Recent changes to WHV / HSMP

[zimbo_100]

Hi,

I am on WHV and applied for HSMP in June 04. I notice there have been changes made to the rules for switching status from WHV recently. My question is this -
If I am successful in my HSMP application, can I apply for FLR from within the UK based on this, if I am currently here on a WHV issued in June 04?

The webpage explains the rules, but says switching may only be done if your occupation is on the shortage list - however, I am not sure if this only applies to switching to WORK PERMIT.

Thanks for your help.

[MWazir]

You can download the switching leaflet that the HO published to show which categories can switch and which cannot. Here is the relevant text for you.

Nationals from non-EEA countries may apply to switch into the Highly Skilled Migrant and
Innovators categories without leaving the UK provided they have existing leave as:
A work permit holder; or
A student who has graduated at a UK higher or further educational establishment; or
A working holiday maker; or
A postgraduate doctor or dentist or trainee general practitioners; or
A participant on the Science and Engineering Graduate Scheme.
Participants on the Highly Skilled Migrant Programme may switch into the Innovators category.
Similarly Innovators may switch into the Highly Skilled Migrant Programme.

[zimbo_100]

many thanks mwazir for your reply, however, the switching rules have recently changed for WHV holders especially with regard to switching to work permit employment - your occupation now has to be on the shortage list. I was wondering whether this restriction also apllies to switching to HSMP.

[f2k]

many thanks mwazir for your reply, however, the switching rules have recently changed for WHV holders especially with regard to switching to work permit employment - your occupation now has to be on the shortage list. I was wondering whether this restriction also apllies to switching to HSMP.

I think they will follow the same rule as they are following for WP applications i.e

As a transitional arrangement, all work permit applications submitted prior to the 08 February for which a subsequent FLR(IED) application has yet to be made, or decided, will still be considered under the pre 08 February Immigration Rules.

it would be unfair to deny someone who applied for HSMP while on WHV some 8 - 9 months ago for a change in rule that has just come into place. i dont think they thought of it too well, as with WP applications they have been quite efficeint in their processing times, so the number of people affected is not that huge but for HSMP applicants, the story could be different as people have been waiting for months.

However try and read some of Rella's posts as she and her hubby were somehow affected by the change in the 'switching rules'