FROM ASYLUM SEEKER TO WORK PERMIT

[Thandia]

Hi, thanks for all the advice reg an ancestry visa application for someone who was an asylum seeker a few months ago. My friend returned to Zimbabwe, applied for & was granted an ancestry visa @ the British Embassy. Kudos to this and other boards for the advice I was able to pass onto her. This was highly appreciated.

I'd like some advice regarding a client (I work as a social worker) who's from Zimbabwe & has been here for 7 years. She lives with her son who's been here for 5 years. She recently qualified with a first class honours degree in Social Work Studies while still waiting for her asylum application to be decided. She is also registered by the General Social Care Council as a registered qualified social worker & is registered with the British Association of Social Workers. Four weeks ago, she finally had her interview after waiting 5 years for it @ the AIT & this was denied. Her solicitor has since filed another appeal.

In the meantime, her solicitor has informed her to try and get a job as her occupation is on the shortage occupations list. She has further told her to ensure the company files the WP application as an IN COUNTRY application & the solicitor will then apply for permission to switch from asylum seeker to WP holder @ the IND on the premise that deportations & returns to Zimbabwe are currently halted as well as the political climate there. Incidentally, this woman is on blood pressure medication and has a stress related illness due to various traumatic experiences back in Zimbabwe. Apparently the solicitor has said this can also be used as a reason to allow the switch.

My questions are mostly the following:
I assumed it wud be easier if this woman's WP application was an OUT OF COUNTRY application then she cud return to Zimbabwe & apply for Entry Clearance. I seem to remember a topic posted months ago by a doctor who was an asylum seeker who obtained a job & returned to his country for EC & this was granted to him within the week. However, for the life of me I cannot find the post here (even gone as far back as 2005). Wud this be possible? Secondly, I'm sceptical that she'll be allowed to switch however, I'm not sure about this. Thirdly, I believe the solicitor is being a tad biased because she has indicated if this woman has to switch in country, she'll have to pay the solicitor for this service as legal aid will not cover it.

I'm really in a quandry as to how best to advice her & would appreciate any input from the board to help this woman. Thanks all.

[stedman]

Isn't putting your client's details on here breaching confidentiality?

[Thandia]

Isn't putting your client's details on here breaching confidentiality?

I have my client's full consent to seek information from external sources. She wud ask herself but she doesn't have a computer & cannot afford the charges @ her local library. Thanks.

[Dawie]

Here's the problem, your client's soliciter is appealing against the denial of a grant of asylum to your client and yet you are contemplating an out-of-country switch which would entail your client returning to Zimbabwe to make an application at the British High Commision there.

If your client is able to safely return to Zimbabwe to make an application for entry clearance, then why is she also applying for asylum?

(Bear in mind that I fully understand the atrocities that are going on in Zimbabwe, but I am just playing devil's advocate here)

[Thandia]

Here's the problem, your client's soliciter is appealing against the denial of a grant of asylum to your client and yet you are contemplating an out-of-country switch which would entail your client returning to Zimbabwe to make an application at the British High Commision there.

If your client is able to safely return to Zimbabwe to make an application for entry clearance, then why is she also applying for asylum?

(Bear in mind that I fully understand the atrocities that are going on in Zimbabwe, but I am just playing devil's advocate here)

Thanks for the response Dawie, I appreciate it. The thing is my client has started looking for a job already. I know one company has been prepared to apply for a WP for her & she's not sure if she shud ask for an in-country WP. What are her chances of being allowed to switch? Is the switching issue not set in stone then?

I have other Zim clients who are asylum seekers who've not been allowed to switch when they get married. They've been told to return to Zimbabwe to apply for spousal visas there. Isn't this the same thing? How r they expected to return to Zimbabwe when they have just claimed asylum regarding the stuff going on there?

It's a catch 22 situation. I'm in a quandry as she'd like to know what I think.

[Dawie]

I think if your client can get someone to successfully sponsor a work permit for her in the UK then that would be far preferable to claiming asylum.

As far as switching is concerned, bear in mind that the UK government has regularly been sending back failed Zimbabwean asylum seekers despite the horror that is unfolding in Zimbabwe. So I doubt they will make an exception for allowing your client to switch in-country. Others might be able to comment more about this. But from what I've read on this board, they are very strict about switching.

I'm not 100% about this, but if your client is granted a work permit and she has to make an out-of-country application for entry clearance in Zimbabwe then the British Embassy in Harare might be concerned about the fact that she has an asylum appeal pending and yet has somehow managed to safely fly back to Harare to make an application.

[Thandia]

I think if your client can get someone to successfully sponsor a work permit for her in the UK then that would be far preferable to claiming asylum.

As far as switching is concerned, bear in mind that the UK government has regularly been sending back failed Zimbabwean asylum seekers despite the horror that is unfolding in Zimbabwe. So I doubt they will make an exception for allowing your client to switch in-country. Others might be able to comment more about this. But from what I've read on this board, they are very strict about switching.

I'm not 100% about this, but if your client is granted a work permit and she has to make an out-of-country application for entry clearance in Zimbabwe then the British Embassy in Harare might be concerned about the fact that she has an asylum appeal pending and yet has somehow managed to safely fly back to Harare to make an application.

Thank you. Much appreciated.