Work Permit Sponsorship - Gentle Reminder

I watch TV fairly regularly and have never seen one of these adverts.

I guess the adverts on tv haven't helped spread the message!

I watch TV fairly regularly and have never seen one of these adverts.

Its here. http://news.bbc.co.uk/1/hi/uk/7561880.stm

I see this commercial once every few days and i dont watch that much tv.  I guess always worrying about visa stuff the word 'immigrant' or 'migrant' always manages to grab my attention and turn my head.

Well it would grab my attention too for the very same reason! Still have to say I don't think they've been very good about getting the word out.

I haven't seen any either and I watch a lot of tv as well. 

But then I didn't see that Lynx advert with the guy with weird eyes until two days ago and now I have seen it three times.  it is gross.

Well I asked my employer about it. He knew about it and says it's not retroactive, ie, I don't need to worry about it. I have to say there hasn't been much clarity about that on the BBC News story that covered as it only talks about new applicants and the Borders Agency page is very confusing as well. There is a page about Transitional Arrangements but the page about the Work Permits doesn't talk about transitional arrangements. Do you think employers are getting conflicting information and that's why they haven't applied? I am reading it as yes, I do have to worry about it and that the work permit will basically become invalid come November unless he applies for the license. Is that right?

You need to get worried if your employer attempts to renew or extend your work permit.  Or if your employer gets bought out by another employer.  Or if your employer gets investigated and found in breach.  Or essentially anything that requires interaction with UKBA after the commencement date.

If you are not planning on renewing or extending your wp when it expires, and have the means to leave within the grace period, you're off the hook. 

Forgot to add:  even if the employer intends to get a license, UKBA is showing a 10% refusal rate.  So there's no guarantees that their application will get approved.  And a refusal means your T2 renewal is required to fail even if they want to extend.

Sorry to be dense but what do you mean "have the means to leave within the grace period"? I wasn't planning on extending because I have a 5 year permit and so I was planning to apply for ILR at the end of that time hence no need to extend or renew.

Sorry to be dense but what do you mean "have the means to leave within the grace period"? I wasn't planning on extending because I have a 5 year permit and so I was planning to apply for ILR at the end of that time hence no need to extend or renew.

That's fine then.  The grace period only arises when a WP expires or becomes invalid and the person does not qualify for another immigration status.  It's 28 days.  If you are converting into ILR it will not affect you.  In 5 years time, you will apply under the new system being laid before Parliament this November. 

Not everyone is as fortunate as you.  Many have WP's expiring next month, next winter, next year, and so on before they will reach the residency requirement for ILR; and hence my concern that they will not be able to extend because their sponsor does not have a license. 

Since you're not in that population, I have to ask what you were worried about in the first instance?

I was worried because it wasn't at all clear to me that it wasn't retroactive. You've clarified that for me so I'm not worried any more. I see your point about others though and so I do consider myself lucky.

I had to leave Australia a few years ago because they changed residency rules just before I was eligible to apply hence my very nervous reaction to changes in immigration rules!

If you want to worry about something, you can consider that when you apply for ILR, the new rules will apply.  It means that the moment an application is logged in to the system, all existing forms of leave for the applicant are immediately and permanently revoked.  The applicant is without leave until a decision is reached.  And an in-country application can only be made if the applicant has extant leave.

For those who find this hard to believe, it's all written down in the new bill.  That gives you something to worry about.   

Business.  Has everyone checked with their employer about them getting a license?

Whoa.. Whoa... Whoa.... 

If you want to worry about something, you can consider that when you apply for ILR, the new rules will apply.  It means that the moment an application is logged in to the system, all existing forms of leave for the applicant are immediately and permanently revoked.  The applicant is without leave until a decision is reached.  And an in-country application can only be made if the applicant has extant leave.

Is this only for those who are on a Work Permit going to their ILR or for any type of Visa going to an ILR?

I will be entering the UK on October 1st and my Spousal Visa has the KOL Stamp.  I plan on taking the Life in the UK test and applying for my ILR as soon as I can... but was hoping that I could find a job first and settle in before I send my passport off for however long it takes to get it back these days so I might not be going for my ILR until the start of 2009.

Where can I find these 'new rules' if they will apply to me and my case and are they written in easy to understand terms as I have found some of the actual rules/guidelines to be written in Lawyer Talk... (No offense to any lawyers I am just not hip on your lingo) 

Email this evening from ILPA.  ILPA are the good guys by the way.  They are considering sponsoring an initiative to change the part of the system. 

Currently if the employer loses his sponsorship license, the immigrant is dismissed and has 60 days to clear out and be gone.  Under ILPA's proposal this would be changed to give the immigrant a right of appeal against erroneous grounds for dismissal.

Is that a proposal that UKY as a stakeholder would step forward and endorse?  Is there a significant body of T2 people here?  What's the mood?

Normally I don't get involved on the MM side because I'm up to my ears defending the Family side.  But it occurs to me that WP holders have families, possibly with kids in school, and maybe a flat 60 day grace period just doesn't cut it.  And for sure getting fired because the employer screwed up and can now override any severance terms previously agreed with the employee has got to be a hard bite in the ass for somebody with a family who is a long way from home.

Thats interesting Garry.  While I don't have a family or anybody to support, I wouldn't like to be upheaved and have to move out of my home and away from my friends and a place that I am really liking and enjoying for something that isn't my fault. Not to mention the expenses involved!  At least if I am laid off, I know my company has a good policy in place for that. But this would be in a different category. While it wouldn't be the end of the world and there are certainly worse circumstances to be in, it wouldn't be pleasant at all.

Thats interesting Garry.  While I don't have a family or anybody to support, I wouldn't like to be upheaved and have to move out of my home and away from my friends and a place that I am really liking and enjoying for something that isn't my fault. Not to mention the expenses involved!  At least if I am laid off, I know my company has a good policy in place for that. But this would be in a different category. While it wouldn't be the end of the world and there are certainly worse circumstances to be in, it wouldn't be pleasant at all.

I have a spouse (and a cat), but I agree with this entirely. We moved here on two months' notice, but it wasn't fun, and I had a job lined up to come to. I wouldn't like to have to find a job plus leave the country with that kind of notice.

I think a right of appeal would be quite helpful. Also, would the immigrant be able to look for another job in the country during that grace period? Of course, there would then be the issue of obtaining another work permit, which is not so speedy these days...

People taking notice now...

Just 168 employers have been given licences to employ migrant workers under immigration rules that come into force in November, Personnel Today has learned.

http://www.personneltoday.com/articles/2008/08/29/47249/migrant-worker-licence-bottleneck-likely-as-few-issued-so-far.html

(29 Aug)