Working holiday maker to Work permit holder

I currently hold a valid woking holiday visa (valid till April 2006) and need to apply for my work permit in April 2005. I do have a permanent job, but the company says that I need to apply for my permit on my own, but they will supply all supporting documents.

I have had a free assessment done by a agent, but they have told me that I don't qualify for a permit as my position is not in shortage in the UK. I am educated enough to qualify for the visa, but the problem is my job description.

Do you think that I should try to apply on my own, with all supporting documents, or do you think I should try to get the services of a solicitor involved?

Thanks for the help

I currently hold a valid woking holiday visa (valid till April 2006) and need to apply for my work permit in April 2005.

If your visa is valid until April 2006, why do you need to apply for a WP in April 2005? Is that a typo?

I do have a permanent job, but the company says that I need to apply for my permit on my own, but they will supply all supporting documents.

I have had a free assessment done by a agent, but they have told me that I don't qualify for a permit as my position is not in shortage in the UK. I am educated enough to qualify for the visa, but the problem is my job description.

Work permits are applied by the company and not by an individual. In an individual capacity, even if your skills were in shortage, you will not be able to obtain a work permit.

If you have the time until April 2006, then strongly consider applying for HSMP. It will give you more flexibility and not tie you to any company.

Hi there!

Thanks for the reply. No there is no typo on the previous message. I need to apply in April 2005, as you have to complete 12 months on a working holiday maker visa, before you can apply for a WP.

I have done some online assesments with regards to HSMP visa's, but I am not skilled enough to qualify for this permit.

So I take it from your reply, and keeping my situation in mind that I won't be able to obtain a WP, and thus will have to leave the UK before april 2006.

Any additional comments or ideas that I can try?

Thanks

I have had a free assessment done by a agent, but they have told me that I don't qualify for a permit as my position is not in shortage in the UK. I am educated enough to qualify for the visa, but the problem is my job description.

1.For WorkPermit there are 2 types of applications
a.Tyre 1 --- For Shortage Occupations.
b.Tyre 2 --- Other Occupations -- The employer needs to prove why he recruited you instead of British Nations.

Ex: They should proved details of number of candidates interviewed , Job Ads in News Papper or Website.

To my knowledge yours will come under tyre 2 .You have'nt mention you job details but if you are earning > £18k per annum you are qualified under tyre 2 .

Check the qualifications criteria below:


Skills, qualifications and experience criteria

27. To qualify for a Business and Commercial work permit the job must meet the following criteria:

EITHER – the job must require the following qualifications:

(a) a UK equivalent degree level qualification; or

(b) a Higher National Diploma (HND) level qualification which is relevant to the post on offer; or

(c) a HND level qualification, which is not relevant to the post on offer plus one year of relevant full time work experience at National/Scottish Vocational Qualification (N/SVQ) level 3 or above;

If your company is willing to provide all the documents required I suggest you approach a lawyer or agent ( Experienced ) and you can ask them to apply on you company behalf.

But remember your company should give the following supporting documents if they have not applied for workpermit before :

Details from B&C notes:

Establishing your company

18. If you have not applied for a work permit in the past five years you should send documents which establish that you are a UK-based employer, with a presence in the UK and which is capable of offering a genuine vacancy. Please send:

(a) A copy of the UK employer’s latest audited accounts with the accountant's name clearly shown, or a copy of the latest annual report.

(b) In addition please send any other relevant documents that clearly show the company is a UK-based employer. Please provide as many recent examples from the following list, as possible:
• Annual report;
• Certificate of Employers Liability;
• Lease of premises and floor plan;
• Copies of necessary registration documents (for example with the Local Health Authority);
• Invoices;
• Utility bills;
• VAT returns;
• Accounts submitted to the Inland Revenue; and
• P24N1 document from the Inland Revenue


Please read the B&C notes for clear picture :

http://www.workingintheuk.gov.uk/workin ... Cnotes.doc

Hi again.

Well thanks for the info. I am reading them and will ask any question if I have a problem.

In response to your reply:

I do earn more than 18K per annum.
The skills required for my position are as follows:
Qualifications / Experience / Skills
GCSE or equivalent in English and Maths
PC literate
Excellent communication skills
Demonstration skills
Selling skills
Training skills
Good team player
Time management skills
Knowledge of vertical markets
Knowledge of leasing
Understanding of prospecting activities

Lastly, my company have applied for a work permit in the past five years, so they won't have to 'Establish a company' again.

Hope this helps to give you a clearer indication, and if it will be worth my while going ahead with the application or not.

Thanks for the info!

Do u know if you company has applied for workpermit for the same position as yours ?

If yes then you should defnitely be qualified for that.

50% if you problem is solved as your company has applied for workpermits before.

One think I dont understand is y they not not willing to apply on there own

Check your qualifications against the requirements in the B&C notes.


Remember Job Ad details are a must , and also a explanation from your employer that they could'nt find a resident for this position

Yes the company has applied for someone in a similar position than mine before, and the application got approved.

When the ad for the position was posted, there was a total of 13 positions availabile with the same job description. 12 of the positions was filled by UK nationals, and then I was the 13th person. Do you think that this can be a problem with the application?


With regards to the B&C notes. I am not sure what GCSE and HND qualifications are. I have passed high school, and two international computer qualifications (Diplomas). Do you think that this might cause a problem as well?

Thanks for all the help. It is of great assistance. I am talking to my manager to make him aware of the criteria, and to hopefully convince them to apply for my WP. I'm also not sure of why they are not willing to apply for my WP as they have done in the past

When the ad for the position was posted, there was a total of 13 positions availabile with the same job description. 12 of the positions was filled by UK nationals, and then I was the 13th person. Do you think that this can be a problem with the application?

Well it depends how your employer explains it to home office.In my case there were 3 rounds of itnerview and for the final interview ... 5 people were left out of which 4 were residents and I am not ... to my surprise they offered me the job.And they explained this to Home Office.

In your case the way they recruited you can be a + point if they give good explanation something like ...

Ex:They can write something like ...

Among the people who applied applied for the position "XYZ" is another best candidate for the job.He demonstrated excellent skills and is extreamly talented ... etc

Another question for you if you have a visa till 2006 y cant you apply for workpermit before it expires or before 3 months to be on safe side ?

With regards to the B&C notes. I am not sure what GCSE and HND qualifications are. I have passed high school, and two international computer qualifications (Diplomas). Do you think that this might cause a problem as well?

I am not sure either ... but if you have a diplomo and 2-3 years experience in the relavant field that should not be problem.

I think you have 70% chances of succeeding with your WP application.But again it needs good presentation & supporting docuemnts . ( yours & employers)

But again this is my openion ...

Hi ND

Regarding you posting:Another question for you if you have a visa till 2006 y cant you apply for workpermit before it expires or before 3 months to be on safe side ?

I will be applying for a WP before it expires. I want to apply in April 2005, and my current visa is valid til 2006. Do you think it will be beneficial if I wait?

I'm not sure what you mean with this.

Thanks for the 70% rating! I gives me some hope! One major hurdle that I need to overcome is to get the company to do the application!

I will be applying for a WP before it expires. I want to apply in April 2005, and my current visa is valid til 2006. Do you think it will be beneficial if I wait?

Well the reason I asked you is if you have a visa till April 2006 then if I were in your situation I would send my WP applicaiton around Jan 2006 because :

1.If you move to WP now ... You are entitled to work only to your current employer if by bad luck if something happens to your job say for ex: redundancy or layoff.Then you should leave the country within 1 month unless you get another job and that employer is willing to apply for WP.

But if you are on working holidays visa you can look for another job without restrictions.

2.Your current employer can give better explanation of y he wants to apply for WP for you.( greater chances of success).

Again its my openion ...