Expert: Drew Wilmoth - 12/12/2009

Question
Hello, thanks for your time. My temporary work permit has expired and my employer has put in my application for a year permit. Is it too late to try and change employers (I have an opportunity I would like to take advantage of)? Or would I need to be released? My year application has not yet been granted.

Answer
It seems that you are working under the operation of law at this time. You are permitted to continue working with your present employer while a permanent work visa application is in process. But upon approval of the new work permit, the effective date is back dated to form an uninterrupted period.

If you do transfer to a different employer then you will be required to cease working and leave the island while a work permit application is in process with that other company.

You present employer may be able to object to the issuance of a work permit with another company at this time. This depends on how far along the application is with your present employer.

you can inquire directly with Immigration as to your specific circumstances. My instinct is that is is already too late to change employers at this time.