New work permit applied but wants to apply for HSMP

Hello everyone,

I have a complicated situation. I have just changed jobs and my current employer has applied for a work permit for me and have received an approval letter from Work Permits UK. Since I have leave to remain for the previous work permit, I have 6 months to submit my FLR (IED) for the new work permit in March 08 (6 months deadline). I am allowed to work in the country in the strength of the work permit approval and previous FLR. I moved location etc for this job and a month down the road, I am not happy with it. I am planning to apply for HSMP as I qualify for it with a total of 80 points. If I apply for HSMP and it gets approved will it overwrite the new work permit? Is so, what will happen to my status? Do I apply for FLR for the new work permit whilst submitting the HSMP application? Or shall I apply for HSMP and if approved apply for FLR (IED)?

Moderators, Seniors, everyone....please advise. I really need to apply for HSMP as I am not happy at all with my current employer and made the biggest mistake to move job and location.

Thanks,
P R

Theoretically speaking, your leave to remain ceases 1 month after you leave your previous work permit job. However, since you have obtained work permit approval, you can wait 6 months to apply for the FLR (IED) based on the fact that you have a work permit authorisation.

However, if you decide to switch job, your work permit letter that you have just obtained is invalidated, which means that the question has to be asked: as of today, has more than 390 days passed since you left your pervious job? If the answer is yes, you will have to apply for the FLR (IED) for the work permit, and then switch to an HSMP.

The HSMOP is not a TIME-DEPENDANT visa, hence you can only apply for this visa on the strength that you have sufficient time and leave to remain on your present permit.

I would suggest you go though with the FLR (IED0 and then apply for the HSMP and then apply for the FLR (HSMP) in that order.

Hope this helps.

Thanks for your advise. The situation is that it only has been 6 weeks since starting the new job. I have not resigned and joined another place yet but looking at options. What do you mean by 390 days? what does that mean?

Isn't applying for FLR for work permit, then HSMP and the HSMP (FLR) is wasting money? Couldn't I just apply for HSMP and if approved, apply for HSMP (FLR)? I am still employed by the new employer.

Please help!!!

Legally, you are allowed to work in the new company only if the new FLR (IED) has been stamped on your passport. You are only allowed to serve your notice in the previous company with your current WP. To avoid complications, you should apply for your FLR on the basis of the new WP approval. You can parallely prepare for HSMP. This is perfectly alright. It sounds like waste of money but this should be the right route to take (as suggested by SeanJoe).

This is what was sent to me by Work Permit UK with regards to my question:

You are permitted to start employment with the new company on the strength of the work permit approval, but as you have mentioned, you must apply for leave to remain within 6 months of the date of the approval letter, otherwise your work permit would become invalid.

Regards
WPLTR

Any suggestions?