In-country/out-of country work permit;FLR vs Entry clearance

[seanjoe]

Hi there, I am a new zealand citizen and my wife and I both came here to the UK on working holiday visas. I worked a full 1 year in the UK before my employer appled for a work permit for me whilst I was in the UK. I had to leave the country to get my entry clearance, which was really aggravating (2 weeks off work and about £800 in travel, etc).
My wife now has got a work permit also, but it seems her's is an in-country work permit, the so called "leave to remain" team have said that she can just apply on an FLR form to change her leave to remain.
What i'm confused about is: my wife and I both completed the forms in exactly the same way, almost word for word.
the result: she gets an 18 month work permit (on her 2nd attempt) which is in-country, and I gota 5 year work permit (on 1st attempt) which is out-of country.

Am i missing something somewhere? Why the difference?

Please someone help.
Sean

[WoodieG]

It sounds like her job is on the Shortage Occupation list. What job does she do?
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[seanjoe]

I've already checked that. Her job title is: Software/Implementation Consultant. Last time I checked, nothing like that even close on their 'list'.

[WoodieG]

Has she applied for the Leave to Remain yet?
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[seanjoe]

She has not applied yet as her Working holiday visa expires by May 2007. We have already made bookings for her to fly to her home country to get her entry clearance, but what has thrown us off guard is her acceptance work permit letter which says that she should now apply for FLR; which is what is confusing us. So should she apply for FLR in the UK or leave to home country and apply for entry clearance?

[WoodieG]

Right, I know what has happened.

Her employer has applied for the work permit but not told the Home Office that they need an 'out of country permit', as a result they have an approval letter than can only be used for leave to remain. The problem is though that your wife is not eligible to apply for leave to remain.

To resolve the problem, her employer needs to apply for another work permit this time requesting an out of country permit by covering letter. Then she will need to leave the UK and apply for entry clearance. The letter she has cannot be used for entry clearance purposes.
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[seanjoe]

This is serious. Does this mean that she has to go through the whole procedure of applying for a work permit and paying the £153 again?? Could she just not inform work permit to revoke this acceptance letter and give a new letter.

[Wanderer]

This is serious. Does this mean that she has to go through the whole procedure of applying for a work permit and paying the £153 again?? Could she just not inform work permit to revoke this acceptance letter and give a new letter.

Doesn't the employer apply for and pay for Work Permits, not employee?

[WoodieG]

Yes, the work permit needs applying for again, they won't just reprint one in these circumstances.
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[jes2jes]

Yes, the work permit needs applying for again, they won't just reprint one in these circumstances.

I beg to differ from the above. It is a mistake alright but the WP does not need re-applying. The Employer needs to contact WPUK and inform them the applicant/employer needs an out of country letter to apply for an EC Visa from New Zealand.

My sister in-law was in the same boat two months ago. The employer called WP UK to reissue an out of country letter and she has successfully applied for an EC and has been in the country since last Friday..

All the best.

[WoodieG]

Re-printing for free in this situation is certainly not their official line, by all means get the employer to ring the appropriate business team and see what they say. But don't be surprised if they tell them to apply again.
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