Catch 22!! Converting from WP to Tier 1 PBS. Help Please!!!

[anxiouswait]

Hello,

I have been going through the innumerable posts with alot of useful information about the newly introduced Tier 1 PBS. It is heartening to see so many people willingly offering help and advise to others

Firstly, let me explain my my situation. I am currently working in the UK on WP. I have now got a good offer from a multinational company (which I will be accepting very soon). However, the only problem is my workpermit. It expires only in december of 2012. I am not sure if I can ask the HR of my prospective company to transfer the WP into their company's name since the WP rules are changing in Sep/October and from then, they will have apply for a license for every WP holder they employ which means shedding money. They might aswell employ a British/EU national without spending any!

I have now decided to convert my WP to the Tier 1 PBS which will allow me to move freely between companies. I currently undertake supplementary work as a consultant for 20 hrs (legally) apart from my full-time employment. I want to show this as my earning in the UK in order to qualify for tier 1 and I am also willing to get a letter from an accountant.

I appreciate that trasferring the WP into the new company's name is much less of a hasssle but the new rules being implemented from sep/oct are a real PAIN!

I know it sounds really complicated but could someone please tell me if this can be done and if so how? Am I following the right procedure. Will I need to send them any additional documents proving my supplementary work is legal and salary I am paid?

Also, from the various posts I have read, I have understood that the time line for Tier 1 as of now is 5-6 weeks? Is this right?

Many Thanks in advance!!!

[balu114]

To my knowledge (I'm not sure though) one should not work for any other employer other than for company for which your WP allows you to or independently . So I wonder whether your supplementary work as Consultant is legal as it is clearly not for the employer who processed your WP.

Please do a proper legal research on the WP and other immigration laws before you proceed with PBS Application.

[anxiouswait]

To my knowledge (I'm not sure though) one should not work for any other employer other than for company for which your WP allows you to or independently . So I wonder whether your supplementary work as Consultant is legal as it is clearly not for the employer who processed your WP.

Please do a proper legal research on the WP and other immigration laws before you proceed with PBS Application.

Hello Balu114,

Thanks for the message.

As far as I am aware, I think it is legal as it clearly states behind my work permit that 'supplementary work on part time basis can be undertaken as long as it is related to the current work I am employed to do'.

I will also try and find out at other places.

Cheers

[fardeens]

Supplementary employment
This page explains if you are allowed to do any other work outside your normal hours for which your work permit allows.

A person who has a work permit is able to undertake work, provided:

it is outside of their normal working hours;
it is no more than 20 hours a week;
it is in the same profession and at the same professional level for which the holder's work permit was issued;
they are not employed by a recruitment agency, employment agency or similar business to provide personnel to a client (does not apply to Sports and Entertainments work permit holders); and
for the Sectors Based Scheme (SBS) arrangements only, is for a job within the same industrial sector as the employment for which the SBS permit was originally issued.
The work permit holder is not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us


from here http://www.ukba.homeoffice.gov.uk/worki ... mployment/

[anxiouswait]

Supplementary employment
This page explains if you are allowed to do any other work outside your normal hours for which your work permit allows.

A person who has a work permit is able to undertake work, provided:

it is outside of their normal working hours;
it is no more than 20 hours a week;
it is in the same profession and at the same professional level for which the holder's work permit was issued;
they are not employed by a recruitment agency, employment agency or similar business to provide personnel to a client (does not apply to Sports and Entertainments work permit holders); and
for the Sectors Based Scheme (SBS) arrangements only, is for a job within the same industrial sector as the employment for which the SBS permit was originally issued.
The work permit holder is not allowed to enter self-employment, set up a business or join another business as a director or partner without obtaining further permission from us


from here http://www.ukba.homeoffice.gov.uk/worki ... mployment/

Thanks for the info fardeens.
I did read this bit of info on the HO website. I just hope it will be valid once I send my documents for tier 1 stamping. You are never sure what will be considered and what will not be considered as relevante info by the case workers. Since my situation is a little complicated, I am a little nervous before I apply.

Also, from what I gather reading through the other posts, does it take a min of 5-6 weeks to hear from the HO whether you have been successful or otherwise with your applications?

cheers

[fardeens]

I think that’s the average.
This page gives a timeline of all the applications
http://www.immigrationboards.com/viewto ... &start=260

[anxiouswait]

I think that’s the average.
This page gives a timeline of all the applications
http://www.immigrationboards.com/viewto ... &start=260

thanks fardeens...

Do you (or anyone else) know of any e-mail addresses for the folks at tier 1 PBS HO section? I might just confirm with them first about the supplementary work stuff before I send the application away..

Thnx