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Work Permit Query?

General UK immigration & work permits; don't post job search or family related topics!

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alpha man
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Joined: Tue Oct 03, 2006 11:43 am

Work Permit Query?

Post by alpha man » Tue Oct 03, 2006 11:49 am

Hi guys,

Just a quick question regarding transfer of a Business & Commercial work permit, I have been on the permit for a year and have just been offerd a position with a diffrent company with a much higher salary, initial salary at the time of getting the work permit was 18K and have been offered 25K with the new company.
Would the transfer be a problem coz of the jump in the salary?

olisun
Diamond Member
Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Re: Work Permit Query?

Post by olisun » Tue Oct 03, 2006 1:42 pm

alpha man wrote:Hi guys,

Just a quick question regarding transfer of a Business & Commercial work permit, I have been on the permit for a year and have just been offerd a position with a diffrent company with a much higher salary, initial salary at the time of getting the work permit was 18K and have been offered 25K with the new company.
Would the transfer be a problem coz of the jump in the salary?
AFAIK WP cannot be transfered and your new company has to apply for a fresh WP...

alpha man
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Joined: Tue Oct 03, 2006 11:43 am

Post by alpha man » Tue Oct 03, 2006 2:44 pm

but the position and job title is similar so why do i have to make a fresh application

jjustyy
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Location: Cambridge, UK
Ireland

Post by jjustyy » Tue Oct 03, 2006 2:56 pm

The whole point of the work permit scheme is that it is granted to a specific person for a specific role within a specific company.

This is because the company has to advertise the position and prove that the vacancy cannot be filled by someone from the EEA. This will have been the case for your current employment, but the new employer has to prove to the IND that this was also true for them.

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Tue Oct 03, 2006 9:11 pm

alpha man wrote:but the position and job title is similar so why do i have to make a fresh application
Because that's just the way it is.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Smit
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Posts: 375
Joined: Sun Jun 26, 2005 8:23 pm
Location: London

Post by Smit » Wed Oct 04, 2006 1:52 pm

I do not know much about WP's so here goes:

In the OP's case, does the new employer need to advertise the position if the OP's job description remains the same?

I do not think an increase in salary would have any impact on the application as this is in line with natural progression and each application would be treated on its own merits.

If the new application is rejected, would it affect the existing WP i.e. can the OP continue working with the old employer as if nothing ever happened?

Thanks in advance for your responses.

timefactor
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Location: london-UK

Post by timefactor » Wed Oct 04, 2006 2:19 pm

from my past experience:-

Employer need not to advertise as long as job description & title remains same

WP holder can continue with current employer, in case of refusal of new WP application (HO clearly mention in the refusal letter that, "result of this refusal you don't have to leave the country as your current WP is valid for xxxx dates")

Increase in salary will not be an issue (once i had £9k increase in salary when i changed job)

Smit
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Location: London

Post by Smit » Wed Oct 04, 2006 3:42 pm

Thanks timefactor.

neilroy
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Post by neilroy » Wed Oct 04, 2006 4:17 pm

I did had exactly the same experience as Timefactor. I submitted job description of new and old job as part of the application to prove that i am moving to same job in differnt company. I also had a salary increase of £8k which was no problem. My workpermit application was submitted on wednesday and i got letter of approval by following tuesday. No problem

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