cancelation of WP and switch to tier 1

[fromsrikant]

Hi,

I am on WP (valid till Jan-2010) and my employer is planning to send me back to India 31 July-08. If I apply for Tier 1 switch on Monday- 7/Jul/08, can I stay back in Uk based on the Tier 1 switch application itself?

[geriatrix]

Unless you can somehow convince your employer to postpone your return by atleast 6-7 weeks more, there's no point in applying now 'coz current waiting time is 10 weeks (as advised by UKBA).


regards

[fromsrikant]

Thanks sushdmehta for your response. Another question:
Is it legal for me to resign from my job (and hence stay back in London) on the basis of the application and stay in UK?

[urgentr]

Hi,
If urs is an ongoin project you can very well negotiate saying that you have applied for tier 1 and hence it will take 2 months time from today and get your stay extended. Or if the project is over then you can consider taking a leave for 20 days and stay back here in UK itself and go back after to get your visa. But what ever it is dont delay anymore.
Thanks

[geriatrix]

Is it legal for me to resign from my job (and hence stay back in London) on the basis of the application and stay in UK?

You have the legal right to remain in UK until the time a decision is reached on your application.

I am however unsure whether you'll be allowed to remain in UK if your Tier 1 application is refused (wouldn't quitting the employer invalidate your leave to remain as WP holder?), or as is usual, you will be asked to leave the country within a stipulated time period (28 days). Will leave it to others to confirm this point to you.

regards

[nevadawipes]

HI fromsrikant,

If you resign from your job while you are on WP or your employer terminate the contract because of any reason, then you would have to find a job within the same field in which you were given a WP at the first place within a month and also with an employer who is willing to apply for the WP for you. if you fulfill both the requirements as above, You will be allowed to switch from one employer to another on WP basis.

As far as Tier-1 is concerned, you should apply for tier-1 ASAP. you are legally allowed to stay in UK till the time your application is with HO, even after your employer has terminated your contract provided you apply before the 31st july i.e in your case the time he ill cancel your relationship with him


Regards


Grant!

[nevadawipes]

Here is the link regarding the info which i provided you in my earlier post:


http://www.ukba.homeoffice.gov.uk/worki ... lications/