request to leave country!

[hallam]

I am a New Zealander that came to the UK Nov 04 on a working holiday visa with my english girlfriend (of 5 years). We married in Oct 05 and I received a residency visa valid til mar 08 due to my marriage. We have now split and the Home Office are now telling me to leave the country. I am a H&S Manager for a large construction compnay and have been with them since Jan 05, they will support me in any way. Can I apply for a Work Permit through them or can I take an alternative path so I am not bound to the company for years?? help please. I really dont want to have to leave the country even though its summer back home! Thanks.

[John]

Can I apply for a Work Permit through them

The technical answer to that must be .... no! .... if only because individuals don't apply for a WP ... the employer does. There is nothing to stop your employer trying to get a WP for you, but in order to do so they will need to demonstrate that they cannot fill the vacancy from the UK, or indeed elsewhere in the EEA.

Should they succeed in getting the WP, you would be allowed to apply for an Employment visa, and if granted that would permit you to stay.

[hallam]

I have mentioned to the company the situation and they are happy to help in any way so I guess I/they will get the ball rolling for the WP application. The obvious problem is the transition between my current residency visa (through marriage) and the WP. More frustration pending one thinks!

[Jeff Albright]

I am a New Zealander that came to the UK Nov 04

Hmm. A little off-topic...New Zealand was one of the countries I was and am considering immigrating to from the UK (after having lived here for 8 years and being "fed up" )

We have now split and the Home Office are now telling me to leave the country.

Could you plz give more technical details on it - are you still within your visa? How are they telling you - using papers or sticks how do you know they want you to leave?
Unfortunately, speaking in terms of the Immigration Rules, they are right... You cannot switch from spouse visa to Work Permit without leaving the country no matter how ridiculous it may sound. If you obtain WP approval you will have to leave the UK, pay ££-s for your trip, and apply for entry clearance as WP holder from there and the good thing - grab a bit of some nice weather there...

I really dont want to have to leave the country even though its summer back home! Thanks.

I am afraid it is not your choice, mate. There are also good things behind it... Just go, apply, enjoy the weather, catch up with friends and family, get your visa stamped and come back...

Good luck!

[hallam]

Thanks for the info, it was what I expected unfortunately. My employer is now contacting their solicitors to see what we can do. Due to my position it is not in THEIR interests to have me leave the country! My visa is a residency one valid until mar 08. If we were still together I could just apply then and get full residency. My fault for being too honest. All communication has been via email from various people within a HO department called 'managed migration'.

Stresssss

[smalldog]

Have you checked whether you are eligible for any EEA nationality, for example by having a grandparent born in Ireland?

[Jeff Albright]

My employer is now contacting their solicitors to see what we can do.

I am afraid there is nothing much you/your employer/your solicitor can do than to go by the rules. The rules state that you have to obtain an entry clearance as a WP holder in order to return to your employment.

Due to my position it is not in THEIR interests to have me leave the country!

It is fair enough however, the bottom line is the applicable immigration rule.

My visa is a residency one valid until mar 08.

So why do they want you to leave?! I have suggested you provide more details on your situation in order to advise you correctly and fully.

My fault for being too honest. All communication has been via email from various people within a HO department called 'managed migration'.

Come on... You are in the United Kingdom and not in New Zealand. You should have learned this in the years you spent here. You have to be honest to the extent that you only strictly and honestly give information that you are asked for, not more and not less.