HSMP to Work Permit

Bukhari · Post by **Bukhari** » Mon Mar 31, 2008 2:31 pm

I am on HSMP from last 4 years and my extension due in Aug2008. I am thinking to switch to work permit.
I have changed job in Jan2008 but according to home office work permit arrangements, should be on current post for at least 12 months.
In this case how can I apply for work permit and what will be procedure?
What is resident labour market test?
If I switch to work permit what will happen to my last 4 years on HAMP? Is that count for ILR?
Please advoice.
Many thanks

Markie · Post by **Markie** » Mon Mar 31, 2008 4:33 pm

Apologies for asking but why are you switching to WP? Are you aware that the ILR clock resets to zero when you switch from HSMP to WP? meaning your 4 yrs are wasted...

The opposite is true when switching from WP to HSMP.

Bukhari wrote:I am on HSMP from last 4 years and my extension due in Aug2008. I am thinking to switch to work permit.
I have changed job in Jan2008 but according to home office work permit arrangements, should be on current post for at least 12 months.
In this case how can I apply for work permit and what will be procedure?
What is resident labour market test?
If I switch to work permit what will happen to my last 4 years on HAMP? Is that count for ILR?
Please advoice.
Many thanks

Bukhari · Post by **Bukhari** » Mon Mar 31, 2008 4:47 pm

Actually, i am short of 10 points to qualify 75 points for Tier1 so looking for transactional arrangements. I am in terrible situation so don't know what to do....
Will you please give some evidence about it?

Are you aware that the ILR clock resets to zero when you switch from HSMP to WP? meaning your 4 yrs are wasted

As far as i know it has changed from 29 Feb 2008. Now itâ€™s countable for ILR but not sure about it.

Thanks for your reply

gordon · Post by **gordon** » Mon Mar 31, 2008 5:00 pm

Switching from HSMP to WP appears no longer to reset the settlement clock. See the updated rules for Indefinite leave to remain for a work permit holder.

134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be made up of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

Bukhari · Post by **Bukhari** » Mon Mar 31, 2008 5:21 pm

Thanks Gorden to clear it.
Please advice for this as well;
If less than 12 months on current job then what the procedure to apply for work permit?
If someone knows good solicitor please mention it.
Many thanks

Rog · Post by **Rog** » Tue Apr 01, 2008 1:50 pm

The transitional arrangements from HSMP to WP whereby the resident labour test is waived clearly states that one has to be over 12 months in the current job in case the previous Leave to Remain was more than 12 months. Home Office may not waive the resident labour test if you have been less than 12 months in your job in that case it becomes a conventional WP where your employers have to prove that they could not get a similar person from within the UK or EU, and it may be difficult to prove unless you work in IT.

In any case it is not you but your employers who have to file the WP and they might be having solicitors for this purpose if they have got other staff on WP. Home Office were also going to introduce a license for companies authorised to sponsor a WP, not sure when this kicks in.

All the best

Bukhari · Post by **Bukhari** » Tue Apr 01, 2008 3:55 pm

Thanks Rog for reply.
I am working in IT. Please anybody tell;
What is success rate for conventional WP?
My company don't have solicitor for such purpose. If someone knows good solicitor that deals with WP please let me know.
This going to worry me;

Home Office were also going to introduce a license for companies authorised to sponsor a WP, not sure when this kicks in.

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HSMP to Work Permit

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