Work Permit: Concerns over change of employer

[arjun]

I have been on a Work Permit since 2003, and recently left that job to join a new company in a similar field. I was aware that this would require some sort of application for change of employment, but held off because I was on a 3-month probation period with the new job.
Having just done some research, I realise I may have made a big mistake in moving before applying for consent. It seems that my actions might have invalidated my Work Permit, and any request now to change employment will be rejected.
I do not want to jeopardise my future prospects of living/working in the UK, so am very concerned about not doing anything outside of the rules. I am therefore planning to leave the country and the new job asap.
Does anyone have any advice on my options? Ideally, I would like to continue working in the UK in my new job by applying for a change of employer, but I not sure if this is now possible. Is this situation recoverable?

Your help is greatly appreciated
Arjun

[tvt]

A WP holder cannot work for any other employer other than the one who is named on his WP. The only exception is some moonlighting work outside normal working hours.

This is a tricky situation because both you and your new employer (maybe inadvertently) have acted illegaly. Your Leave to Remain / Enter is invalid as it was given only in connection with your previous employment.

If you leave the UK and seek new entry you will have to declare on the VAF1 application form that you have overstayed. It is very likely you will be refused a visa.

You should consult an immigration expert as this is clearly not a DIY business.

[Dawie]

If you leave the UK and seek new entry you will have to declare on the VAF1 application form that you have overstayed. It is very likely you will be refused a visa.

It would be a little rash to do that. There is no way that they could know that he broke the terms of his WP.

[Jeff Albright]

If you leave the UK and seek new entry you will have to declare on the VAF1 application form that you have overstayed.

Where does that form ask that question, I wonder?

It is very likely you will be refused a visa.

And what is that Rule that says that he will be refused a visa after having "overstayed" as you reckon?

You should consult an immigration expert as this is clearly not a DIY business.

It is up to the person to decide whether it is a DIY business or not. Most lawyers will not offer advice any better than that one given on the Internet, for example. In many cases some reading and study using the online material is all that required.

[Jeff Albright]

advice on my options?

As long as your previous employer has not informed the Work Permits UK that you have left - you are safe and forget about worrying of doing anything illegal because what you need to think about now is how to go ahead and not to look back. Many employers do not remember about this or simply not doing it in order not to complicate your life unnecessarily (the employers are not obliged by law to inform the Work Permits UK).

Just approach your new employer and talk to them. Tell them that you have just found out that you need a work permit. But before doing that find out whether they do work permits at all. If you find they don't, see what other options you have, for example you may qualify under the HSMP. If not, still find the way of asking your employer to help you with the Work Permit, because you may be valuable to them and they will be prepared to assist you in order to keep you. You also have to understand that Work Permits are not automatic and you must demonstrate that you are really skilled and it will be difficult for them to find someone with your skills in the UK and EU.

Good luck!

[rooi_ding]

If you’re previous employer has not informed the HO that you have left then you should ask your new employer to apply for a new WP.

There is supposed to be a 28 day period that the HO gives you to find a new job. If you make a new application within that 28 period your employer does not have to show that they advertised the post. You would go through the same procedure as when you applied for your original WP.

The best thing to do is to download the WP application for from the IND website it gives you guidance on what you need to provide.

A small suggestion when the new employer writes the supporting letter you should consider that they write it from the point of view that you are just about to take up the new position.

Another thing is that I hope the position is of a similar skill level as your previous employment as the IND will need further supporting evidence if it is of a higher skill level

BUT IF YOU DO QUALIFY FOR A HSMP YOU SHOULD PROBABLY GO DOWN THAT ROUTE

All the best and this time read all the rules.............................that apply to the visa

[Joseph]

The 28-day period only applies when the HO is aware of your leaving your employment and when they have sent you a letter formally notifying you of the 28-day period. If you leave the country and then apply for a new visa, you would not have overstayed in my opinion. But I don't think doing that would be necessary...

Given that this 28-day notification hasn't happened, I believe your best and easiest option is to have your new employer apply for a new work permit ASAP. The fact that you have been working for 3 months hopefully shouldn't become an issue; it doesn't have to be stated on the WP application that you are already working for them. You may have filed a P45 when you left the old and started the new job, but this will probably not come to light, and all of this will become irrelevent once you have worked over time under the new WP.

Do not leave the country and attempt to return under the old WP. Given the amount of time an HSMP application takes and because you have to show the last 3 months of earnings, I wouldn't apply for HSMP at this time either. Go for the WP with the advice of an immigration lawyer if necessary; your employer should also want to do this quickly and properly to avoid being liable for an immigration offence.

Joseph