Switching From Fresh Talent Scheme to Work Permit

[mubashir9819]

Hi all
I am a new user and want some help regarding switching from Fresh Talent Scheme to Work Permit. I am currently on Fresh Talent Scheme. I applied for a Work Permit which got approved. My company for which I got Work Permit is in London. Can I switch from FTS to Work Permit IN COUNTRY or do I have to go back to my home country(Pakistan) to get the visa stamped.

Any help would be really appriciated..
Thanks

[WoodieG]

Go here: http://www.ukba.homeoffice.gov.uk/worki ... rkpermits/

Download this: http://www.ukba.homeoffice.gov.uk/sitec ... de0408.pdf

Read section 5.
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[mubashir9819]

Thanks WoodieG. According to the document and the link you provided, I have to go back to my home country for getting the visa unless exceptional circumtances arises. Also it mentions that I have six months to apply after the issue of work permit. Well thats bad because I have already started my new job and I would not be getting any leave as yet. Any ideas or suggestions of how to avoid this situation would be greatly welcome..

[neilroy]

My borther was in the same situation and he has to go back to India to get the visa sorted out. His work permit was approved in country though. He joined job after he was given fresh visa for 5 year is india. It took nearly 5 weeks for the whole lot to complete. I will advice take holidays/unpaid leave and get this sorted out

[mubashir9819]

A couple of months before I noticed a home office documents stating that under FTS, it is not illegal to work anywhere in the UK. But now I could not find that pdf documents. Does anybody have the link to that document or any other document stating the above mentioned rule.

[WoodieG]

Thanks WoodieG. According to the document and the link you provided, I have to go back to my home country for getting the visa unless exceptional circumtances arises. Also it mentions that I have six months to apply after the issue of work permit. Well thats bad because I have already started my new job and I would not be getting any leave as yet. Any ideas or suggestions of how to avoid this situation would be greatly welcome..

You've only got two options as I see it.
1) Go home and get Entry Clearance within 6 months of your work permit being approved.
2) Arrange for time off after the 6 months and have your employer get a new work permit approval.

BTW, have you got an actual work permit? Or just an approval letter?
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[tobiashomer]

I asked an immigration lawyer on behalf of my daughter who is about to apply for a WP after 1 1/2 years on FT, and was told that the requirement that one has to get employment in Scotland was challenged and that it is clear that you can legally work anywhere, despite what the Scottish Executive says. This may apply to actually working under the FTS (i.e. they cannot force you to remain in Scotland after you get it as long as it was your intention to do so when you applied), but definitely applies to work under a WP issued before your FT visa ran out.

Is that the case? you have a full-fledged WP? if so then they have effectively allowed you to do in-country switching already. If not, then as someone else asked, what do you have?

We would also be interested to know what sector you are working in. My daughter is in publishing which is not very well paid and we are a little concerned that it might get rejected on that basis (around £18K).

[mubashir9819]

Hi All
Thanks for all your replies. I really appriciate all yor help and suggestions. Let me tell you all the details of how things got started and where it stands now. The reason being that you all will get a clear picture and understanding of the situation.

I finished my studies in 06 from scotland and got SEGS visa till Jan08. During end of 07 I got a job offer in London and I moved to London from Scotland. I started working in London and am working till now. Also I began my processing for WP. At this time my SEGS visa got expired and I applied for FTS as I was eligible for it. I got my FTS in Feb08 till Feb 09. My BIG mistake was that instead of WP, I applied for Letter of Permission which got accepted and I got that letter. I got that letter in start of March08. After getting the letter I applied for Leave to Remain which got refused on the basis that I am on FTS and my Letter of Permission to work is for London. On the Letter of Permission, It is stated that this is not a Work Permit and I cannot get Entry Clearance on it. A letter of refusal from the Home office was also sent to my Employer in London. They were surprised about it and are concerned that if I am refused a visa, then what is my current status. I showed them my FTS visa but I cannot prove that I am eligable to work in England as there is no official document on Home office website stating this. Thats why I need the proof of that. I cannot just say that I am eligable to work in England unless I can produce some document proof.

The next step which I propose to do is that I will send my Letter of Permission to Work back to Home office and ask them to cancel this and instead provide me with a Work Permit so that I can get EC from back home and come back again on company visa. I will not be sending any of my documents as the home office will have all my file on my previous application. It is just that I need a Work Permit instead of Letter of Permission. So thats how things stand now. Any suggestions and hwlp are welcome as I need to do this ASAP...Also I again mention if there is any official documents which mentions that I can legally work in England, please please forward me the link or the document if you have it in your computer....

Thanks

[WoodieG]

Tell your employer to ring the Employers' Helpline (0845 010 6677), they can confirm that the visa allows one to work anywhere in the UK.

I think you're wasting your time sending the letter of permission back, they're not going to change it for you, your employer is going to have to apply again (and pay the fee again).
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[mubashir9819]

Hi
If you could check the below link and see if you understand what it means, that would be very helpful to me

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

See section Type of Application....

According to this section, a work permit is issued while the person is outside UK while Letter of Permission is issued while the person is in UK and does not have a leave as a work permit holder.

According to that document, I come under the second type of application i.e. I have a letter of Permission. What does that mean..?. It also states on the Letter of Permission that this is not a work permit and EC cannot be made on this permission..

I applied for Leave to remain and it got rejected because my employment is not scotland based. It is England based...Does this mean that in order to get Work Visa, i need to get out of country and apply from home country..Does anybody have any clear idea of WHAT IS LETTER OF PERMISSION AND WHY IS IT USED..???

I am really really confused by this.....
Thanks

[Inverness_Krishna]

mubashir9819:

If you want to fight against the homeoffice decision, you have enough evidence to go for it.

But if you think to solve the issue with out fuss, best thing is to ask your employer to apply for Work permit instead of permissin letter,

First thing first

Unfortunately, when the application for employer is sent to the home office, we need to mention an extra page that we need a out of coutry approval letter i.e, Work permit or

In the application we need to mention the candidate is living out of ountry inspite the candidte currently living in uk, he will be out of country when he is applying for work permit that what it meant by mentioning out of country in the wp1 application form

Seems to be you are bit unlucky in the issue you are going through. I know there was a mail from the homeoffice which clearly states that FTS is meant for student who after completing their course in Scotland, they are elgible to work in "UK".

the above mail happens to be for my friend, who want to double check that FTS will be valid to work in England as well. before he takes up the Job.

IF you want i can some how try to get the mail for the proof, if in case it helps. since even i myself saw the same in home office website, but unfortunately these people are closing the site for maintenance and changing the rules whenever they think, i cant able to find it now.


tobiashomer

Issue is, as per solicitor we cant argue for everything, as it is clearly mentioned the FTS is to encourage people to live and work in Scotland. So we need to agree it our mistake if we decided to work outside scotland.

When it comes to 18k salary, Since you are applying for new Work permit there wont be much issues, as you said its publishing company, so hope it should be famous public service company or else

workpermit is in trouble, as they will raise an issue inspite working for 1 1/2 years on FTS, how can the salary still be on 18k.

So it all depends on how well the Employer is reputed in the industry.


Krishna

[tobiashomer]

Hi Krishna,
thanks for your helpful note, I guess all we can do is hope, the company is the same one she has been with since getting FTS, and is in Scotland so maybe that will help. salaries are lower up there than in London where most publishers are based. finally it will depend on the IQ and mood of the caseworker!

[mubashir9819]

Hi All
Thanks for all your advise and suggestions. I know now that I will have to make another application for the issue of Work Permit. I spoke to my employer about it and he has aggred about it. The last thing which I need to know is that when I submit a new application, do I need to send all my documents and advertisments again or only just the application with the fees and a letter explalining about the mistake and to issue a Work Permit instead of Letter of Permission.

To Inverness_Krishna

It would be really helpful to me if you can get the email from your friend. It would really help me a lot. Thanks for your help. I know the link that was here before but thatlink is not working now. It think becasue they must have changed the link or removed it. It was a pdf document which clearly stated that Fresh Talent Scheme participant can legally work in the UK.

To tobiashomer

I am currently working in the Banking and Investment Sector in London. I have been working here for around 6 months now.

Lastly again I thank you all for your valuable comments and suggestions which has helped me quite a lot. I would really like the question answered about sending all my documents again or do I just send the application form with the fees and Original Letter of Permission.??
Thanks

[Inverness_Krishna]

Can sense that your employer is applying for New work permit, doesn't make any sense to me in searching for the email from Home office about FTS.

With reg to work permit application, it will be considered all new application by the home office, and the employer needs to satisfy the rules stated for work permit application. so am afraid all the details has to be furnished and rules for advertisement should be obliged.

Krishna

[mubashir9819]

Hi Krishna
The reason for the letter is that my employer does not believe that under FTS, I am allowed to work in England. They are asking for some documentation proof. With regards to WP, they are willing to reapply for it but if I cannot prove that i can legaly work under FTS, they will send me on without pay leave or suspend my job until I get the WP. Thats why I need that letter to continue to work.

Thanks

[mubashir9819]

Hello to all of you again
My employer has again applied for WP application again and I think it should get sorted out pretty soon. Now I have to go back to Pakistan to apply for EC. The EC fees over there is RS 26,650. Does anybody know if I can apply for my wife in the same application or do I need to submit her dependent application seperately. I mean to say that when I apply for EC on Work Permit, do I have to pay seperate fees for my wife or my wife can also get the visa on the same fees and same application.

Thanks

[mohsina]

HI

My sister has completed her studies from Scotland and still on student visa.

Today she got a job confirmation letter from a company in Manchester.

But not ready to take the job as she believes that her hsmp will get rejected if she worked on FTS in England.

We are still confuse what to do about it. Can anyone suggest anything .

[mubashir9819]

Hi
Well..your sister can work in England as there is no restriction in working in England on a scotland degree. I have recieved a confirmation letter from Home office which I have given to my employer which states that a person can work in england on scotland degree PROVIDED THAT THE PERSON HAS TRIED TO FIND JOB IN SCOTLAND BUT CANNOT FIND JOB IN SCOTLAND.

You can request the same letter from the home office as well for your peace of mind...Hope this helps with your question

Regards

[mohsina]

Thank you so much .. should i ask my sister to call home office and ask for it?

Also, do you have any idea that whether IGS is for 1 year or 2 years actually I have completed my master from England in Feb 2008 (now living in Scotland)I still have student visa valid till Feb 2009. Some people say that i should get IGS after 4 months of completion of the degree. But i dont want to waste my IGS untill i get good job.

Should i get IGS now or otherwise home office would not give me later (after 4 months)???

Once again thank you so much for your help

[mubashir9819]

Hi
It upto your sister if she requires the letter from the home office Personally I think she should ask for the letter from the Home office. It will do her no harm if she gets the letter from Home Office. But it will create a little problem if her employer request it at a later stage. It would be better if she has it prepared. It will not cost her anything except writing an email to the home office.

With regards to IGS, you can apply for IGS within one year after complition of your degree. There is just this restriction. The more late you apply, the more questions the home office asks. But according to their website information, you can apply for IGS within one year after completingyour degree. Also remember that IGS and FTS are both being dropped and an new scheme PSW (Post Study Work) will be introduced in mid of 2008 I donot know the excat date. The PSW will be of 2 years. If you go for IGS, you will still be eligable for PSW for one more year. But people who have completed their 2 years after their degree will not be eligable. For example if someone has spent 2 years on FTS, that person will not get PSW. But if someone is on IGS, and during that time the PSW scheme becomes operational, that person will be eligable for PSW..

Hope this clears things up a bit....Anybody please point out if I m wrong in anything which I said so that other people can benifit with this information..

Thanks
Bye