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And not only just wait for one month doing nothing but your employer will have to show the details of all the candidates he /she has interviewed and convince the HO why you are the ONLY candidate suitable for the job.arnomarga wrote:Yes you have to advertise if its not in a shortage list, also employer has to wait for 1 month after advertisement.
Yes.adona wrote: The reason my employer looking for my work permit is they have spend resources and money to train myself. I have been with the company for past 2 years and knows most of the work and any one else will take time to understand the system.
Do you think this favours me and its enough to convience HO
Yesavjones wrote:It doesn't meet the test under the rules, though?
I would suggest you download the form and fill it yourself and attach a letter from the employer detailing ALL the reasons why they want to continue to employ you and you should be okay.adona wrote:My employer will hopefully advertise the job some time this week.
which would appear to mean you with a SEGS visa, andIf you are applying for a work permit to enable a person who has worked for you while here under another category of the Immigration Rules (for example as a Working Holiday Maker or student) to continue in that employment, you will still be required to show that you have sought to fill the post with a ‘resident worker’
which covers what you said about the training you have had.You will need to show why you cannot fill the post with a 'resident worker' (see paragraph 2). In most cases you will also need to give details of your recruitment methods and give credible reasons why you did not employ a suitably qualified or experienced 'resident worker' or one who, with extra training, could do the job.
According to this, your employer should still advertise the post and show that there are no suitable resident workers, and even that there are no resident workers who need some extra training.The reason my employer looking for my work permit is they have spend resources and money to train myself. I have been with the company for past 2 years and knows most of the work and any one else will take time to understand the system.
but if this was the case, the HO would have to approve every application for a job on the tills in Tesco, or every extremely senior job that is paid at the National Minimum Wage, if the person has already been doing the job working legally.Since the OP has been working with the employer for some time legally, there is no way the HO can make a person umemployed by refusing a WP for the same position in the same organisation.
True but what I have mentioned does not apply to each and every kind of job in the industry.PaperPusher wrote:
olisun wrotebut if this was the case, the HO would have to approve every application for a job on the tills in Tesco, or every extremely senior job that is paid at the National Minimum Wage, if the person has already been doing the job working legally.Since the OP has been working with the employer for some time legally, there is no way the HO can make a person umemployed by refusing a WP for the same position in the same organisation.
When you got the WP, was it done exceptionally at the time? What applied to you may not apply now, or to the OP's situation, just being cautious. It seems that the guidance pretty much excludes already being employed and having had some training as reasons not to try to get a resident worker.True but what I have mentioned does not apply to each and every kind of job in the industry.
I have just mentioned my own personal experience and how my company gave me that one letter which got me the WP.
What I meant was if an application for a low skilled job in Tescos was refused, then it would make the Tesco employee unemployed, just like it could for the OP if their application was refused. Making someone unemployed may not come into it, just whether the application ticks all the right boxes.PS: I haven't yet come across any person who is filling the shelves at Tesco or the likes and who is on a WP
It is unlikely that you would get away with this - and believe me, plenty have tried.Wanderer wrote: I have a limited company still from when I used it for contracting, I was thinking of investing some money, and this bit is quite plausible and realistic, starting a translation and interpreting business within my Ltd, employing my student gf as the translator cos:
a: She's bloody good
b: She was being offered self-emplyed work (via the Police who should know better!) and u can't be self-emplyed on a student visa.
But I was advised here I could do it but I'd find it hard not to have to give the job to some other local/EU or qualified person not on a student visa whrn it came to applying for the WP.
So are we saying we could get away with it? It's not a definate, just another avenue to have.....
Oh, they can and they do. I have known this for student visa holders who have been working part time then full time during the summer, and I have known them refuse for working holidaymakers who have been working in a role for 12 months. They will give very little weight to the fact that the employee has already been workign there and has made himself indespensible.olisun wrote:avjones wrote: Since the OP has been working with the employer for some time legally, there is no way the HO can make a person umemployed by refusing a WP for the same position in the same organisation.