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Archived UK Tier 1 (General) points system forum. This route no longer exists.

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try-one
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Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Feedback and Help!!!

Post by try-one » Mon Nov 15, 2004 10:32 pm

Well,
This is the story, I just got a nice email from my current WP sponsor and the company will be liquidated, I'm not sure when they will start or finish the process. My HSMP application was sent in August, withdrawn and reaplied the 1st Nov. I'm claiming 100 points and I feel I have a strong case, I got an interview today and should have a job offer next week....
so,
Anyone knows the immigration law regarding the efect of the liquidation of a company while the person holds a WP....when will my 28 days start??today that they told me they will liquidate? the day of my last paycheck? Will I be legally working as long as they pay me? PAYE?

Do you think the HO will process an urgen HSMP before the 6 weeks if the original application was withdrawn?? could I get my HSMP before the 28 days???

My EC is valid until 2007, can I stay in the UK until the HSMP has been decided?

I know those are a lot of questions and I would apreciate any help regarding the topic......basically I don't know what to do now....several options come to mind but I'm not sure the best one...
-------------------------
Life is a journey, not a destination (S. Tyler)

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Mon Nov 15, 2004 11:01 pm

Try-one,
My EC is valid until 2007, can I stay in the UK until the HSMP has been decided?
The criteria is for you to have applied for HSMP while you were on a valid visa. That is true in your case and therefore you have the right to remain in the UK until your application has been processed and approved. If however, you get refused, you have 28 days to pack your bags from the date of the HSMP refusal.
Do you think the HO will process an urgen HSMP before the 6 weeks if the original application was withdrawn?? could I get my HSMP before the 28 days???
I would have thought that you will not be able to get urgent treatment yet as it is not yet 6 weeks since your reapplication. However, at the time of your reapplication, you got the same reference number as your original application (remember you mentioning that). Therefore I think its well worth the try because the HO might be considering your application as of the original date.

Anyone knows the immigration law regarding the efect of the liquidation of a company while the person holds a WP....when will my 28 days start??today that they told me they will liquidate? the day of my last paycheck? Will I be legally working as long as they pay me? PAYE?
I would say it would start the day, they choose to inform the HO of termination of employment. In your case that looks unlikely as its just a matter of them transfering the WP to a sister concern??? So presumably they will not inform the HO. The start of liquidation does not mean the company ceases to exist from day one. It should be a long drawn process, the larger the company the longer it will take for it to close down. The day it does, your 28 days should start unless you have changed your status (either through WP or HSMP approval).

try-one
Member of Standing
Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Mon Nov 15, 2004 11:13 pm

Mwazir,
Thanks for the comments, you really paid attention to my old postings.....


Thanks
-------------------------
Life is a journey, not a destination (S. Tyler)

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Mon Nov 15, 2004 11:20 pm

Good luck Try-one, Keep us updated on how things progress for you.

I am in a similair situation. My company is considering liquidation and I continue to be employed. Thankfully I have recieved the approval. However I dont fancy being jobless until my passport comes back from FLR. Therefore hope that either the liquidation takes a long time or the FLR application is processed fast. Its almost like a race against time.

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