan 15, 2006 9:49 am

Post by webhunter » Thu Jan 26, 2006 10:31 am

Unfortunatelly, I submitted my passport with the application. So will wait for an other week before I withdraw my HSMP application and apply for the work-permit instead.

Also, I am told that the HomeOffice can not have two applications with them at the same time. For example currently my HSMP application is with them, I am not sure if my employer can make a work-permit application at the same time.

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