Tier 1 - On WP & Resid. Permit but lost my job

[nemmie]

Hello everybody,

Please could I have advice on my Tier 1 application?

I have a Work Permit since 2005 (valid until 2010 - i assume its the entry clearance sticker in my passport) but have been made redundant. The notice period has run out (basically my ex-employers gave me next to no notice because they were going under).

I also have a residence permit from 2007 to 2012. It says I have "Limited Leave to Remain. No recourse to public funds. Able to to work as authorised by the Secretary of State"

My questions are:

(1) What immigration class would I be for the Tier 1 application?

- Work permit sounds right since I was last granted leave as a work permit holder.
- Residence permit is not an immigation class I gather and just reflects my right to remain.

(2) How long can I remain in the UK given that my WP should now be invalid but have not got a letter from Home office so I doubt my ex-employer's HR informed home office since the dept was pretty much falling apart.
- I think i read somewhere its 28 days, but I also have a residence permit (2007-2012).
- Can I stay in the UK on my residence permit? I do not need recourse to public funds but do need to apply for tier 1 as well as deal with my lease etc.

(3) Should I tick the "Employed" checkbox in the Tier 1 application form or the "Others" checkbox? I consider myself to be under the "Employed" head because I was last granted leave as a work permit holder and not for example a student etc.

(4) In the oft chance I am overstaying in the UK because I am unemployed right now but on Work Permit status, and I apply for the Tier 1, what will Home Office do? Will they boot me out of the UK immediately and revoke all my permits?
- I am happy to leave the UK to apply from outside but that is the incredibly expensive and long route. Given the change in immigration rules is in April, I am worried that would take too long.

Absolutely confused as to what is the right way forward now. Still looking for a new job but doubt that I can get anything in the next 2 months (or alot longer)...sigh

All constructive answers gratefully received.

Thank you!
Nem

[smallick]

1. Residence permit is basically work permit (WP) which you get when your current work permit expires or gets transfered/extended. i.e. When you first come to UK under work permit you get stamped as Entry Clearance from your home country. However, when you go for extension within UK, you get a Residence permit

2. I am not sure when you have work permit/Entry Clearance from 2005 - 2010, why you also have a residence permit from 2007-2012? Did you change employers in 2007? In case you did, you current visa is that Residence permit, so forget about Entry Clearance one.

3. You need to talk to your employer I believe about your stay since your WP is sponsored by them. In case they informed home office, then you will be in deep trouble residing here.

4. My intention is not to frighten you at all. I hope senior members can shed more light about you applying Tier 1 in current state. But I think best bet will be to apply Tier 1 from your home country instead of here in this situation.

[nemmie]

Thanks for that quick reply! Really appreciated.

On 2 - Just to clarify, yes I switched employers in 2007 and I asked to apply for FLR. I instead got the residence permit from 2007-2012

So what immigration category would I be on the Tier 1 form when I apply (from home country or otherwise). "Work Permit" I guess?

1 more qn:

(5) If I do get a job offer in the next month before I apply for Tier 1 (being wildly optimistic) but am not due to start yet, can I be considered under the "Employed" checkbox in the application form?

Thanks

[smallick]

1. Yes you need to apply under work permit category

2. You can put yourself as self-employed. Actually you do not need to have a job in hand when applying for Tier 1 as long as you qualify 75 points.

[dingdon]

HI nemmie,
i have tried to ans what ever i can.
Please find my ans below.

(1) What immigration class would I be for the Tier 1 application?
Work Permit
i guess you have changed your employer and the new employer has applied for your WP transfer and extension as well.

(2) How long can I remain in the UK given that my WP should now be invalid but have not got a letter from Home office so I doubt my ex-employer's HR informed home office since the dept was pretty much falling apart.
- I think i read somewhere its 28 days, but I also have a residence permit (2007-2012).
i dont know exactly but it is better to apply ASAP and as far as i know if any of your application(like tier1 general) is pending with home office you are legally eligible to stay in UK.
Please seek experts suggetion and apply immedietly.
- Can I stay in the UK on my residence permit? I do not need recourse to public funds but do need to apply for tier 1 as well as deal with my lease etc.
Resedece permit is the common name given for any visa that has been given inside the uk. they will mention the type of permit for ex: limited leave to remain, tier 1 general....in you case it is nothing but workpermit.
so your visa is not valid if your employment ceases.

(3) Should I tick the "Employed" checkbox in the Tier 1 application form or the "Others" checkbox? I consider myself to be under the "Employed" head because I was last granted leave as a work permit holder and not for example a student etc.
i think you should use Emplyed.

(4) In the oft chance I am overstaying in the UK because I am unemployed right now but on Work Permit status, and I apply for the Tier 1, what will Home Office do? Will they boot me out of the UK immediately and revoke all my permits?
- I am happy to leave the UK to apply from outside but that is the incredibly expensive and long route. Given the change in immigration rules is in April, I am worried that would take too long.

As far as home office doesnot have any information about your jobstatus it shoudnt be a problem.
Visa fee is less when you apply outside UK ( i remember it is 600Pounds) it is 750 Pounds when u apply in UK. maintenance funds you need to show is more when you apply outside uk ( 1500 Pounds) and it is less inside UK ( 800 Pounds).
now a days visa processing times are faster than inside uk applications in countries like India...(you can see the time lines from the other posts in the forum) i dont know about other contries.
you need to check with the experts immedietly and decide upon whether to apply in UK or outside UK

[dingdon]

1. Yes you need to apply under work permit category

2. You can put yourself as self-employed. Actually you do not need to have a job in hand when applying for Tier 1 as long as you qualify 75 points.

self employment is not permited with workpermit status.