Working holiday maker with a work permit in the UK ...

[Gadro]

Hi all

I have a VERY complex situation unfolded before me. Hopefully someone can help me out as I am really confused as to the best course of action.

I came to the UK in 2007 as a Australian working holiday maker and commenced working under that visa. End of last year 2008 I was granted a work permit to work in the UK for the position I was in for 3 years.

Now, the problem is I have a work permit ... but I am already here under a working holiday visa. What do I have to do to be able to stay here once my working holiday visa ends?

Do I submit a leave to remain application, do I have apply for entry clearance and enter under that visa? Can I do any of this here or am I going to have to go to Aus and come back? I really don't know how to unravel what to do next!

Your help would be VERY appreciated!!!!

Thanks
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[Vanadil]

If you returned to Australia in order to obtain your Work Permit then that is your current active status. If this lasts longer than the WHV then you are still perfectly fine to stay and work in the UK in line with the requirements of the Permit.

Hope this helps

[Gadro]

Hrm. Well the thing is the working permit was applied for and granted whilst I was in the UK. I have not been back to Australia for any of this so far.

[arts99]

Normally people on working holiday visas have to retrn to their country and apply for an entry clearance there which is issued against the work permit.

As far as I am aware you can only switch in country if the occputaion is on the shortage list.

Did your employer apply for the work permit themselves or used any immigration adviser?

Thanks

[Vanadil]

Hmmm.... Thats a bit odd as you cannot change your Status in the UK from a WHV to any other. You must go back home and re-apply at the british embassy for a new status. (Eg: Work Permit).

If your company holds the Work Permit for you then have you got the original copy or a copy? Did you apply for FLR when the Work Permit was granted? If not, I'm afraid that you may be considered an Overstayer and may have also breached the details of your WHM Visa.

[Vanadil]

As far as I am aware you can only switch in country if the occputaion is on the shortage list.

ah yes I forgot about that

[Gadro]

The work permit was granted end of last year. Nov 30.

I thought I read that I have 6 months from date of permit grant to arrange LTR or entry clearance etc ?

I do have access to the original work permit.

I guess I am trying to avoid having to fly back to Aus to fill in a form and then come back ... seems a lot of uneccessary cost and air pollution

[arts99]

The work permit issued for in country application is different from out of country.

Normally for in country cases people Home Office just issues a letter confirming that the work permit has been approved and you have to send that letter alongwith your FLR application.

For out of country applications a approval letter as well as a work permit is sent.

[PaperPusher]

Gadro

How many months have you been working in the UK? What does the work permit say - does it say something like "apply on FLR(IED) within 6 months, or have lots of small writing on the back?

WHM have to return because they are supposed to be here on holiday, with some incidental work allowed. Also they said they would leave the UK at the end of their WHM. Perhaps the reason people have to return is to deter people from using it as a work route rather than a holiday route!

[Gadro]

Perhaps that is the case .... grrr. The work permit was hard enough to get... seems so weird to have to go through so much to get that and then not be able to stay in the country :S

On a side note, speaking to border agency they mentioned I would be able to apply under the "Points Based System"

Is this what they refer to?
http://www.workpermit.com/uk/uk-immigra ... nsions.htm

If this is the right webpage then which of these categories applies to me?
Extension Applications for current HSMP visa holders
Extension Applications for current Tier 1 (General) visa holders

Neither mentions existing work permit holders specifically....

Could this be a valid option??

[The Station Agent]

As others have said, you need to go home to get entry clearance as a work permit holder. And before 180 days since the date of issue are up.

If whoever applied for your WP did not say you were here doing that job already (which seems likely, otherwise they'd normally have refused the WP app outright unless you are in a shortage occupation) then you risk being refused entry clearance because they misled in their app.

Seems like you will have to leave the UK anyway as you can't switch in-country from working hols unless you're in a shortage occupation.

With your WP you do not have apply under the points based system as the work permit was a separate system (and you got it just before the system closed). However, if you left it until after May 30th before applying for new entry clearance then your WP is worthless and you WOULD have to have a sponsor and qualify for a tier 2 cert.

[Gadro]

Hrm. OK that does sound to be the case.

Ok next and final question ... MUST I return to Australia to get entry clerance stuff sorted. Or is there another option like going to another country in Europe and applying there and returning?

Returning to Aus is obviously a massive expense and not really conducive to business right now as we are in a critical period.