Job hunting while application is pending with HO

[miki]

Is there anyone / know someone who got new job while Tier1 extn. (or any visa category) application status is pending with HO and also current visa is expired?

Is it really matters to new employer as status is pending with HO?
Or
Just few letters stating that application is pending with HO is more than enough to secure any new job ?

[dahokolomoki]

The employer will need to know at some point, and better at the beginning of your application rather than 5 interviews, 10 hours later.

If you had applied for the Tier 1 while your visa was still valid, then your visa is still valid as long as the application is with the Home Office. Thus you are legally allowed to work if your old visa gave you the right to work.

However, many companies will be unwilling to sign you on if they are unsure of your future legal status to work. They don't want to sign you, and then find out a month later that your Tier 1 was rejected (touchwood), and thus would probably favour another candidate not in the same position.

However, you should definitely disclose this fact to the company before attending interviews, as it is extremely selfish to waste their time and yours with interviews etc only to tell them afterwards. In fact, they might see that as a breach of confidence and take back their job offer just because of that.

Many companies, if you are what they need, will give you the offer as there is always the 3 month probation period where they can fire you without much cost in case you don't get the Tier 1.

[miki]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

[push]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

Legally you have a right to work while your extension application/appeal pending with HO.

[miki]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

Legally you have a right to work while your extension application/appeal pending with HO.

Thanks Push_Hsmp

Yes, that's correct. I have right to work but query is "will any employer really offer new job once they will know that visa is pending with HO ? "

I'll give an answer to this after few weeks as will have practical experience about the same.

[push]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

Legally you have a right to work while your extension application/appeal pending with HO.

Thanks Push_Hsmp

Yes, that's correct. I have right to work but query is "will any employer really offer new job once they will know that visa is pending with HO ? "

I'll give a answer to this after few weeks as will have practical experience about the same.

really depends on how discerning the employer is. Our HR team has an immigration solicitor's firm is on retainership and they provide adequate advice and support on WP/Tier-1 issues and also understand about what the approval process is. On the other hand, one of my friends working with a hedge fund (usually a small set-up of 4-5 ppl) had to apply for an early extension as the employer simply did not want to take a risk of employing someone who had just 8 months remaining on his HSMP VISA..... let us know how it goes for you. Good luck

[push]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

Legally you have a right to work while your extension application/appeal pending with HO.

Thanks Push_Hsmp

Yes, that's correct. I have right to work but query is "will any employer really offer new job once they will know that visa is pending with HO ? "

I'll give a answer to this after few weeks as will have practical experience about the same.

[miki]

Hello Dahokolomoki,

Thanks for your concern and suggestions.

I understand that its my moral responsibility to disclose my visa status in advance but this will harm my all chances to schedule any interview as agent would not take any risk by forwarding my CV when they have plenty of choice of candidates.(specially for my skill sets )

Atleast after interview, employer may find that legally I can work and I have all skill sets what they are looking for..so in that scenario atleast they may take risk.

Otherwise it means I should not look for job and just keep on waiting.....

May be best time to go for very long holiday.

Legally you have a right to work while your extension application/appeal pending with HO.

Thanks Push_Hsmp

Yes, that's correct. I have right to work but query is "will any employer really offer new job once they will know that visa is pending with HO ? "

I'll give an answer to this after few weeks as will have practical experience about the same.

really depends on how discerning the employer is. Our HR team has an immigration solicitor's firm is on retainership and they provide adequate advice and support on WP/Tier-1 issues and also understand about what the approval process is. On the other hand, one of my friends working with a hedge fund (usually a small set-up of 4-5 ppl) had to apply for an early extension as the employer simply did not want to take a risk of employing someone who had just 8 months remaining on his HSMP VISA..... let us know how it goes for you. Good luck

Thanks Push_Hsmp. Really appreciate all your kind help.

Wow...good to know these different stories about employer.

So it means there are chances and need to try my luck. (I know it's quite bad from last few months but still .... )

[push]

start?? What reasons do you have for not to??

[miki]

Update related to Job hunting - Spoke to many agents and everybody told that they would like to see visa copy before making any offer / contract. It doesn't matter to them that legally you can work, all employers are interested to see visa copy and look for valid until date.....

No need to worry now.

Finally Good news. Recv. passports back with extnesion visa till 5 March 2012.

Hip hip hurrey....Time to book long vacation. very much relaxed now.

Timelines.....

Category: HSMP to Tier 1 (Extention)
Applied: 18 Feb 2009
Reached HO as Dated on Ref. letter : 19th Feb 2009
Visa Expired: 5 March 2009
Visa Status:
Before 2nd Apr(No idea abt exact date) - Recv. call from Homeoffice to my employer.
2nd Apr (6 weeks completed) - Awaiting Further Consideration
3rd Apr to till last week - Under consideration

Made complaint - 28th May (after exact 14 weks)
Complaint Reply - 23rd June - Reason for delay - "Unable to locate your application within our agency"
Invloved local MP on 1st July. He sent letter to HO on 2nd July.

7th July - Recv. all docs and passports with visa extension till 05 march 2012.

Visa stamped on - 25th March 2009.

It shows that my application was misplaced somewhere for almost 3.5 months.

Thanks to everybody for all your kind support,help and suggestions.

Special thanks to push_hsmp.

All the best.