HSMP to WP ....... URGENT Please help

[pr4t4p]

Hello,
I am currently under HSMP visa in the UK which expires on the 25th April'08, due to the recent changes of maintenance funds and PBS I can not apply for my extension, however my employer is willing to sponsor me a work permit.
My problem is my employer can only apply for my work permit after the 16th of April as the post has to be advertised for atleast 28 days. So what will happen if my work permit is not issued before my current leave to remain expires? Can I still apply for FLR under work permit section stating that am awaiting a reply from Work Permit department and if I can do that what will be work status?
Will it be better for me to apply for a FLR under tier 1 first which will let me work until the outcome of the application and probably after getting refused I get 42 days grace period to apply for work permit.
I am totally lost any help would be appreciated,
Many Thanks
Ajay

[gotcha]

Hello,
due to the recent changes of maintenance funds and PBS I can not apply for my extension, however my employer is willing to sponsor me a work permit.
My problem is my employer can only apply for my work permit after the 16th of April as the post has to be advertised for atleast 28 days.

I guess, there is transitional arrangement is in place for such cases, ie. Your employer can apply for WP , without worrying about advt. the job. But, you need to check , how to do it.
All the best !

[pr4t4p]

Hello,
Thanks for the information, I do know that there is a Transitional Arrangment, now in my scenario I have been with the employer at the same post for 13 months, but for the first 3 months I was on my recruitment agencies payroll as it was a temp to perm job and I have spoken to Home Office and they are not accepting that and saying you should have been on the same payroll for last 12 months, this is just ridiculous.
I dont really know what to do please helppppppp !

[gotcha]

Hello,
Thanks for the information, I do know that there is a Transitional Arrangment, now in my scenario I have been with the employer at the same post for 13 months, but for the first 3 months I was on my recruitment agencies payroll as it was a temp to perm job and I have spoken to Home Office and they are not accepting that and saying you should have been on the same payroll for last 12 months, this is just ridiculous.
I dont really know what to do please helppppppp !

Oh !
Then let your employer apply on 16th.
In my info. it does not matter , if your visa expires, and your application is pending with HO. Only thing , in case of refusal , you need to leave country as early possible.

But, confirm this with HO.

[pr4t4p]

Thank for all this help, basically I just need to confirm these 2 points,
1) Can I work if apply for Tier 1 ( currently under hsmp) and my visa expires while the application is being processed?
2) If my Tier 1 gets refused I have heard they give a grace period of 42 or 60 days something for your employer to file a work permit because I got my initial approval before nov'06 if am not wrong, in that scenario will I be able to work on my grace period while my employer is filing my work permit under transitional arrangement ( if at that point I have covered 12 months)or normally

[pr4t4p]

I just need to confirm these 2 points,
1) Can I work if apply for Tier 1 ( currently under hsmp) and my visa expires while the application is being processed?
2) If my Tier 1 gets refused I have heard they give a grace period of 42 or 60 days something for your employer to file a work permit because I got my initial approval before nov'06 if am not wrong, in that scenario will I be able to work on my grace period while my employer is filing my work permit under transitional arrangement ( if at that point I have covered 12 months)or normally

[hsmp40]

can i ask.. how about people who have got their initial approval letter after november 06...would they be able to switch to work permit if they do not score the required points or if their extension application get refuseed?

what option is available for them?

regards