Changing Employment - Work Permit Issue

gemokgila · Post by **gemokgila** » Tue Sep 17, 2013 11:10 am

Hi Ladies and Gents,

I am new here and would be very grateful for any advice and thoughts given on the issue I currently have.

Basically, I am a pre point based work permit holder with a Limited Leave to Remain (LLR) permit.

My LLR is valid from 24th January 2009 until the 24th January 2014.

Since I obtained my LLR, I have been working with the same company.

Recently I have been offered a job with a different company and a different work title and I am keen to join this firm to progress further with my career.

Unfortunately the work title is not listed in UK Shortage Occupation List.

My question is, in relative to work permit what do I or the company I am about to join need to do?

I have 3 dependents - a wife and two boys.

I know I am not entitled to apply for ILR as yet.

What are my options?

Thank you in advance.

Regards,

GemokGila

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 17, 2013 11:38 am

1. Does your current job and salary meet the requirements for ILR?

If it does, in my opinion you should just wait it out in your current job until you file/gain ILR. Otherwise, you will need to switch to a PBS system with cost involved for all family, and again for ILR .

BTW, why are you not eligible for ILR yet?

gemokgila · Post by **gemokgila** » Tue Sep 17, 2013 11:54 am

Thanks wpilr_nov12 for your prompt response.

I am not sure what the salary requirements for ILR is, but I have been offered around £32k per annum.

My next question would be (rather stupid) :

1. What would the permit duration be under the PBS system? Would it be just the remaining two-three months (until 24th January 2014) left on my current LLR permit?

2. Is it not possible for me to obtain a permit under PBS that would entitle us to stay for another 5 years or so, without applying for ILR in Dec/Jan?

I am not too fuss about obtaining ILR, I am more concern about securing the job and cutting the costs of our permits /visas application.

Thanks in advance!

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 17, 2013 12:19 pm

Do you not already qualify for ILR?

If you do, then why not apply for ILR and once you get it, you do not need to worry about Salary req and job titles etc for your visas ever again...

gemokgila · Post by **gemokgila** » Tue Sep 17, 2013 12:21 pm

My apologies wpilr_nov12 - I have just noticed your last question.

I have been advised that to be eligible for ILR I would need to be living in the UK in a relevant category for 5 years. In my case as a Work Permit Holder

Unfortunately I have not done so.

(I made a mistake earlier, my LLR is valid from 24th January 2009 and not 2008, again - Sorry!)

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 17, 2013 12:33 pm

It might be useful for you to review your eligibility for ILR, and if you meet all other requirements except the 5 yr residency requirement, may I suggest you review the residency requirements and the '28 day before' application window concept.

I am not discouraging you from your new job opportunity, but just showing you another path (ILR), which I would have pursued or preferred if I was in your situation.

gemokgila · Post by **gemokgila** » Tue Sep 17, 2013 2:15 pm

Thank you wpilr_nov12.

I understand and appreciate your view.

However, is there any way that I can accept the job offer and avoid paying for the permit and then the ILR in January?

Also, is it possible if I obtain the permit myself and send my dependents away, and apply for ILR together with them in January.

Would they be able to apply for ILR from outside of the UK?

Thanks

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 17, 2013 2:25 pm

gemokgila wrote:Thank you wpilr_nov12.

I understand and appreciate your view.

However, is there any way that I can accept the job offer and avoid paying for the permit and then the ILR in January?

You need to first be certain if this current job offer will with certainty get you your T2 visa.

gemokgila wrote: Also, is it possible if I obtain the permit myself and send my dependents away, and apply for ILR together with them in January.

Would they be able to apply for ILR from outside of the UK?

You would then complicate or even overcomplicate an otherwise a normal straigtforward and usually a one-day process (if you meet the ILR eligibility criteria).

Post by **manci** » Wed Sep 18, 2013 8:36 am

wpilr_nov12 wrote:You need to first be certain if this current job offer will with certainty get you your T2 visa.

If despite what wpilr_nov12 suggested you wish to proceed with switching to Tier 2 of the PBS, and before proceeding any further, you should check:

a) is the new employer a cat. A Tier 2 General licensed sponsor? You can do this check yourself online.

b) does the new employer have a T2G unrestricted CoS allocation for the current year which would be available for you? Ask them (assuming they have a sponsor licence)

c) establish the SOC code for the job description and that the salary offered will be at or above the minimum required. You can do this yourself online.

d) if you accepted their job offer, and when the time comes for the ILR application, would they be prepared to confirm that they still require you for the employment in question? This is an essential component of an ILR application from T2G and some companies are reluctant to provide it because ILR would free the migrant from immigration control and they would be free to seek a job elsewhere. Ask them

gemokgila · Post by **gemokgila** » Thu Sep 19, 2013 4:19 pm

Thanks for the response manci & wpilr_nov12.

If despite what wpilr_nov12 suggested you wish to proceed with switching to Tier 2 of the PBS, and before proceeding any further, you should check:

a) is the new employer a cat. A Tier 2 General licensed sponsor? You can do this check yourself online. Yes new employer is a cat A Tier 2 General

b) does the new employer have a T2G unrestricted CoS allocation for the current year which would be available for you? Ask them (assuming they have a sponsor licence) Not sure, but please could you explain how is this beneficial?

c) establish the SOC code for the job description and that the salary offered will be at or above the minimum required. You can do this yourself online. Checked and salary offered is above minimum asked

d) if you accepted their job offer, and when the time comes for the ILR application, would they be prepared to confirm that they still require you for the employment in question? This is an essential component of an ILR application from T2G and some companies are reluctant to provide it because ILR would free the migrant from immigration control and they would be free to seek a job elsewhere. Ask themThey have instead asked me if I am willing to apply for ILR in January as they are afraid that I might pack my things and leave the country. I therefore feel that both parties are in it for a long haul

gemokgila · Post by **gemokgila** » Thu Sep 19, 2013 4:27 pm

another quick question is:

The perspective employer got in touch today and informed me that the process will take longer then they expected.

This is due to the requirement to complete the resident labor market test. Unfortunately they were not aware that this was required.

I was told that it would probably take about a month or so and as a result, I might not be able to start work until the end of November.

This would then obviously depends on how long my T2G application will take to be approved.

So the question is:

1. The said company has advertised the job opening on their own website (they are huge global company - www.ursglobal.com) for 4 months and interviewed 6 previous candidates. They did not find any suitable candidates so did not offer the job to anyone.

Do they need to then re-advertise as they did not advertise the vacancy on the jobcentre website?

2. I came across this statement on UKBA website :

You do not need to complete a resident labour market test if the migrant currently has permission to stay in the UK under:

Tier 1 (Post-study work);
the International Graduates Scheme;
the Fresh Talent Working in Scotland Scheme;
the Science and Engineering Graduates Scheme;
Tier 4 as a student and they have received final results confirming that they have passed and will be (or have been) awarded a UK recognised bachelor's or master's degree, or have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or
have completed a minimum of 12 months study in the UK towards a UK PhD.

As I currently has permission to stay in the UK, but under the Work Permit scheme - which is not highlighted in the list however. Does the company still need to complete the resident market labor test ?

Would be grateful for any advice.

Many thanks!

gemokgila · Post by **gemokgila** » Thu Sep 19, 2013 4:47 pm

Sorry but another question;

I held a student visa prior to the LLR, and I have been in the UK for the total of 9 years or so (from University to date). Based on the statement below, would I be able to claim a continuous residence period of 5 years inclusive of my student visa?

It is not highlighted in the UKBA website and higher chance that it is not possible, but I thought I would just take a pun and hear it from you specialists!

Thanks!

You must have spent a continuous residence period of 5 years here in any combination of the following immigration categories:

Tier 1 (General)
Highly Skilled Migrant Programme
work permit holder
innovator
self-employed lawyer
writer, composer or artist
Tier 2 (General)
Tier 2 (Minister of religion)
Tier 2 (Sportsperson)
Tier 2 (Intra company transfer), if your permission was granted under the Immigration Rules in place before 6 April 2010[/i]

Post by **manci** » Thu Sep 19, 2013 5:26 pm

b)
if they don't have a T2G unrestricted Cos available for you then they can apply for an increase in their allocation - it doesn't take long to get one.
1.
there are rules how the RLMT must be carried out. If the company is a registered sponsor they should know what the rules are. FYI they are described in para 310 and onwards in the T2 guidance for sponsors:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
2
Full details of the exemptions from the RLMT are also given in this document, in para 299 and onwards.

Regarding the timescale - the RLMT takes 28 days, i.e. if they start the process now it can be completed just after mid-October. Once the RLMT has been completed they can assign a CoS to you immediately. If you manage to book a PEO appointment once you have the CoS, and your application is successful, you could start work end of October.

You are not eligible for ILR before Jan 2014.

gemokgila · Post by **gemokgila** » Fri Sep 20, 2013 9:07 am

Thanks for your response Manci.

Fingers crossed things goes out well.

Otherwise, I will have to put my career progression on a halt until I obtained ILR in January.

Frustrating.

Thanks again gents for all the responses.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Sep 20, 2013 9:54 am

Someone in a situation similar to yours would also look at the rules and cost implications of having to change entire family visa to PBS dependent just a few months before applying for ILR for the entire family.

gemokgila · Post by **gemokgila** » Thu Oct 10, 2013 2:37 pm

Sorry guys.

This question is unrelated, but I was instructed by MOD to "continue in previous thread".

This question is basically for my brother, who is moving to Australia to work.

Anyway.....

Quick question regarding resignation.

I am currently a work permit holder (old system pre point based)

IF today is my last day with the company (after giving 1 month notice), how many days am I allowed to stay in the UK until my presence is considered illegal?

I thank you in advance!

Regards

GG

The Station Agent · Post by **The Station Agent** » Fri Oct 11, 2013 4:58 pm

Does the employer have to do a RLMT if the employee is switching from work permit into Tier 2?

Post by **manci** » Fri Oct 11, 2013 5:14 pm

The Station Agent wrote:Does the employer have to do a RLMT if the employee is switching from work permit into Tier 2?

switching from work permit employment to T2G is not one of the exemptions listed:
http://www.ukba.homeoffice.gov.uk/busin ... arkettest/

Post by **vinny** » Sat Oct 12, 2013 12:29 am

gemokgila wrote:This question is basically for my brother, who is moving to Australia to work.

Anyway.....

Quick question regarding resignation.

I am currently a work permit holder (old system pre point based)

"I" usually refers to "oneself", not someone else.

I think that he will become an overstayer when his leave expires or is curtailed.

gemokgila · Post by **gemokgila** » Mon Oct 28, 2013 3:09 pm

vinny wrote:
gemokgila wrote:This question is basically for my brother, who is moving to Australia to work.

Anyway.....

Quick question regarding resignation.

I am currently a work permit holder (old system pre point based)
"I" usually refers to "oneself", not someone else.

I think that he will become an overstayer when his leave expires or is curtailed.

thanks for your advice vinny.

sorry for the misunderstanding, i should have referred accordingly

gemokgila · Post by **gemokgila** » Mon Oct 28, 2013 3:20 pm

on a different note, I have an update and another question.

I have decided to take up the offer.

The perspective employer have agreed to reimburse all costs and pay all fees tied with applying for visa change to Tier 2 General (T2G) and the application for ILR (Settlement) in the future.

This is the approach we will take:

1. I shall resign when RLMT is completed and successful and upon issue of COS.

2. I will apply for visa transfer from Work Permit (pre point based) to Tier 2 General, and extend it for a year (from January 2014 to January 2015)

We were advised that the maximum stay on work permit/T2 is 6 years. As I have nearly complete the 5 years, the perspective employer is able to extend this for another year. I will have to apply for ILR once the 6 years is completed.

Here comes the question:

I intend to apply for Tier 2 via premium service.

However, to cut costs, the company is asking if I could actually apply PBS(dependent) for my two dependents via postal instead.

Is this possible?

Are there ok to apply from within the UK?

Are there any issues tied with doing so?

What would their status be whilst waiting for the result of the postal application?

I look forward to your advice.

Many thanks.

Regards.

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Changing Employment - Work Permit Issue

Changing Employment - Work Permit Issue