any grace period for WP transfer?? urgent!!

nishakothari · Post by **nishakothari** » Mon Feb 18, 2008 9:09 am

'm workpermit holder with visa valid till 2011.. i have been working with the A company for 9 months.. and recently i got another better offer from B company... i accepted the offer and gave all my docs to get my WP transferred.. the legal people from that B company told that it would take more or less 3 weeks to get WP transfer.. and also they have made my application to the home office.. meanwhile, i gave my resignation to my previous A company. after a month, A company has cancelled my WP... and so, i had to come out of the company... till now i havent got my WP transferred... when my present company's legal person called the home office.. thay said due to backlog at christmas time, it takes time.. also its under process... its been more than a month 'm waiting for my papers...

is that ok for me to stay in this country now?? how long can i wait for that? is there any grace period??

Wanderer · Post by **Wanderer** » Mon Feb 18, 2008 9:17 am

You can't transfer a WP, only cancel the old and apply for the new.

You get 28 days grace and it looks like you've gone over that already, not a position you want to be in in view of the new blacklisting penalties for overstayers....

Smit · Post by **Smit** » Mon Feb 18, 2008 1:40 pm

Nisha,

You need to tread carefully.

Work permits cannot be transferred, if you want to change employment, your new employer will need to apply for a new work permit for you and there is a possibility that this is not issued.

You should not have resigned from Co. A until Co. B had been issued a work permit for you as the clock started ticking against you from the date Co. A cancelled your permit.

My advise would be to lodge a FLR (IED) application ASAP as this will protect your existing leave to remain (and provided you are not out of time already) and submit a covering letter explaining that Co. B has lodged a WP application for you and you are still awaiitng the outcome on this. Co. B's legal team should advise you on this.

There are substantial backlogs currently on WP applications in the Home Office.

Good luck

VictoriaS · Post by **VictoriaS** » Mon Feb 18, 2008 1:45 pm

I disagree.

As the application for the new permit is with the Home Office and you have valid leave on your passport, then you are fine to remain here until the Home Office finish with the WP application.

The only time you would need to worry would be if the current visa expires or if the Home Office curtail it.

Victoria

Immigrationboards.com: Immigration, work visa and work permit discussion board

any grace period for WP transfer?? urgent!!

any grace period for WP transfer?? urgent!!