Leaving Los Before Wp Is Issued.

[markg]

We have a teacher who is on a Type B visa which runs out on 4th July.

We have applied for his work permit but havent actually received it yet.

He has to leave the LOS immediately for compassionate reasons and may not return before the 4th of July.

He went to immigration and bought a re-entry permit yesterday.

I am assuming that if he returns before the 4th of July, then he can just go and pick his WP up and all will be fine.

however - what will happen if he has to return after the 4th of July?

1. He should be able to get a new Type B from Hull - but will that then invalidate his WP?

2. If his WP is available, and they let me sign for it (doubtful?) and i FedEX it to him in the UK, would Hull be able to do his extension of visa or not?

I realise this is slightly unusual - but deaths in the family do generally come at inconvenient times.

Any advice is much appreciated as usual.

M.

[opalhort]

I'm certainly no authority about visas but can only speak from experience. Please wait for replies from the experts on TV.

Here is my opinion:

If he returns before July 4th all should be OK. After that he'll have to get a new visa.

You certainly can not sign for him on the WP, but you could talk to the Labour department people and ask them to defer the approval of the WP until after he returns with a new visa. Ask them to put the WP application on hold until further notice. The people at the Labour department and also at immigration can be compassionate and helpful if you explain the situation. But do this in advance, don't wait until the last day!

Try to find out soon when he will return so you have a fixed date to talk about with the authorities.

opalhort

[markg]

I'm certainly no authority about visas but can only speak from experience. Please wait for replies from the experts on TV.

Here is my opinion:

If he returns before July 4th all should be OK. After that he'll have to get a new visa.

You certainly can not sign for him on the WP, but you could talk to the Labour department people and ask them to defer the approval of the WP until after he returns with a new visa. Ask them to put the WP application on hold until further notice. The people at the Labour department and also at immigration can be compassionate and helpful if you explain the situation. But do this in advance, don't wait until the last day!

Try to find out soon when he will return so you have a fixed date to talk about with the authorities.

opalhort

Thank you for your reply. Let's hope he returns before 4th July. If he DOESNT manage to return and the Labour office DO put the WP on hold, i wonder if we will have to resubmit all the documents because he will by then have got a new Type B.

What a palaver.

[Sunbelt Asia]

1. He should be able to get a new Type B from Hull - but will that then in

validate his WP?

no. His work permit will expire on July 4th even if on page 5, it states it is valid for one year. The work permit after July 4th has to be revalidated which he is able to do with the fresh 90 day visa.

2. If his WP is available, and they let me sign for it (doubtful?) and i FedEX it to him in the UK, would Hull be able to do his extension of visa or not?

They will never let you sign for it and Hull would not do a extension, they only issue visas.

www.sunbeltasiagroup.com

[opalhort]

1. He should be able to get a new Type B from Hull - but will that then in

validate his WP?

no. His work permit will expire on July 4th even if on page 5, it states it is valid for one year. The work permit after July 4th has to be revalidated which he is able to do with the fresh 90 day visa.

www.sunbeltasiagroup.com

I do have a question in this context:

If the WP renewal has been approved for one year but of course been validated only to match the permit to stay expiry, what happens if you show up one day late at the local labour office to have it validated to match the new permit to stay extension stamp?

Would this void the entire WP?

opalhort

[Sunbelt Asia]

If the WP renewal has been approved for one year but of course been validated only to match the permit to stay expiry, what happens if you show up one day late at the local labour office to have it validated to match the new permit to stay extension stamp?

Would this void the entire WP?

Yes with two exceptions.

The Work permit was at the Labour Dept when it expired. Then it would just be revalidated.

It was a Holiday or Sunday when the work permit expired.

www.sunbeltasiagroup.com

[opalhort]

If the WP renewal has been approved for one year but of course been validated only to match the permit to stay expiry, what happens if you show up one day late at the local labour office to have it validated to match the new permit to stay extension stamp?

Would this void the entire WP?

Yes with two exceptions.

The Work permit was at the Labour Dept when it expired. Then it would just be revalidated.

It was a Holiday or Sunday when the work permit expired.

www.sunbeltasiagroup.com

Thank you very much for your reply Sunbelt.

It almost happened to me this year. My visa appointment was on a Monday and the IMM officer made it quite clear that I won't be able to get my permit to stay extension before that date. (usually I get it 1-2 days before appointment date).

There was a crowd at IMM office and it was early afternoon by the time I got my extension. Due to traffic I arrived at my local labour office with 10 minutes to spare before closing.

They accepted the application but I had to collect the WP the next day. All was OK in the end.

So a good advise would be that if you have to get your permit to stay extension on the same day as the WP re-validation it would make sense to submit the WP papers (W.P.5 etc.) to your local labour office a few days early claiming PP (Passport pending). ???

opalhort

Edited June 25, 2007 by opalhort