New work-permit queries

[TG]

Dear All,

I am currently working on a work-permit (IT - non-shortage occupation) and am considering changing my job. I need your advice on a couple of issues regarding this.

1. The prospective employer is willing to sponsor a new workpermit, but wants me to join ASAP. How long would you reckon it would take for the work-permit to be issued.

2. Does any of you see any grounds for the workpermit application to be rejected / held-up for a long time.

3. If my new workpermit application doesn't go through, what would be my status in the country - I presume my current workpermit would still be valid and I can continue in my current job. I understand that my current workpermit expires when the new workpermit is issued - so if the new workpermit application fails for some reason, can I still continue to work in my current job?

4. Any grounds on which my current workpermit / visa status might be affected by the new application being rejected?

5. How much is the fee for the work permit application.

Best regards!!

[Kayalami]

1. Work Permits UK aim to decide 90% of complete applications containing the required information within one day of receipt and 90% of all applications within one week.

2. Applications that do not meet the requirement of the WP scheme will fail - since we do not have all the relevant details of your current job, prospective employer and new job I can't comment any further on chances of a success or otherwise. If you are moving to a similar job the application will be treated as Tier 1 (despite IT being Tier 2) and does not need proof of advertising - this is the major stumbling block for most WP's.

3. WP holder as long as you remain in the current employment.

4. No - however any immigration related decision be it positive or otherwise is recorded in your HO file and used/referred to in future applications.

5. GBP 95 for work permit, GBP 121 for WP FLR unless an exempt national.

[TG]

Thanks very much!!

[TG]

Hi All,

Another quick question.

As I am currently in a job on a workpermit I guess this is treated as an application for change of job.

Do I / prospective employer need to make a seperate application for my Leave To Remain i.e. FLR (IED) - in addition to my workpermit application i.e. WP1.


Please advise!!

[Chess]

TG,

All your answers are contained in the following website


www.workingintheuk.gov.uk

[TG]

Hi Chess,

Many thanks for getting back.

I am slightly confused. The web-site says
--"From 1 April 2004 an application for an Immigration Employment Document (e.g. a work permit) will no longer act as an individuals application for Further Leave to Remain. Individuals will have to complete a new, separate form FLR (IED) available from this website to apply for leave to remain in the UK."

--"For Seasonal Agricultural Workers Scheme (SAWS), Sectors based Scheme (SBS), Training and Work Experience (TWES) and Work Permit applicants, the employer should have informed the individual that approval for an IED has been granted, so that they can apply for further leave to remain. "

So, does it mean that an application for change of job work-permit does not need to be accompanied by another application for FLR. I understand that I need to submit the application for FLR and the fee of £121 after the workpermit is issued to get my FLR stamped on the passport. Would be thankful if you can confirm.

Thanks!!

[TG]

Hi All,

My new employer is going ahead with the Work Permit Application (WP1) and have asked for my passport. Do we need to submit the passport now itself (or) when I make an application for FLR after the issual of Work Permit?

Also, can I get the FLR issued on the same day itself if I were to approach Home Office in Croyden with my work-permit and passport?

Any other advice on speedening up the issual of work-permit and FLR would be very much appreciated.

Thanks!!

[TG]

Hi Chess /Kayalami,

Sorry to nag you - but please could one of you advise me.

Thanks!!

[Kayalami]

TG wrote:

Hi Chess /Kayalami,

Sorry to nag you - but please could one of you advise me.

Thanks!!

It is horse racing season and being in Windsor I'm pretty close to the action . You have raised a crucial point.

Prior to 1 April 2004 an application for an Immigration Employment Document which is the new name for WP, HSMP, TWES etc acted as both an application for employment authorisation as well as an application for Further Leave To Remain in the UK.

Since 1 April 2004 the employment and immigration component of the applications are separate primarily to raise further revenue for the government. The major concern here is that where your current LTR expires while Work Permits UK are resolving the IED. This is particularly likely with HSMP applications that are taking an average 12 weeks to process. For an FLR application to be valid it must be received while you still have valid Leave To Remain/valid visa which would not be possible in this case. Applying for FLR while your current visa is valid protects you by giving you a right of appeal before the courts.

IMHO the HO are likely to have an operational policy where they take into account such a situation and not unduly penalise the applicant unless presumably their application has been in bad faith and without any merit. This is a grey area though and I would advise ‘in country’ applicants in this situation to either:

1. Apply for FLR on Form FLR (O) pending the HSMP/ WP decision while their current LTR is still valid – tick ‘other’ and explain that you are ensuring your LTR is valid pending a decision by the relevant HSMP/ WP Team. Include in the application in addition to the standard funds etc your HSMP/ WP application date, any reference number as well as any Royal Mail recorded/ special delivery number. The HO may then issue an extension of your LTR likely for 6 months.

2. Apply for the relevant IED when they have enough LTR to cover the processing times – challenge here is how long is ‘enough’. This will depend on the category of application but again likely to be most of an issue with HSMP.

3. Leave the UK before their LTR expires and re-apply for Entry Clearance in the relevant category once their IED comes through.

I have contacted Work Permits UK for a concise answer on this and will update the forum as soon as I hear anything.

Hi All,

My new employer is going ahead with the Work Permit Application (WP1) and have asked for my passport. Do we need to submit the passport now itself (or) when I make an application for FLR after the issual of Work Permit?

Also, can I get the FLR issued on the same day itself if I were to approach Home Office in Croyden with my work-permit and passport?

Any other advice on speedening up the issual of work-permit and FLR would be very much appreciated.

Thanks!!

Your employer seems to be taking an unusual step in submiting a passport as this is no longer the case - he/she may be looking at an old WP application form. Make sure it is the current form valid from 1 April 2004 to 28 June 2004. All FLR IED applications must be done by post/ courier to Cannock so forget a day trip to Croydon or any other Public Enquiry Offices. This FLR IED application can only be done after the WP has been issued and you not the employer must apply for it although your employer/ designated immigration adviser can lodge and pay for it on your behalf- you still gotta sign it.

Good Luck

[TG]

Thanks very much Kayalami - that was very informative!!.

My prospective employer has completed the latest WP1 form. But both the HR Dept and I were under the impression that we need to submit my passport along with WP1 (although the application didn't ask for it) and they have done so. Would this create any problem?. I trust the Home Office would send my passport back along with my work permit approval to my employer - hope there is nothing to panic !!.

Just to confirm - It is only post work permit approval that I can apply for FLR (and it is at this stage that my passport has to be submitted).

Have a nice evening at the race course!!.

[Cosmopol]

I have contacted Work Permits UK for a concise answer on this and will update the forum as soon as I hear anything.

That's very nice of you, Kaya - thanks on behalf of all members and visitors!

[Kayalami]

TG wrote:

Thanks very much Kayalami - that was very informative!!.

Happy to help where I can and thanks for your appreciation.

Just to confirm - It is only post work permit approval that I can apply for FLR (and it is at this stage that my passport has to be submitted).

Correct - your ppt will likely be sent back with the new WP but may be sent back before hand. Your empoyer may wish to contact the relevant business team to request for the ppt back. Once WP/IED comes back fill out Form FLR IED and send it to Cannock.

Have a nice evening at the race course!!.

Will do .


Cosmopol wrote:

I have contacted Work Permits UK for a concise answer on this and will update the forum as soon as I hear anything.
That's very nice of you, Kaya - thanks on behalf of all members and visitors!

Don't understand some of the HO's policy - you would have thought they would allow concurrent filing of IED and FLR ala BCIS for I-140 and I-485. In keeping with the racing theme best to hear it from the horse's mouth

[Cosmopol]

Don't understand some of the HO's policy - you would have thought they would allow concurrent filing of IED and FLR ala BCIS for I-140 and I-485. In keeping with the racing theme best to hear it from the horse's mouth

Perhaps you are right - it's all about the money; BCIS has a separate fee for each form, even if filed concurrently - perhaps HO felt they should separate the filing stages , impose separate fees, and then merge them again, keeping the separate fees in place - to make it seem smooth ? "Divide and conquer" doesn't get old at all

[Chris]

Dear All,

3. If my new workpermit application doesn't go through, what would be my status in the country - I presume my current workpermit would still be valid and I can continue in my current job. I understand that my current workpermit expires when the new workpermit is issued - so if the new workpermit application fails for some reason, can I still continue to work in my current job?
Best regards!!

Is this right?

If the new workpermit application is approved, my old workpermit expires What is my current employer has pursuaded me to stick to my old job will would they have to get me a new workpermit again!!!