ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Dear pass, do you know, how long we can stay if we lost the job when we are on work permit......am asking this because one of my friend had this problem before.........actually he came through some agency and he worked for agencies client and getting paid through the agency.......but after that the client said he is reducing the staff and cut my friends job......but the agency said we will find another client.....so u can wait......but he issued p45 to my friend as he dont want to keep in the payroll with out paying......but the agency was sending him to different interviews and if he can come accross something he said he can join......Notsure07 wrote:
I had mentioned(in feb04) saying i was still with the first emPloyer all these troubles would not have come.
This could be the reason why you are allowed to continue. HO assumed that you're still with first employer, they only refused changing your job to second employer.
Under these circumbstances, you worked illegally from Feb 04 until Sep/Oct 05. This is against sprit of your first WP. Assume that if HO allowed you to stay until expiry of your first WP and you used that period to work for the second WP employer (who's application was refused) it will be considered inappropriate. This is applicable if you worked for anybody else.
You could make a subject access and get all info. HO have about you, review and then apply for ILR. You may have to wait for another 45 days!
This case is different. The agency seems to be your friend's employer (perhaps might have applied for the WP), unless the agency informs HO, they have no chance to know about his current status (even if P45 issued). They might re-employ him based on the existing WP (practically it has become void as soon as P45 issued). Here, the agency is misusing the WP.kck9 wrote:I dont think it will be problem NotSure, as you remember, u tried for shifting the work permit, they said ur new employers permit is rejected but u can continue with the old employer.......
the same way, now (if they think u r not eligible) they r going to say...u r not eligible for the permit bcas of blah ...blah reasons, but u can carry on until ur visa expires........
hope this helps.........
Dear pass, do you know, how long we can stay if we lost the job when we are on work permit......am asking this because one of my friend had this problem before.........actually he came through some agency and he worked for agencies client and getting paid through the agency.......but after that the client said he is reducing the staff and cut my friends job......but the agency said we will find another client.....so u can wait......but he issued p45 to my friend as he dont want to keep in the payroll with out paying......but the agency was sending him to different interviews and if he can come accross something he said he can join......Notsure07 wrote:
I had mentioned(in feb04) saying i was still with the first emPloyer all these troubles would not have come.
This could be the reason why you are allowed to continue. HO assumed that you're still with first employer, they only refused changing your job to second employer.
Under these circumbstances, you worked illegally from Feb 04 until Sep/Oct 05. This is against sprit of your first WP. Assume that if HO allowed you to stay until expiry of your first WP and you used that period to work for the second WP employer (who's application was refused) it will be considered inappropriate. This is applicable if you worked for anybody else.
You could make a subject access and get all info. HO have about you, review and then apply for ILR. You may have to wait for another 45 days!
in this instance.....
can my friend stay (without getting paid) until his visa expires....is it legal to carry on like that until he find the new job through that agency.......
please comment........
This is correctNotsure07 wrote:The reason you cannot claim for ILR at the momet is you had to seek fresh entry clearance in Dec2005. Therefore the five years period would be counted from Dec 2005 onwards.
Thanks for your comment Pass........This case is different. The agency seems to be your friend's employer (perhaps might have applied for the WP), unless the agency informs HO, they have no chance to know about his current status (even if P45 issued). He might re-employ him based on the existing WP (practically it has become void as soon as P45 issued). Here, the agency is misusing the WP.