URGENT ADVICE NEEDED PLEASE! ASKED TO LEAVE THE COUNTRY!

[MartinKing]

You could have had an appointment with me this week, but never mind!

I am afraid that the Home Office decision seemed right to me, and you were lucky that he refused to accept the application, rather than accepting then refusing and you losing the money.

If you wish to switch from a student visa to a work permit then you must have a valid student visa and you must have completed the course for which that visa was granted. As you have not finished the course, you cannot switch.

So, you have a choice -

1) Get the employers to make an 'out of country' work permit application (you can be physically in the UK when they do this) and then, when ti is approved, you go home for entry clearance

2) From within the UK, you apply to remain as the spouse of an EEA national.

Victoria

Hi Victoria,
Thanks for your posting.

Regarding the first choice: I have been told by some lawyers that the employer needs to sign a declaration that the applicant is physically outside the country at the time of the application. Is that true? How long the whole process would take? would it be easier because I already have already been granted one previously? or would be harder because I'm applying from outside the country?

As for the second choice: It have to be stripped from my passport for not less that 6 to 7 months as I can not make an appointment in person. or do you think I can?

Thanks to you all and please let me know your views.

All the best
M.K.

[paulp]

Regarding the first choice: I have been told by some lawyers that the employer needs to sign a declaration that the applicant is physically outside the country at the time of the application. Is that true? How long the whole process would take? would it be easier because I already have already been granted one previously? or would be harder because I'm applying from outside the country?

It's not a declaration. Your employer has to send a cover note with your WP application, saying that although you are presently in the UK, it is an out-of-country application.

Victoria, can you clarify that because it is an ooc application, can the work permit be delivered to the op in the UK or will it need to be sent to the embassy/high commission in his home country?

[MartinKing]

Victoria, can you clarify that because it is an ooc application, can the work permit be delivered to the op in the UK or will it need to be sent to the embassy/high commission in his home country?

That is a very good question. Thank you Paulp. I hope Victoria can answer soon.

Thank you all, I'm still interested in your views. please send me more.
M.K.

[SYH]

Regarding the first choice: I have been told by some lawyers that the employer needs to sign a declaration that the applicant is physically outside the country at the time of the application. Is that true? How long the whole process would take? would it be easier because I already have already been granted one previously? or would be harder because I'm applying from outside the country?

It's not a declaration. Your employer has to send a cover note with your WP application, saying that although you are presently in the UK, it is an out-of-country application.

Victoria, can you clarify that because it is an ooc application, can the work permit be delivered to the op in the UK or will it need to be sent to the embassy/high commission in his home country?

What does it matter he has to go back home for EC

[Sam123]

If you wish to switch from a student visa to a work permit then you must have a valid student visa and you must have completed the course for which that visa was granted. As you have not finished the course, you cannot switch.

Hello Victoria

Is it a new rule that candidate has to complete the course before switch to WP? Even the candidate already has got a degree to fulfil that job.

Thanks
Sam123

[paulp]

What does it matter he has to go back home for EC

If he has a choice, he will need to specify which one he wants in his cover note.

[SYH]

What does it matter he has to go back home for EC

If he has a choice, he will need to specify which one he wants in his cover note.

which one what?
he needs both

[MartinKing]

What does it matter he has to go back home for EC

If he has a choice, he will need to specify which one he wants in his cover note.

which one what?
he needs both

Hi SYH,
Thanks for your post.
on my current approval it's mentioned clearly that this is an in-side country application.
I know that in both cases I need to go abroad, but what makes the difference is the time that I spent away from the UK as I'm currently tied up with my PhD and every minute counts.

So it would be great if members can advice me if I need to leave BEFORE proceeding the work permit or AFTER being granted one. It would extremely helpful to know.

Many thanks again
All the best
M.K.

[paulp]

which one what?
he needs both

The question is whether he has a choice/needs to specify if he wants the work permit sent to his employer in the UK or to an embassy/high commission abroad.

[SYH]

What does it matter he has to go back home for EC

If he has a choice, he will need to specify which one he wants in his cover note.

which one what?
he needs both

Hi SYH,
Thanks for your post.
on my current approval it's mentioned clearly that this is an in-side country application.
I know that in both cases I need to go abroad, but what makes the difference is the time that I spent away from the UK as I'm currently tied up with my PhD and every minute counts.

So it would be great if members can advice me if I need to leave BEFORE proceeding the work permit or AFTER being granted one. It would extremely helpful to know.

Many thanks again
All the best
M.K.

Victoria answered that question so why do you keep trying to make it into something more

[MartinKing]

which one what?
he needs both

The question is whether he has a choice/needs to specify if he wants the work permit sent to his employer in the UK or to an embassy/high commission abroad.

Hi SYH
I'm sorry I didn't mean to repeat myself but I was trying to ask the same question that Paulp is proposing. Do I HAVE to leave before the application is being made? or can I WAIT IN THE UK for it and collect it? and if so, would you be able to provide me with any piece of evidence (from the law or website) as my employer insists on me leaving before I apply. That's why.

Thanks again for you all.

[paulp]

Martin King, because you're going to do an out of country application (whilst still in the UK), you will probably have to have your work permit sent to the embassy/high commission in your country of origin. In your cover note, give a uk contact number so they can let you know when your wp is sent there. As soon as it arrives in your home country, you can fly home to pick it up and do your entry clearance.

If you're having problems convincing your employer or are not sure how to draft the cover note and what to do, get in touch with Victoria via email/pm and employ her services to act as your representative, both for dealing with your employer and the home office.

[PaperPusher]

Hello MartinKing

This is from the Guidance for Employers. It is to be used from 19th November. There is a fancy new box to tick on the form to be used from 19th November.

ww w.ind.homeoffice.gov.uk/6353/11406/workpermits/bc(g).pdf

82. Where an application has been made to employ a person who is outside of the UK at the time of the application, we will issue a work permit, which should be forwarded on to the person overseas so that they can apply for entry clearance.

83. Where the person is already in the UK at the time of the application we normally issue a letter of permission rather than a work permit.

84. If a person who is present in the UK in an Immigration category other than work permit employment and they do not qualify for Further Leave to Remain under the Immigration Rules on switching (see paragraph 200), you may wish to ask for a work permit to be issued rather than a letter of permission for the person to use to apply for entry clearance when they return overseas. In such a case mark the appropriate box 39(b) on the WP1 application form.

Victoria was right, you do not have to leave. The employer just has to tick the appropriate box.

By the way, what nationality are you? The employer could ask for a six month permit for you on the new application. This would only be any use if you are a non visa national, your employer doesn't mind applying again on WP1X with another £190 in six months or so, and if they are delays getting entry clearance that you cannot tolerate, this may be a possible option IMO.

From the guidance again

181. Work permit holders who have a permit for six months or less are not required to obtain entry clearance unless they are a visa national. If a work permit holder has not obtained entry clearance and they leave the Common Travel Area (the UK, Channel Islands, Isle of Man and Republic of Ireland collectively form a common travel area) during the validity of their work permit, their landing permission will lapse.

Up to you and your employer.

Regards

because you are sounding disabled

Not very nice. What is wrong with sounding disabled anyway? The poor poster's employer seems to be on their back, and that would make me double check.

[Docterror]

If you wish to switch from a student visa to a work permit then you must have a valid student visa and you must have completed the course for which that visa was granted. As you have not finished the course, you cannot switch.

Victoria, are you sure about that? Where can I find the relevant rules to that information?

[PaperPusher]

Martin King, because you're going to do an out of country application (whilst still in the UK), you will probably have to have your work permit sent to the embassy/high commission in your country of origin. In your cover note, give a uk contact number so they can let you know when your wp is sent there.

paulp, this is not the case! The permit will be sent to the employer or the employer's representative. The employer is the one making the application. The employer or representative could try to arrange a courier to pick it up, then it could be sent wherever they want from Moorfoot. Whether that is directly to MartinKing in the UK or overseas is up to the employer. BIA will not send it overseas themselves.

How many days do you have to get this done MartinKing? If you are doing this with a representative, you could see if they use e-forms. This could save a little time.

Regards

PP

[paulp]

paulp, this is not the case! The permit will be sent to the employer or the employer's representative. The employer is the one making the application. The employer or representative could try to arrange a courier to pick it up, then it could be sent wherever they want from Moorfoot. Whether that is directly to MartinKing in the UK or overseas is up to the employer. BIA will not send it overseas themselves.

Thanks for the clarification paperpusher. That was the information we were trying to get from Victoria.

[VictoriaS]

Thanks for the clarification paperpusher. That was the information we were trying to get from Victoria.

Unfortunately, I am not on this site 24/7 so I can't reply instantly.

But paperpusher's advice is totally correct.

Docterror - yes, I am 100 per cent sure. It is in the rules.

I am also sure that the application can be made while the applicant is in the UK.

Martin - I really suggest that you advise your employers to contact me for representation on this.

Victoria

[SYH]

Hi SYH
I'm sorry I didn't mean to repeat myself but I was trying to ask the same question that Paulp is proposing. I HAVE to leave before the application is being made? "Victoria an immigration consultant told you NO"or can I WAIT IN THE UK for it and collect it? Victoria told you NO and if so, would you be able to provide me with any piece of evidence (from the law or website) as my employer insists on me leaving before I apply. That's why.

Thanks again for you all.

Sorry Guru SYH,
But it seems you are sounding disabled too because she said NO to the first question and YES to the second!
Thanks anyway!
M.K.

No she said you have to go home for EC. Collecting it here or there makes no difference but if you understood it so well, then why do you keep asking the same questions

[paulp]

Unfortunately, I am not on this site 24/7 so I can't reply instantly.

I didn't mean to convey that you were/could.

[MartinKing]

Dear all,

I have just called the work permit help line. The guy said that it used to be the case the employer has to sign a declaration that the applicant is outside the country, but this condition has been relaxed.

He also said that the UK degree requirement is related to the current issued visa. So the question now is whether my residency can be considered continuous or not.

He said I could send the home office a fax and explain the matter regarding my residency. Do you think it helps?

Have you ever tried faxing the home office regarding any matter? are they helpful? How long does it take to have a reply?

It would be great to get your answers on the matter.

Thanks
M.K.

[SYH]

Dear all,

I have just called the work permit help line. The guy said that it used to be the case the employer has to sign a declaration that the applicant is outside the country, but this condition has been relaxed. Which Victoria told you so
He also said that the UK degree requirement is related to the current issued visa. So the question now is whether my residency can be considered continuous or not.

He said I could send the home office a fax and explain the matter regarding my residency. Do you think it helps?

Have you ever tried faxing the home office regarding any matter? are they helpful? How long does it take to have a reply?

It would be great to get your answers on the matter.

Thanks
M.K.

Oh for goodness sake, the person offered you a great idea. If the HO answers positively in will be in writing and you will know.
Here you are complaining about timing and you are wasting time asking us how long does it take, when that is one of the better options given to you yet.

[MartinKing]

I'm sorry SYH Guru,

I thought I was trying to confirm some of the issues discussed here. Plus, if you are a "guru" in this forum it does not mean you own it.

So chill out for goodness sake!

Thanks
M.K.

[SYH]

I'm sorry SYH Guru,

I thought I was trying to confirm some of the issues discussed here. Plus, if you are a "guru" in this forum it does not mean you own it.

So chill out for goodness sake!

Thanks
M.K.

there is a difference between confirming and being coddled,
what issue do you think you are confirming, as it were?

[VictoriaS]

Dear all,

I have just called the work permit help line. The guy said that it used to be the case the employer has to sign a declaration that the applicant is outside the country, but this condition has been relaxed. Which Victoria told you so
He also said that the UK degree requirement is related to the current issued visa. So the question now is whether my residency can be considered continuous or not.

He said I could send the home office a fax and explain the matter regarding my residency. Do you think it helps?

Have you ever tried faxing the home office regarding any matter? are they helpful? How long does it take to have a reply?

It would be great to get your answers on the matter.

Thanks
M.K.

The Home Office will tell you what I have told you and what the guy on the phone told you, whether you fax, phone or e-mail.

Victoria

[Docterror]

MartinKing, it is nice to know that your steps now seem clear to you after the HO confirmed what you have been told. There is no harm in getting a second opinion.

Regarding the faxing of the HO about continuity of residence, I see no point in coming online and asking us about it, as a quick fax should also be of no harm and you could have let us know about that result as well.

I suggest you ignore a particular "guru" on the board if you value the reputation of not fighting with infants. I will let you guess the guru!