Gap in Work permit

DH has been here on a work permit for the last three years and it was due to expire in 2013. He left his job in early March. He was offered a new job before he left the previous one, but they have been quite slow with completing the paperwork. He has yet to recieve his new work permit and start working again.

We had hoped to apply for ILR in a couple of years, does this gap mean the clock will start over? It looks like it could be about two months between jobs.

Thanks in advance....I'm so confused.

Ooops. 

Your husband should be arranging a consultation with a lawyer pronto.

Like now.

Has the application been made now?

Vicky

We are not sure. He has been trying to get in touch with someone at the new job for the last week to find out the details. I suspect that it has not been made. I'm afraid to ask...What does this mean if it hasn't?

Not a huge deal at the moment, but it should be done soon.  The longer it is left, the more chance there is that the Home Office write to curtail his current leave.

Vicky

Sunny, among the leading experts in T2 and formerly work permits is Kingsley Napsley
http://www.kingsleynapley.co.uk/client_services/immigration/where_we_can_help_individuals

From UK Chambers: “these lawyers "are streets ahead because they advise fully on all aspects of the case - rather than just being a work permit factory."

If he has trouble getting on their appointment calendar, let me know...

You may wish to spend money consulting with another law firm.  However, I can tell you for free that at the moment he has no need to worry, assuming that is he will easily qualify for Tier 2.  But as I say, the longer it is left, the more chance there is that the Home office will curtail his leave.  As long as this does not happen there is no issue with any 'gap' in residency, though he mustn't leave the country untilt his is sorted out, as he won't be able to get back in again.

We're not solicitors, so not in Chambers, but each of us have at least 10 years experience dealing directly with work permit issues.

Vicky

To voice a counter opinion, he has a very big need to worry if the new employer has not been added to the register of authorized sponsors.  If they aren't, he has no job to go to, and the company faces sanctions and that makes him a hot potato.

The people who can find out discretely are those with access to the SMS system and/or the SMS administrators. 

The sponsors register is a matter of public record!

http://www.bia.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/pbsregisterofsponsors


Vicky

Thanks for pointing that out Vicky.   

Behind that list there is a whole system which authorized law firms can log in to and see the actual details.  It's called the Sponsor Management System.  The only way to be fully sure the company and the position are all legit and everything's in synch is to actually log in and see it.

Simply having your name on the list doesn't mean you can hand out Certificates to anybody you like.  There's lots more stuff like salary bands, the resident market labour test, and other procedures that have to be met and logged in to the system...

Thank you for the information. Hopefully we will get some good news soon.