August applicant approved! Urgent treatment submitted.

kp_aus · Post by **kp_aus** » Tue Mar 08, 2005 10:33 pm

Finally I have my visa approved!!!!

Ref: 0247xx
Application Date: 16 August 2004
Sent job offer by post mid February - Home Office didn't receive it.
Faxed and e-mailed job offer 2 March 2005
Approval Date: 3 March 2005

Good luck to all the other June - October applicants. Here's hoping they clear the backlog quickly.

Saint · Post by **Saint** » Tue Mar 08, 2005 11:29 pm

very good news, congratulations.. After all we started to see some light

Had you received any communication from HO when you had submitted your job offer or when the decision was made?

kp_aus · Post by **kp_aus** » Wed Mar 09, 2005 12:05 am

Thank you!
I sent the HSMP team an e-mail last week to query if they received my job offer but got the standard automatic response. Heard nothing else until I got my approval letter which was only a couple of days later.

dcguy · Post by **dcguy** » Wed Mar 09, 2005 7:56 am

Congratulations! I'm also a late summer applicant and the job offer route is one I am also pursing. If you don't mind me asking, what field is your job in (IT, Marketing, etc.)? I read (on the workpermit.com site) that the HO may be approving job offers quicker for those in "demand" or scarce occupations (such as IT). I'm a marketing guy myself.

Thanks.

f2k · Post by **f2k** » Wed Mar 09, 2005 9:13 am

Congratulations on your approval. Good also to see that they are treating urgent replies reasonably promptly, this could mean they cleared the backlog

mjwall · Post by **mjwall** » Wed Mar 09, 2005 12:45 pm

dcguy,

I read (on the workpermit.com site) that the HO may be approving job offers quicker for those in "demand" or scarce occupations (such as IT). I'm a marketing guy myself.

Where did you find this? I am stressing big time ... why? Read on ...

I am on the WHM visa (aussie) .. been in london for two years and 2 year visa expires next Wednesday. I am submitting my application tomorrow along with FLR (IED) and claiming 90 points:

5 - Under 28
15 - Bach of Computing (Australian Uni)
35 - 4 Years graduate work experience
10 - Spouse degree, Bach of Computing (Australian Uni) as well
25 - Income (over £27k in past 12 months)
----
90 points
---

I have spent many months collating the information, presenting it in a folder with chapters, TOC, about 8 pages of clearly explained evidence and divider tabs with each section ... anyway I’m getting off track here ...

I just found out yesterday that the rules changes slightly for WHM's switching to the HSMP unless their occupation is on the WP UK shortage occupation list ... IT isn't on it.

Given I have 7 days left on my visa, do you think that the consultant would give me the benefit and go ahead with the application? I am hoping that my 2 years in the UK, and having a current job and savings and residence shall help me.

Otherwise I have to go back home and post the application from Australia and apply for EC there. What a waste of money.

Any opinions, words of wisdom, hope etc are welcome

MrBaboo · Post by **MrBaboo** » Wed Mar 09, 2005 2:57 pm

Hi Matt.

I really feel your pain. I was in a similar situation a few weeks ago - I'm an Aussie WHM (in IT) in the UK for 2 years and I was awaiting a work permit decision on which I made a further leave to remain (IED) application. Luckily because the WP was applied for prior to 8/Feb I'm able to switch in-country under the old immigration rules. When all these changes were announced it was a very upsetting time full of uncertainty - I know what you're going through.

As for your case, I know there's no certainty on the board as to whether you can switch in-country because of the way the workpermit.com people have phrased their advice. My feeling is that the restriction to occupations on the shortage list only apply to work permit applications, not HSMP and Innovator visas.

A bit of Googling found this http://tinyurl.com/5fzzj which is a UK law firm's distillation of the home office's advice. Their version is completely unambiguous - the restriction only applies to work permit applications. Still, it's not definitive as it's not from the home office.

I think you should put in your put your HSMP and FLR(IED) applications in and see what happens. If your FLR(IED) fails then you'll just have to return to Australia and resubmit there (by which time, hopefully, your HSMP will have been approved). Until a decision on FLR(IED) has been made you continue to have the right to work in the UK under your previous visa.

If you do have to return to Australia, assuming you have the HSMP approval in-hand, the UK High Commission in Canberra offers a same-day visa approval service (although you may need medical tests first etc).

An open question to others on the board though - can an in-country HSMP application be used for an out-of-country FLR(IED) application?

Good luck and keep us informed.

Michael.

Chess · Post by **Chess** » Wed Mar 09, 2005 3:14 pm

MrBaboo wrote:Hi Matt.

An open question to others on the board though - can an in-country HSMP application be used for an out-of-country FLR(IED) application?

Michael.

No

BTW, you guyz have forfeited the Sunshine down under for the cold UK

mjwall · Post by **mjwall** » Wed Mar 09, 2005 3:53 pm

A holidaymaker may switch into employment only in the following categories; Innovators, Highly Skilled Migrant Programme or Work Permit employment, if the occupation is on the list of designated shortage occupations maintained by Work Permits (UK). If the occupation is not on this list an application needs to be lodged from the prospective employee's home country.

Question: Does the above statement read that only if a WHM applies for a Work Permit, the occupation needs to be on the list of designated shortage occupations.

And that a WHM can apply Innovators, Highly Skilled Migrant Programme regardless of the list of designated shortage occupations.

Am I correct by the way the statement is phrased above?

MrBaboo · Post by **MrBaboo** » Wed Mar 09, 2005 5:03 pm

I think the success of your FLR(IED) depends on exactly what that quote means and unfortunately it is quite ambiguous - it can be read one of two ways - the restriction is for WPs only or it's for HSMP, Innovators and WPs collectively. Without any other information or context the only way you'll know for sure is through applying.

You may also want to seek legal/immigration advice or alternatively read the immigration rules themselves to see if you can glean any more information:

http://www.ind.homeoffice.gov.uk/ind/en ... rules.html?

MrBaboo · Post by **MrBaboo** » Wed Mar 09, 2005 5:20 pm

http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html

135DD The requirements for an extension of stay as a highly skilled migrant for a working holidaymaker are that the applicant:

(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and

(ii) meets the requirements of paragraph 135A(i)-(iii).

95-96: you actually entered as a WHM
135A(i)-(iii): basic HSMP requirements for proof of ability to accomodate/support yourself etc.

So, based on my reading of the immigrations rules it seems like you should be able to switch.

Michael.

gunjans · Post by **gunjans** » Thu Mar 10, 2005 6:34 am

Congratulations KP,

Good luck to u and All the best for EC.

rgds,
GS

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August applicant approved! Urgent treatment submitted.

August applicant approved! Urgent treatment submitted.