New approach to change of employment cases

[tvt]

04 November 2004

The following arrangements only apply to existing work permit holders who are changing employment. It does not apply to others whose immigration status allows them to work (eg. students).

Important Information for Customers

We recognise the difficulties caused to customers by the current delays in processing further leave to remain applications linked to in-country work permit cases.

Arrangements are in place to deal with applications quickly where an individual needs their passport (eg. to travel abroad for pressing personal or business reasons). But we know that the delays are causing particular difficulties where existing work permit holders wish to move to a new job in the UK.

In response to requests from customers, we are introducing an interim arrangement whereby existing work permit holders can start a new job on the strength of the work permit permission letter, providing their existing leave to remain covers all or part of the period of the new employment.

Individuals will then have to submit a further leave to remain application before their existing leave expires, or within 6 months, whichever is the sooner.

As the employer's work permit will have been approved, and the individual will still have to submit a further leave to remain application, this does not undermine immigration controls in any way.

This arrangement will apply with immediate effect to all new change of employment work permit applications.

In addition, it will also apply retrospectively to all change of employment work permit applications that have been approved and where the further leave to remain application has yet to be submitted or decided - that is, individuals in this situation will now be able to start the new job on the strength of the work permit permission letter.

This is an interim arrangement pending clarification of the legal position and continuing work on the interaction between the immigration and work permit process. We will review the position in the New Year.

As this is an interim arrangement, and there are issues that need considering, we will still require a further leave to remain application from the individual, not least to safeguard their immigration status.

If the individual's subsequent further leave to remain application is refused, the individual must cease the new employment and WP(UK) will take action to curtail the leave granted in relation to the previous employment.

[try-one]

Music to my ears, finally they solved the FLR problem.......it was impossible to say to an employer " I might need to wait 10 weeks for the home office to approve my FLR and I can't work until then".....
good news, lets hope the "interim" stays on after new year.....my HSMP should take until may....or june.....