confused work permit will not be valid?

[Nina D]

I am in the uk on a 5 year work permit. I won't be eligible for ILR until june 2011 and obviously by then the new tier system will be introduced.

My question is would I have to switch my workpermit to the new tier system, I think i would be eligiblle for tier 2, i know not tier 1, but what if i dnt meet the requirements for tier 2 either, would that mean i would have to go back to my home country? would my work permit not be valid.

thank you for any replies.

[transpondia]

Work permits as we know them will cease to exist near the end of this year.

Between now and then employers will be transitioning to the new certificate of sponsorship scheme. On this timetable, you would expect to be converted in the 3rd or 4th quarter of this year.

You don't need to leave the country to switch if you are currently holding a work permit.

[PaperPusher]

transpondia

I haven't been able to find anything to say that current work permit holders will have to be "converted". Do you have a link?

[transpondia]

Yes, here's a link http://www.immigrationboards.com/viewto ... highlight=

Seriously tho', there's not going to be a large ground-swell of links about it at the moment. My info was gleaned from a letter sent to advisers in the UK.

[PaperPusher]

The link is to this post! very funny!

Was the letter from the BIA/an official announcement? If this is like any other new HO system the transitional arrangements will be announced at the last minute - this is 6 months away at least!!

If it is not official or confirmed there is the risk of scaring people unneccessarily.

There seem to be lots of rumours:

http://www.immigrationboards.com/viewtopic.php?t=24600

There has been lots put up on the BIA website recently about the licensing system - but NO mention that this applies, or will apply, to CURRENT work permit holders. In fact reading it, all the wording is along the lines of continuing to bring in skilled workers or sponsor workers in the future.

I just do not agree that employers will have to apply AGAIN for a licence for the work permits they applied for possibly as much three or four years ago.

Please let us know how definate it is that this is the way the new system is going to be implemented, and the source.

Regards.

PP

[olisun]

I just do not agree that employers will have to apply AGAIN for a licence for the work permits they applied for possibly as much three or four years ago.

I believe the employers have to apply AGAIN for a license when they want to RENEW the WP of candidate.

[transpondia]

I just do not agree that employers will have to apply AGAIN for a licence for the work permits they applied for possibly as much three or four years ago.

Certainly you are free to disagree, but that's the way it's going to happen. The work permit scheme is over, get used to it.

[ci07jjs]

Giving licenses to every single employer taking foreign nationals - can't imagine them finishing it in this century!

[PaperPusher]

transpondia

Employers are only going to have to get a licence for new applications, ie extensions/WP-PBS extensions, changing employers/job and fresh initial applications.

If they a have a work permit holder currently and they are not going to apply again - they do not have to go on the sponsor's register. They will not have to pay £400/£1k for something that they already have. People's visas are not going to be taken away.

If you have evidence to the contrary please show. I have noticed that this is scaring work permit holders.

The two systems can run concurrently. Much like the old Section 8 and Sections 15-25 of the new illegal working legislation.

Please tell more about this letter that has given you news of what government policy is going to be before it has been made publicly available, or at least an idea when this is going to be announced.

All employers who wish to employ foreign non-EEA nationals in the future, including those on existing Work Permits, other than individuals who will hold Tier 1 permits, or already hold permanent residence or status such as spouse/partner, will need to obtain a Licence from the Border & Immigration Agency to employ such foreign nationals in the future.

I have quoted part of Breytenbachs' news announcement from their website at

http://www.breytenbachs.com/news.asp

It actually does not say that employers will have to reapply for those on existing work permits according to anything released over the past couple of years from the Home Office, or on the website at the moment.

If you have something official please let us know.

[transpondia]

I receive copies of correspondence between the government and practitioners who make enquiries through my site. Such pieces of correspondence that deal with specific issues are highly useful in keeping it up to date. They would however, be priviledged.

BUT the OISC sent a letter to thier advisers on the same topic and the material should be generally consistent, considering they are comming from a different angle than others. It's certainly available to download.

If there is sufficient interest here I can extract some bits from my stuff and post it.

[Administrator]

.

Most everyone is focused on the Tier 1 changeover that is currently taking effect.

Tier 2 "should" be in place sometime in the fall, before 2009.

Information with details is thin, but we have some here:

Tier 2 for Skilled Migrants

UK - Sponsorship under the new points based system


It is currently expected that anyone holding a valid work permit or otherwise residing legally in the UK will have opportunities to qualify for & obtain visas & residency under the Tier system. Yes, that is supposed to apply to people who qualify for Tier 2.

The question is, will current work permit holders have any special arrangements to convert to/ renew under Tier 2? Hopefully, yes. BUT, nobody has made a commitment to that. Yet.

There is also the possibility that special arrangements will be unnecessary. Tier 2 may very well be nearly identical to current work permits.

The sponsorship registration seems the most serious roadblock at this point as employers will have to cough up a bit of cash to register for the right to offer sponsorships.

the Admin

[PaperPusher]

transpondia

If this is the letter that you mean:
http://www.oisc.gov.uk/publications/pdf ... visers.doc

I can't find the part that says that current work permit holders will have to get their employer to reapply, even though they have a valid work permit and leave.

Admin

I agree with you, it is not yet clear what exact transitional arrangements there will be for current work permit holders who need to apply.

[transpondia]

PaperPusher, I see your point. The minutes of the BIA Corporate Stakeholders Group last published on 1 Feb 08 may be helpful material. ILPA has also published for internal consumption an interpretation of those minutes.

In the event that these leave yet unanswered questions, you (or the board here) can always pose them, along with an explanation of why there is a gap) in properly headed correspondence to me and I can take them forward to the relevant policy advisers within the BIA.