WHV transfer to WP ... gulp!

[annamabel]

Hi all,

This is my first time using to a forum, so I hope I don't do anything stupid!

I have just returned back from Paris, where I travelled for a day to change my WHV status to 'in process'; as my WP application has just been placed.
My job was advertised (all applicants were reviewed by my employer as unsuitable, before they required to be interviewd), and I hold a Uni degree ... however, my role in the office is quite junior and my pay quite low.

It worries me that I/my role seems relatively junior (even though my employer obviously wants to retain me); not like some senior board director or something.

So ... has anyone else switched successfully; or do any of you have opinions of how my application may go? My stomach is in knots, dreading rejection of my application. The solicitor looking after my app. won't give me ANY indication of how it may go, or how long it will be until I find out. A friendly word or two would be sooo appreciated.

Thanks in advance!

[Chess]

Is it a Tier1 or Tier2 Application?

Have you spent 12 months already in the UK on the WHV?

[annamabel]

Yes, it will be two years in June, having worked for the company since Oct 2003...

[annamabel]

Woops, sorry - it's Tier 2, as my job is not one on the shortage list (hence the advertising of my role)

Thanks

[Chess]

If you are the BEST candidate and your employer can satisfy the advertising criteria and also demonstrate that there is no one in the EU and the UK resident labour force including ILR holders etc ..then you will get the WP


DGood Luck

[Kayalami]

My understanding is that post amendments in the immigration rules for the WHV scheme (House of Commons 302, 11 Jan 2005) effective 8 Feb 2005, one can only switch from WHV to WP FLR in country where the job is Tier 1. You will have to apply for WP EC in your home country. Out of interest has your employer indicated why the other applicants are unsuitable given your comments that "the job is relatively junior".

[annamabel]

Hi Kayalami - thanks for your reply... The solicitor with which I'm dealing, and the Home Office guidance notes for my app. form state that Tier 2 applicants can switch where no other UK/British citizen can do my role the same/better than I.

None of the eleven applications for my role (advertised as requested, nationally, for one week online) fulfilled more than three of the eight seperate criteria that my employer requires (of which I fulfil all eight).

My employer based this decision on reviewing each CV received against a 'matrix' of criteria they developed, that was also reviewed with the solicitor.

Having done all this, and supplying the above info with the app., should fulfil that criteria? Whilst the role is a junior one, it does require both qualifications and experience that I hold... what do you think?

[Kayalami]

Hi Kayalami - thanks for your reply... The solicitor with which I'm dealing, and the Home Office guidance notes for my app. form state that Tier 2 applicants can switch where no other UK/British citizen can do my role the same/better than I.

You fail to note my point. I agree that your sponsor may be successful in obtaining a WP for you based on the relevant criteria. However this is step 1 of the process - you must get further leave to remain (switch visas) on the basis of said WP. Under the amended rules you are not able to do step 2 from a WHV unless the WP issued is for a Tier 1 job - this is clearly not the case. Your FLR application may be considered exceptionally outside the rules if so requested or noted by the HO. Personally I wouldn't risk this as the consequences are as a minimum a messy/adverse immigration record. I would return to my home country and get WP EC. Is there a reason you are unable to do such? Of course the decision lies in your hands.

None of the eleven applications for my role (advertised as requested, nationally, for one week online) fulfilled more than three of the eight seperate criteria that my employer requires (of which I fulfil all eight).

My employer based this decision on reviewing each CV received against a 'matrix' of criteria they developed, that was also reviewed with the solicitor.

Having done all this, and supplying the above info with the app., should fulfil that criteria? Whilst the role is a junior one, it does require both qualifications and experience that I hold... what do you think?

If Work Permits UK are satsified that the matrix is a fair representation of the role vis a vis required skills and qualifications as opposed to a bespoke version in your favour then you should be o.k. else refusal. In short I can't comment further on the chances of success or otherwise without seeing all the relevant paperwork.

[annamabel]

Thanks again for your reply - my understanding is that (if) my WP is granted, I will go pick up my EC from outside of the UK (after applying for it). This is what my solicitor has instructed will be the case.

I was concerned about the likelihood of me a) getting my WP in the first place, and then b) I was unsure if getting the EC was merely procedural after that (obviously getting that out of the UK), or if it's possible to be granted a WP but denied an EC.

In regards to the matrix, I agree with your comments about the criteria being applicable to my job and not me! I feel they are, and I also hope the solicitor is doing his job properly by vetting them against these concerns too!