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Yes, if you get WP visa, it will override your HSMP visa.kumar1981 wrote:Hi,
I have applied for HSMP on 05-Mar and I'll be getting it on Monday (Decision is made, has to be collected from VFS). Meanwhile my employer in India wants to apply workpermit for me.
1) Can I apply for WP with a valid HSMP?
2) If I apply, will my HSMP get cancelled?
Pl. advcie.
Kumar
How can UK employment laws apply to a person who is working in India and a citizen of India?vinay shanthi wrote:looks like ur company wants to make sure people dont leave the company and work for others. maybe thats why they are insisting on work permit and not allowing hsmp. or maybe they are not aware of hsmp / tier 1 and that it allows u 2 work in uk.
as per uk employment laws, i feel it would be a violation if they are barring hsmp workers. uk employment laws would be valid at all stages of employment selection process if selecting workers for employment in uk. maybe it is time for you to report ur company to the appropriate authorities in uk eg- that ur company is not allowing people with uk residence rights for jobs and preferring people who need resident labour market test to work. both employment laws enforcemnent organisations and BIA will have a say in this area i feel. but be aware of the possible repurcussions at workplace.
interesting criteria for employment that ur company insists on for work in uk. surely it is a restrictive process and am not sure it is entirely legal of them to restrict employees rights like that in the uk. once an employee has been selected to work in the uk and you have a valid employment visa that allows u to work then i feel they have no right to insist u change ur visa category. that is none of their business.
bapio won injunction and appeal on issues where the govt was trying to restrict hsmp holders employment rights in uk only for doctors on a retrospective basis. the house of lords appeal hearing is over and judgement is reserved at present. wonder what the judgement will be.
You are are mixing 2 things out here... first of all the OP is still in India and not in the UK...vinay shanthi wrote:i didnt mean in india. i meant in uk. the job is in uk, so uk employment laws will be applicable in uk and it covers people being considered for employment from my understanding. a company cannot restrict an employees for prospective employees rights. i read up on this topic when i was concerened about many uk hospitals started discriminating against hsmps initially saying hsmp visas not for duration of job. but later they stopped doing that after a few people filed tribunal cases and filed complaints against such discriminatory advertisements and requirements in employment asking people to take work permits for the jobs when they had hsmp visas. similar situation to what this person is facing. it doesnt matter where the person in staying now. he has a hsmp visa and hence is exempt from the resident labour market test and eligible to work in uk and the company cannot ask him to take work permit when he is already in a category that is allowed to work. by asking for work permit they are trying to restrict his choice.
there were some hsmps who were in india during breaks in job and were applying for jobs. in that situation do u mean to say that uk employment laws dont cover them because they are applying from india. u r misinformed i feel. i have read a bit on this topic, although i accept i may be wrong too but going by a few cases that were settled out of court among doctors on hsmp i feel the company is on a sticky wicket on this issue of asking for workpermit when person has hsmp visa.
if the OP wants free advise. he can try to contact this ACAS http://www.acas.org.uk/ i think it is a free service but check it out if it indeed is free yourself
also see http://www.direct.gov.uk/en/Employment/ ... G_10026557 i feel asking for work permit when he is already entitled to work as has hsmp visa is indirect discrimination restricting his rights to being able to change jobs etc while in uk
By now you know that going for the WP will invalidate you HSMP visa but at the same time if you think that you plan to stick with your current employer for a long time then you have a few options.kumar1981 wrote:Hi Olisun,
Your interpretation is correct. Initially I wanted to get HSMP and find a job in UK. Now my present employer in India wants to apply for workpermit and send me to the UK for 1 year. I felt that going to UK with my current employer is safe as I need not search for a job. After a year I can decide to come back or apply for HSMP again. Please answer my question:
1. Can I apply for WP with a valid HSMP?
2. If I can, will my HSMP get cancelled?
Thanks for your time.
So you are saying that all the doctors were in India and took the NHS to court???vinay shanthi wrote:i do know people who took employers to employment tribunals when they had hsmp visa and employer was insisting on them having WP if they were to get the job etc and hence trying to eliminate them from the selection process. both employers gave in later. infact i might know a 3rd person who took an employer to employment tribunal in similar issue. so i am not going to pointlessly convince u on this issue when i know some of the people i know have already won on these issues. they didnt even have to go thru with the case, employer gave in soon after case was filed. all of them are doctors in the nhs.
I think , he has not selected for this post yet. He is already employee of an organization in India, and compnay want to send him on deputation. They have ever right to make policies they want.vinay shanthi wrote: once an employee has been selected to work in the uk and you have a valid employment visa that allows u to work then i feel they have no right to insist u change ur visa category. that is none of their business.