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Author	Post
Zamboni Junior Member Member # 7040	Posted May 13, 2003 03:48 PM I have a work permit from 2001 - 2006. I left the job that i had the permit from last year. on the score for HSMP, i score 95 so can i apply for HSMP now or do i wait for a while (if so then what for?) i've been in uk since 1998. earlier as a student and then on work permit. if i apply for HSMP can i work in the mean time and what are the chances of me getting the permission and i got the stay til 2006 anyway! i was working for a while earlier this year but by the time they could come to process my WP, the contract finished (It was with a Govt dept). what can i do now. early replies would be appreciated. Thanks Zamboni
Elisa Member Member # 2487	Posted May 14, 2003 01:51 AM If you left your job and are still in the country I would apply now, otherwise you're there illegally after 28 days. Applying for HSMP now will give you reason to remain in the country legally while the application is being processed. The minute you leave your job that work permit is null and void so you can't stay there til 2006 and you have 28 days to leave the country so unless you have some other visa you are putting your future HSMP application at risk. A work permit is only good as long as you are employed with the company and they will check it if you apply for HSMP.
Kayalami Member Member # 5984	Posted May 14, 2003 09:45 AM Technically speaking the WP is no longer valid once you leave the sponsoring employer. If such departure comes to the attention of the HO then you would get a letter asking you to leave the UK within 28 days of receiving the letter unless you are eligible to remain in the UK in another capacity and apply to do so. The main way for HO to know you left the job is for the employer to inform them. However the employer is not legally obliged to do so. Of course the HO get round this by making it more difficult for the employer to obtain WP's in the future so most employers tend to inform. The HO is a bureacratic mess so it may take several months before they send you the letter. This letter is sent to the most recent address the HO have on your case file. In the meantime if you find another job you may be able to get a WP. Of course the HSMP route gives you more flexibility by not requiring you to be sponsored or restricting you to a particular employer. You should apply for HSMP ASAP. This is especially important for points on "income over the last 12 months" factor. The longer you are out of employemnt the less likely you will be able to meet the required income. Finally not to scare you but given your quote that you left the job last year and we are in mid May it would appear you have spent at least six months in the UK on the basis of an invalid WP - it may be a factor considered by the HO when they review your application for Further Leave To Remain in HSMP category. Certainly if they refuse the application you would have to leave the UK as you have no appeal rights on the basis that "you did not have valid leave on the date of HSMP application". I would get a lawyer for this one. Good Luck -------------------- ---audi alteram partem---

Author

Post

Zamboni
Junior Member
Member # 7040

Posted May 13, 2003 03:48 PM

I have a work permit from 2001 - 2006. I left the job that i had the permit from last year. on the score for HSMP, i score 95 so can i apply for HSMP now or do i wait for a while (if so then what for?)
i've been in uk since 1998. earlier as a student and then on work permit. if i apply for HSMP can i work in the mean time and what are the chances of me getting the permission and i got the stay til 2006 anyway! i was working for a while earlier this year but by the time they could come to process my WP, the contract finished (It was with a Govt dept). what can i do now. early replies would be appreciated.
Thanks
Zamboni

Elisa
Member
Member # 2487

Posted May 14, 2003 01:51 AM

If you left your job and are still in the country I would apply now, otherwise you're there illegally after 28 days. Applying for HSMP now will give you reason to remain in the country legally while the application is being processed.

The minute you leave your job that work permit is null and void so you can't stay there til 2006 and you have 28 days to leave the country so unless you have some other visa you are putting your future HSMP application at risk. A work permit is only good as long as you are employed with the company and they will check it if you apply for HSMP.

Kayalami
Member
Member # 5984

Posted May 14, 2003 09:45 AM

Technically speaking the WP is no longer valid once you leave the sponsoring employer. If such departure comes to the attention of the HO then you would get a letter asking you to leave the UK within 28 days of receiving the letter unless you are eligible to remain in the UK in another capacity and apply to do so. The main way for HO to know you left the job is for the employer to inform them. However the employer is not legally obliged to do so. Of course the HO get round this by making it more difficult for the employer to obtain WP's in the future so most employers tend to inform. The HO is a bureacratic mess so it may take several months before they send you the letter. This letter is sent to the most recent address the HO have on your case file.

In the meantime if you find another job you may be able to get a WP. Of course the HSMP route gives you more flexibility by not requiring you to be sponsored or restricting you to a particular employer. You should apply for HSMP ASAP. This is especially important for points on "income over the last 12 months" factor. The longer you are out of employemnt the less likely you will be able to meet the required income. Finally not to scare you but given your quote that you left the job last year and we are in mid May it would appear you have spent at least six months in the UK on the basis of an invalid WP - it may be a factor considered by the HO when they review your application for Further Leave To Remain in HSMP category. Certainly if they refuse the application you would have to leave the UK as you have no appeal rights on the basis that "you did not have valid leave on the date of HSMP application". I would get a lawyer for this one.

Good Luck

--------------------

---audi alteram partem---