Working in England under FTS, HSMP (FLR) refused... (URGENT)

[Abd83]

Hi,

I am working in England under FTS (Fresh Talent Scheme) VISA. A month ago I applied for HSMP and my application was approved. But I got refused when I applied for HSMP FLR (Further Leave to Remain). They have't mentioned explicitly that the reason of rejection is FTS but they do say you have failed to observe the conditions attached to the grant of your leave. My FTS VISA is expiring end of this year. Any help will be highly appreciated.

Thanks

[gordon]

I'm aware of only one Fresh Talent scheme, that for working in Scotland. Would working in England, rather than Scotland, constitute a failure to meet one of the conditions attached to your FT:WISS leave ?
AG

[Abd83]

Thanks for your reply Gordon,

I investigated few months back by phoning them and through different official websites, and found out that under FTS you can work in UK, its not illegal. Also last year my company inquired about it and confirmed its legality. I think they encourage working in Scotland but you don't violate any rule if you work in England. This is what I found on one of their official websites.

A Fresh Talent: Working in Scotland Scheme participant cannot apply for settlement but can apply in-country for leave to remain in one of the following four immigration work categories:

1.Work permit employment (provided that the employment is based in Scotland)
2. Highly-skilled migrant programme
3. Innovator
4. Business person


Did I misunderstand something?

Thanks

[WoodieG]

I think that part of the Fresh Talent criteria is that the applicant "intends to work in Scotland". Did you ever actually work in Scotland?
________
Yamaha Ya-1

[Abd83]

No I have not worked in Scotland at all.

I graduated from Scotland and wanted to work there, but after five months of job search I could not get job related to my field then I decided to move down in England.

[gordon]

I don't think there's any question that you're allowed to switch in country from FT to HSMP(FLR); I think the issue is that FLR can be refused if terms of your current leave are not met.

143A. The requirements to be met by a person seeking leave to enter as a Fresh Talent: Working in Scotland scheme participant are that the applicant ... (iii) intends to seek and take employment in Scotland during the period of leave granted under this paragraph;

The way that the immigration rules use the word 'intends' seems to depart from what you were advised, that the BIA merely 'encourage working in Scotland'. Implicitly, it seems to me that you were actually required to make good on that intention to 'seek and take employment in Scotland' --- just as highly skilled migrants must make good on their stated intention 'to make the United Kingdom [their] main home' and can be refused further leave if evidence are to the contrary.

You might want to get your company to reconfirm what the BIA told them re: the permissibility of your working in England, rather than Scotland; with all of the different and changing schemes for graduates (SEGS, IGS, FT:WISS), I wonder whether it got jumbled.

AG

[Abd83]

l got the refusal letter today and will raise it with my company on Monday.

As per the quote, Does it mean I wont be able to get FLR under any scheme (HSMP , Work Permit)? And why dint they explicitly mention"(provided that the employment is based in Scotland)" for HSMP? When I phoned them (2 months back) before applying, I was told that you can get your passport stamped here in UK under HSMP, and for Work Permit because you are on FTS, your application can be approved here but to get it stamped you have to go to your country. Then after discussing it with my company we decided to go for HSMP. In the refusal letter they have even mentioned that you are not allowed to appeal against this decision but you can stay under the scheme you are currently on (until it expires).

[gordon]

My sense is that your problem has more to do with the FT visa and adherence to its conditions, not the pathway by which you attempted to vary your leave. Potentially contravening the conditions of your current (FT) visa would be grounds to refuse further leave (or entry clearance) under any immigration category, or even curtail your current leave. A colleague of mine who'd been on FT was advised to switch to WP when he wanted to move to a position in England, the logic being that his FT visa implied employment in Scotland specifically. In a restrictive reading of the rules, I think the argument would be that your employment under FT should have been in Scotland (not that your planned employment under HSMP be so going forward).

But I'm not a specialist by any measure. On the one hand, the immigration rules (cited earlier) seem quite straightforward on this point, but the caseworker notes seem to suggest a less restrictive interpretation; see section 4 in: http://www.bia.homeoffice.gov.uk/docume ... iew=Binary

[pantaiema]

Abd83

I think the main point here is that U need to present evidence that Under FT U could legally work in England. U could not use the telephone conversation as evidence if U want to present your case unless U have recorded it (probably, do not know for sure). U could probably use emails or official Government website as evidence which have confirmed this.

Sofars there have not been any such evidence have been presented in your case. Sofar in the requirement it has mentioned U intend to work in Scotland. It does not say U have to, but It also does not say U do not have to either. So this is still a grey area and therefore open to interpretation. U know the CW are allowed to make their own interpretation in the grey area and that is probably what they have done.

It is common sense to assume that they try to avoid unfair competion in the UK job market when people might use FT route as a tool similar to WP to compete in the job markets in the UK.

Thanks for your reply Gordon,

I investigated few months back by phoning them and through different official websites, and found out that under FTS you can work in UK, its not illegal. Also last year my company inquired about it and confirmed its legality. I think they encourage working in Scotland but you don't violate any rule if you work in England. This is what I found on one of their official websites.

A Fresh Talent: Working in Scotland Scheme participant cannot apply for settlement but can apply in-country for leave to remain in one of the following four immigration work categories:

1.Work permit employment (provided that the employment is based in Scotland)
2. Highly-skilled migrant programme
3. Innovator
4. Business person


Did I misunderstand something?

Thanks

[touchsensor]

Hi there,

I am just curious what was the outcome of this situation as from the threads I understand it was a mistake. There have been circumstances where overstayers were given EC and I am sure that is technically not abiding by the terms and condition of the previous visa.

Does anyone know?

P