important after you get tier 1 ent visa

[EXCEPTIONAL]

Hi,

if you are working on a full time permanent positon during the processing of your tier 1 enterp application. once you have recieve your tier 1 visa successfully, you have to leave your job. but when you are doing a permanent job, you are legally bound by the contract to give notice and the notice period could be upto 1 month in most cases. what would be the best way because after getting tier 1 ent ideally one should not be working full time.

i could not find any explanation in any policy guidance about this situation.
seniors please suggest on this.

Thanks for your anticipation

[rehan01]

Hi,

if you are working on a full time permanent positon during the processing of your tier 1 enterp application. once you have recieve your tier 1 visa successfully, you have to leave your job. but when you are doing a permanent job, you are legally bound by the contract to give notice and the notice period could be upto 1 month in most cases. what would be the best way because after getting tier 1 ent ideally one should not be working full time.

i could not find any explanation in any policy guidance about this situation.
seniors please suggest on this.

Thanks for your anticipation

very good question .... legally you are not allowed to do any work apart from your business so I will recommend you to speak to your employer in advance and make them aware of the situation.

regards

[EXCEPTIONAL]

Thanks for your reply

Yes, you are right rehan, i understand one should not be working after he/she has received his/her Tier 1 Enterp.
but the point is, there should be a clear way out, its a grey area.

i don't think that the employer's will be happy to have an employee that can be unavailable at any time without any notice.

Senior's, lukapoka, tuliprose and other's please advise on this.

Thanks for your anticipation.

[rehan01]

Thanks for your reply

Yes, you are right rehan, i understand one should not be working after he/she has received his/her Tier 1 Enterp.
but the point is, there should be a clear way out, its a grey area.

i don't think that the employer's will be happy to have an employee that can be unavailable at any time without any notice.

Senior's, lukapoka, tuliprose and other's please advise on this.

Thanks for your anticipation.

Yes I understand that employer won't be happy but what choice do we have? And you are absolutely correct there is no straigt forward guidline on this either that person should leave work etc with in so many days etc.

Just wait for others reply may be someone have better solution to this or carry on working till u get ur visa and as soon as u get the visa tell your employer that by law I can't work but that is like keeping your employer in dark.

Also which category u have applied 50k or 200K?



Regards

[EXCEPTIONAL]

i have applied under 50 K, hopefully seniors will be able to advise something about it.

this will not be fair for the applicant if this has been left as a grey area,

[rehan01]

i have applied under 50 K, hopefully seniors will be able to advise something about it.

this will not be fair for the applicant if this has been left as a grey area,

If you have applied under 50k than u must have submitted a contract showing trading of business keeping this in mind how you are managing full time job and providing services for your business as mention in your contract at same time ?

[tuliprose]

Hi,

if you are working on a full time permanent positon during the processing of your tier 1 enterp application. once you have recieve your tier 1 visa successfully, you have to leave your job. but when you are doing a permanent job, you are legally bound by the contract to give notice and the notice period could be upto 1 month in most cases. what would be the best way because after getting tier 1 ent ideally one should not be working full time.

i could not find any explanation in any policy guidance about this situation.
seniors please suggest on this.

Thanks for your anticipation

You may continue working until you get Entrepreneur visa. As soon you get the visa, you should notify your employer and leave the job soonest.

At the time of extension, you would require last 12 months of evidences (3rd year of your initial leave). So you should not worry of working first month on your initial leave.

There are not any particular rules regarding your question, this is only my understanding.

Again, in case UKBA finds out then you can always justify with your employment contract.

[PaperPusher]

Working illegally is working illegally.

Just the same as if the OP was granted leave to remain as a visitor or as Tier 4 student with no right to work.

The employer could be fined, or even be prosecuted for knowingly employing someone who has no right to do the work in question.

[quantum1]

Speak to your employer about this. Giving notice is part of a contract between employer and worker. If you inform your employer, they can be flexible and allow you to leave without notice, or treat your period waiting for your visa as the notice period. It really is between you and the employer. I seriously do not think employer would mind not having notice given that the alternative is to employ someone illegally.

[EXCEPTIONAL]

it is arguable and can be challenged in the court because its ukba's responsibility to give a clear explanation of this to the applican'ts.

i have the following points,

1) its not possible for the applicant's to leave their jobs and sit home. how long they can afford to pay their bills from their own pockets, especially when UKBA's processing time is highly unpredictable. we have seen in recent cases that people are waiting for more than 6 months and still no one can say for sure how long further would it take to get a response from UKBA.

2)Secondly if someone suggest that they should quit the job and rely on their contract contract. with no visa in hands how big and for how long contract you can expect to get from businesses.

3) especially those people who have applied from tier 4 or from tier 2, they can't even do their business or work on their contract. shall they leave the jobs and pay their bills form 6 + months form their own pockets. (i don't think that will be fair).

in my opinion as soon one should get the visa they should notify their employer the same day, if its possible to leave form the next day that will be good but that will be on the discretion of employer.

what should he do otherwise ?
that's the question, and i hope there must be some fair answer to this.

[esic_sonia]

If you have 12 months of broadband or mobile contract and if your leave to remain (visa) in the UK is refused or terminated, broadband company still do not terminate your contract unless you pay in full.

Similarly, you were given job according to your circumstances at that time (PSW or Tier 2). If you are changing your circumstances (going to Tier 1), it is your responsibility to plan accordingly and inform relevant authorities before you get yourself into trouble.


Even on UKBA, it clearly state as follow:

Code: Select all

What is my immigration status while my application is being decided?

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

The last sentence clearly state that if conditions of your leave allows you to do so, now these conditions are not only UKBA related, they can be employer related too (if you are bound by contract)

[quantum1]

Its really your responsibility to ensure your things are in order.

[RizKCB]

Discuss with your employer before getting your visa about the situation and leave as soon as you get visa. Employers should be aware of the facts that they have employed an immigrant. Immigrants should also aware that they must not commit any unlawful activity to secure their immigration history. If you have earned then you can bear your living expenditures for 2-3 months.
OR
If you dont want to quit your job and aim to continue until visa then it could be little bit risky package.

Whatever package you like, you may continue; each one has pros and cons.

If you get visa and present your documents after 3 years for extension then it doesnt matter if you have done work for a month on notice period during Ent visa. Though it is illegal but your actual date of resignation would be more countable and keep a copy of it for your record.

[EXCEPTIONAL]

Thanks for all of your suggestions. i really appreciate your time and anticipation.

but i would like to add one more point.

UKBA's processing time and their outcome is highly unpredictable.

say for example , looking at the current processing timelines, if someone resigns when they will be close to processing his/her application. but if the outcome of the application is not in his/her favour and he/she has to go through appeal process that could take from 6 to 8 months. it would be really difficult to survive for 6 + months without job. and there will be no chance of getting another job without visa.

i really think there should be reasonable and fair way for immigrants when they switch from one category to another category and ukba should explain is clearly to avoid any confusion and breach.
we are all in the same boat so really any one of us could be in such an awkward situation.

[silverpearlz]

Thanks for all of your suggestions. i really appreciate your time and anticipation.

but i would like to add one more point.

UKBA's processing time and their outcome is highly unpredictable.

say for example , looking at the current processing timelines, if someone resigns when they will be close to processing his/her application. but if the outcome of the application is not in his/her favour and he/she has to go through appeal process that could take from 6 to 8 months. it would be really difficult to survive for 6 + months without job. and there will be no chance of getting another job without visa.

i really think there should be reasonable and fair way for immigrants when they switch from one category to another category and ukba should explain is clearly to avoid any confusion and breach.
we are all in the same boat so really any one of us could be in such an awkward situation.

Hi Everyone I applied for Tier 1 Enterprenuer visa in Feb with my business partner forming an enterpreneurial team. We registered a company in december and we are the directors. We did not send any contracts as we are a new company. working on the website and other advertisements right now. Is it mandatory to send a business contract. currently waiting for acknowledgement letter. can we send the contract with the application reference before giving the biometric details. £ 50 k in our joint account here and both on psw. Please give suggestions as soon as possible as we have to act quickly. Thanks

[silverpearlz]

Hi,

if you are working on a full time permanent positon during the processing of your tier 1 enterp application. once you have recieve your tier 1 visa successfully, you have to leave your job. but when you are doing a permanent job, you are legally bound by the contract to give notice and the notice period could be upto 1 month in most cases. what would be the best way because after getting tier 1 ent ideally one should not be working full time.

i could not find any explanation in any policy guidance about this situation.
seniors please suggest on this.

Thanks for your anticipation

Hi Everyone I applied for Tier 1 Enterprenuer visa in Feb with my business partner forming an enterpreneurial team. We registered a company in december and we are the directors. We did not send any contracts as we are a new company. working on the website and other advertisements right now. Is it mandatory to send a business contract. currently waiting for acknowledgement letter. can we send the contract with the application reference before giving the biometric details. £ 50 k in our joint account here and both on psw. Please give suggestions as soon as possible as we have to act quickly. Thanks
very good question .... legally you are not allowed to do any work apart from your business so I will recommend you to speak to your employer in advance and make them aware of the situation.

regards

[EXCEPTIONAL]

Silverpearls please continue your discussion in the relevant thread and don't duplicate it every thread.

i hope it will not offend you.

i have answered your question in detail in your original thread.

[EXCEPTIONAL]

Thanks for all of your suggestions. i really appreciate your time and anticipation.

but i would like to add one more point.

UKBA's processing time and their outcome is highly unpredictable.

say for example , looking at the current processing timelines, if someone resigns when they will be close to processing his/her application. but if the outcome of the application is not in his/her favour and he/she has to go through appeal process that could take from 6 to 8 months. it would be really difficult to survive for 6 + months without job. and there will be no chance of getting another job without visa.

i really think there should be reasonable and fair way for immigrants when they switch from one category to another category and ukba should explain is clearly to avoid any confusion and breach.
we are all in the same boat so really any one of us could be in such an awkward situation.

[RizKCB]

What I know that your previous visa conditions apply on you until you get first decision.
For example, if unfortunately the case goes on appeal, we cannot work then because our first decision is refusal. Therefore even on appeal it is illegal to continue work. For safe side to continue for our living expenses is separate issue.

I would personally recommend you to continue work and leave with appropriate notice as soon as you get visa. For example: if you get visa on 3rd March then put your resignation in written form on 3rd or 4th March. This date is important for you because you put the resignation right on receiving your visa. Now working for one month notice period doesn't matter. 3 years ahead of it with lot of business activities and extension requirements will kick out your one month work on notice period. Obviously you are not going to put a cover note on your extension application after three years that you did work on 1 month notice period.

[EXCEPTIONAL]

Thanks mate

[Hkpatel554]

Hi you can work as a business consultant for one month notice period. Don't take salary and just send him invoice for that month from your business as a consultant .

[nish_patel7]

Hi,

if you are working on a full time permanent positon during the processing of your tier 1 enterp application. once you have recieve your tier 1 visa successfully, you have to leave your job. but when you are doing a permanent job, you are legally bound by the contract to give notice and the notice period could be upto 1 month in most cases. what would be the best way because after getting tier 1 ent ideally one should not be working full time.

i could not find any explanation in any policy guidance about this situation.
seniors please suggest on this.

Thanks for your anticipation

Come on guys you dont need any clear guidelines for this from ukba, because the moment you get your entrepreneur visa you are legally not allowed to work and that means any company where you are working has to suspend you without the pay and eventually will terminate your contract on the basis of right to work documents. So the end story is you dont need to give them any such notice. It will be done by itself.

[rahulsingh1]

just give a normal notice on the day of receiving your visa. work the notice period off and move on.

Your company does not come and ask you to show your passport everyday to ascertain your visa status. So nothing will change. And there is no problem at all.

[EXCEPTIONAL]

Thanks Rahul