TWES switch to Business and Commercial

[ksvogel]

I have been over in the UK working since August 2007 and have recently gotten an offer from a different employer for a full time position. When my current company tried to counter offer it came to light that I am here on a TWES permit rather than a Business and Commercial. I am desperate to know the probability of this happening. I know the rules around the TWES but I cannot imagine that there are absolutely no exceptions to this rule. If any one has ANY information please help.

Going out on a limb, will the new change to points based system help me at all? I find it hard to believe that although I qualify as a HSM and I have lived here and abiding by all laws that I will be denied but governments have a tendency to not be rationale...

[PaperPusher]

Hello ksvogel

Your employer must have applied under the TWES arrangements - they signed the form. If it is a mistake on behalf of UKBA your current employer should get in touch to rectify it asap.

If your employer did apply under TWES, they signed the form & were told to read the guidance.

TWES permits are to allow people to do work experience or work based training and then leave the UK and use their skills abroad. There is no resident labour market test under the TWES arrangements and you should be additional to your employer's requirements because you are there to learn. The wages that UKBA expect for TWES are lower than on the buiness and commercial work permit, maybe that is why they went for it.

The letter that the employer got when the permit was issued would have spelled out clearly the restrictions and that you would not be able to switch to business and commercial work permits without leaving the UK and spending time abroad.

TWES is not a route to permanent employment in the UK.

If it was not suitable for you and your plans, you should not have come to the UK with the permit.

The only exception is if you get a job on the shortage occupation list, or spend almost a year out of the UK. Or if there are compelling and compassionate reasons - a VERY high hurdle.

I cannot find anything that says TWES permit holders cannot switch to Tier 1 in the UK. However, as I said TWES permits usually have lower wages on them.

You can change employer, but only to carry on doing training or work experience.

TWES guidance

114. We will give permission only where the person is to continue a training or work experience programme which we have already approved. They should resume their training or work experience at the stage they had already reached with their previous employer. We will approve only for the balance of the period agreed in the original application.

What is your post & are you doing training or work experience?

Regards

PP

[ksvogel]

Thanks for the info PP. I am on in a Professional Development Program with a US based employer for 3 years. The first were spent in the US and the 3rd in the UK. I am on a work experience permit but the experience I have gained is barely usable in the US and the knowledge is so specific to the UK market which is why I am so eager to stay. I did not know that there were different permits and restrictions to staying. I just don't understand why the UK would want to lose the expertise I have gained while here and why it is such an issue. You mentioned that I could transfer to Tier 1, is that the Highly Skilled Migrant Worker Tier? If my permit is up August 27 should I begin that process now and would that make me eligible with the employer which has made me a job offer?? Your help is much appreciated!

Kar

[PaperPusher]

Hi

It is an issue because the employer did not advertise the post - it is a scheme where people are expected to leave and then use the skills they have gained abroad. On the other hand, it is easier to get a TWES permit because the wages can be lower, and the person can have lower qualifications or less experience. Swings & roundabouts I am afraid.

You have only been here less than a year, and you are doing work experience to boot. You are not even supposed to be filling a real job. If you are, you are working illegally.

I will give you a quote from the guidance, first section, first paragraph from the TWES guidance!

Section 1 – The Criteria

Overview
1. The purpose of Training and Work Experience Scheme (TWES) is to enable individuals to gain skills and experience through work-based learning, which builds on their previous education and training and which they intend to use on their return overseas. We issue TWES permits where a genuine need exists for a person to do:
(a) work-based training for a professional or specialist qualification; or
(b) a period of work experience.

Also see further on in the guidance:

17. We approve TWES permits on the understanding that the person intends to leave the UK at the end of the agreed period to use their new skills and experience. It is important to note that an individual who holds a TWES permit will not be allowed to transfer to work permit employment. For further information on the switching rules please refer to our website www.ukba.homeoffice.gov.uk.

Sorry to be harsh, but best to work around the problem rather than whinge about it.

If you are interested in Tier 1, use the UKBA points calculatorto see if you qualify. There is another part of the forum where you can get advice about Tier 1. If you get Tier 1 you can work for whoever you want.

There is nothing in the guidance to say that you cannot transfer to Tier 1. But please check this out further.

If you cannot find a route to stay, at least you are with an employer who has given you a three year professional development programme. They have even let you get experience that is not directly relevant to your job in the US. Maybe you need to point out to your employer that you cannot switch to a work permit if they want you to stay. They should be aware of this, but maybe they are not.

The specifics of Tier 2 have not been released yet, so I cannot give any advice about how you could stay under that scheme.

How do you know that you have got a TWES permit (just checking)? What is the post?

Happy researching.

PP

[ksvogel]

Thanks PP. I appreciate your knowledge on the topic and it is very much in line with everything I have been reading as well. I just keep hoping someone will know of an exception, if one has ever been made.

You asked how I know I am on a work experience TWES and the reasoning is I received an offer from a different employer than the one I am with currently and began researching how to switch my permit, at the time I thought I was on a general work permit. The reason I began looking outside my current employer is that my 3 year program is now complete and there are no opportunities with them to continue in the UK market. I have thoroughly enjoyed working in the UK market and have become successful in my field which would be irrelevant back home.

I have checked out the Tier 1 status prior to even finding another job and I do qualify through the points based system. After reading your post it prompted me to revisit this idea and you are correct, there are no explicit guidelines restricting this switch. In the Tier 1 guidelines it even states:

[/quote]Switching into the Tier 1
(General) route Switching is permitted by applicants who have, or were last granted, leave as :
a Highly Skilled Migrant;•
an Innovator;•
a Participant in the Fresh Talent: Working in Scotland Scheme;•
a Participant in the International Graduates Scheme (or its predecessor, •
the Science and Engineering Graduates Scheme);
a Postgraduate Doctor or Dentist;•
a Student;•
a Student Nurse; •
a Student Re-Sitting an Examination;•
a Student Writing-Up a Thesis; •
a Work Permit Holder;•
a Businessperson;•
a Self-Employed Lawyer;•
a Writer, Composer or Artist;•
a Tier 1 (Entrepreneur) Migrant;•
a Tier 1 (Investor) Migrant; or•
a Tier 1 (Post-Study Work) Migrant. •

Am I correct in saying that since a TWES is a type of work permit I therefore am allowed to switch to Tier 1??? This would be the answer to my prayers but as I have already grown accustomed to, UK HO is not as clear as they think their guidelines are...

Any more info you have would be of great help. i.e. is it hard to obtain a Tier 1 even if I qualify, how long will it take, do I need to apply outside of the Uk etc.

Thanks so much for your guidance!

Best,
Kar[/i]