reasons to change from work permit to hsmp

arno294 · Post by **arno294** » Tue Sep 16, 2008 2:11 pm

Hi everyone.
I am one of the people affected by the rule changes.
When i realised i will not be able to renew my HSMP, i asked the company i work for to change my status from HSMP to Work Permit. This was succesfull and they have now issued me with 5 years WorkPermit.

I have two problems now.

1. the 5 years start all over and i lose the first 2 years from my origianl HSMP
2. I am now tied to my employer, and if i want to leave the job and go to another job, i have to persuade the new employer to apply for a work permit for me.

I have now asked my employer to apply to the home office, for me to go back to HSMP, now that the judgement has been given, and now that they will consider putting me back on HSMP, based on the old rules.

The employer is now asking me, if i can list the benefits of going back to HSMP, over Work Permit.

But the only benefit, is for me, and not for the company, so they wont want to spend money to change this back to HSMP.

Can you help me think of good reason, why the company MIGHT benefit from me being HSMP rather than Work Permit.

Thanks in advance... i am sure you all understand why i want to do this.

Because, if i get outsourced, or fired, or i decide to leave the company, then it will be very difficult to arange for another company to sponson me in such short notice.

Thanks again

Post by **geriatrix** » Tue Sep 16, 2008 2:22 pm

First - determine whether you can (now) revert back to HSMP or not, because not everybody can do so!

If you applied for extension and were refused, then you may revert back to HSMP. Read People who were refused an extension of stay and switched to a different immigration category.
If you did not apply for extension at that time and changed to WP, then the transitional period to revert back to HSMP is over (31-Jul). Read Migrants who did not apply for an extension of stay and switched to a different immigration category.

The application has to be made by you .... and not your employer. No reasons / benefits need to be listed.

regards

arno294 · Post by **arno294** » Tue Sep 16, 2008 2:27 pm

Ohh, i forgot to mention this...
I am able to revert back...
and the company uses the company lawyers to apply for these things... making it very easy for me and the employer... and the lawyer wants the business, thus, makes sure every bit of detail is looked after.

arno294 · Post by **arno294** » Tue Sep 16, 2008 2:28 pm

sushdmehta, it is 31 july 2009.... not 2008, so i can stil revert back until next year.

Post by **geriatrix** » Tue Sep 16, 2008 2:32 pm

arno294 wrote:Ohh, i forgot to mention this...
I am able to revert back...
and the company uses the company lawyers to apply for these things... making it very easy for me and the employer... and the lawyer wants the business, thus, makes sure every bit of detail is looked after.

Exactly! The company lawyer makes an application on our behalf but is paid by the employer. But doesn't mean that your employer is making an application on your behalf. It is always you who makes the application.

Anyhow, as said before, there is no need for listing benefits to revert back to HSMP. You are doing so just because the govt. has been compelled to allow you to do so!

regards

Post by **geriatrix** » Tue Sep 16, 2008 2:33 pm

You are only doing so b'coz you want to apply for ILR sooner!

regards

arno294 · Post by **arno294** » Tue Sep 16, 2008 2:35 pm

yes, that is one of the reasons... but for me, the biggest reason is to have the freedom to change my job... which is what i am looking to do... and it makes it difficult to find a new job... because when i apply for a job, and i say, the new employer must sponsor me, then they rather look at other candidates...

you see what i mean...

arno294 · Post by **arno294** » Tue Sep 16, 2008 2:37 pm

sushdmehta wrote:
arno294 wrote:Ohh, i forgot to mention this...
I am able to revert back...
and the company uses the company lawyers to apply for these things... making it very easy for me and the employer... and the lawyer wants the business, thus, makes sure every bit of detail is looked after.
Exactly! The company lawyer makes an application on our behalf but is paid by the employer. But doesn't mean that your employer is making an application on your behalf. It is always you who makes the application.

Anyhow, as said before, there is no need for listing benefits to revert back to HSMP. You are doing so just because the govt. has been compelled to allow you to do so!

regards

The company has to pay the lawyer yes... but if they dont see benefit for them... then they will say... we already got you a work permit... so we dont want to pay the lawyer again, for you to go back to HSMP.

Post by **geriatrix** » Tue Sep 16, 2008 2:58 pm

you want to change immigration status because you want to change your employer ...... but want your current employer to pay for all this!

regards

arno294 · Post by **arno294** » Tue Sep 16, 2008 3:00 pm

dont say it like that.... i am looking to change... i have been looking for the last three years, and havent... but, i do want to be able to change freely.

gotcha · Post by **gotcha** » Tue Sep 16, 2008 3:07 pm

arno294 wrote:i do want to be able to change freely.

That is what sushdmehta is saying. Why would your employer will pay for your application, if he had already paid for your WP and is still valid ? From employers point of view and business point of view it does not make sense.

If you want to apply, you should go on your own, ofcourse paying application fees on your own.

arno294 · Post by **arno294** » Tue Sep 16, 2008 3:11 pm

application fee will be waived according to the home office in my circumstances... so it will cost nothing.

The reason why i would like the lawyers to do this, is they will make sure everything else runs smoothly.

So do you guys think there is no good enough reason for me to ask them to go back to HSMP

Post by **geriatrix** » Tue Sep 16, 2008 3:39 pm

arno294 wrote:i would like the lawyers to do this, is they will make sure everything else runs smoothly.

Have never understood this logic, so unable to suggest further!

All the best!

regards

republique · Post by **republique** » Tue Sep 16, 2008 9:30 pm

arno294 wrote:application fee will be waived according to the home office in my circumstances... so it will cost nothing.

The reason why i would like the lawyers to do this, is they will make sure everything else runs smoothly.

So do you guys think there is no good enough reason for me to ask them to go back to HSMP

then you don't need the lawyer and do it on your own

arno294 · Post by **arno294** » Tue Sep 16, 2008 9:38 pm

I just feel comfortable with the lawyers doing the work.
They got the original HSMP years ago, then got the work permit, and now i would like them to do the change back to HSMP...

They have done all the work with my pevious applications, so i feel safe with them handling this application also.

Changing this back to HSMP is important to me... and i am worried that if i dont give good reason to the employer, that they will be reluctant to go ahead with this.

So, any ideas? is there any benifit to the employer, with me being on HSMP rather than Work Permit? Any ideas are welcome.

republique · Post by **republique** » Tue Sep 16, 2008 9:40 pm

arno294 wrote:I just feel comfortable with the lawyers doing the work.
They got the original HSMP years ago, then got the work permit, and now i would like them to do the change back to HSMP...

They have done all the work with my pevious applications, so i feel safe with them handling this application also.

Changing this back to HSMP is important to me... and i am worried that if i dont give good reason to the employer, that they will be reluctant to go ahead with this.

So, any ideas? is there any benifit to the employer, with me being on HSMP rather than Work Permit? Any ideas are welcome.

so pay the lawyer yourself, if you want them to do it so badly

bani · Post by **bani** » Tue Sep 16, 2008 11:06 pm

Forget the lawyer. I think it is easier to do the application yourself than to come up with reasons how this benefits your company. It doesn't.

I never hired a lawyer or agent. Lots of people never needed to. The way is smooth enough. If you really feel it's necessary, then hire a personal lawyer.

arno294 · Post by **arno294** » Tue Sep 16, 2008 11:09 pm

Thanks for the advice guys!

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reasons to change from work permit to hsmp

reasons to change from work permit to hsmp