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Thanks Everyone - Question: Should I Take a Gamble ?

General UK immigration & work permits; don't post job search or family related topics!

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SpringChic
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Thanks Everyone - Question: Should I Take a Gamble ?

Post by SpringChic » Sat Jul 22, 2006 12:43 pm

First of all, sincere thanks - this is a great board and I'm amazed at how helpful you are all to the incessant questions that come through.

So! My hope is there will be some advice on this one as I don't really know how to approach it.

I came to the UK on a work visa, sponsored by Company X - however I want to actually leave Company X and am planning to apply for the HSMP (and a bit worried but...)

At first I thought I would wait until the HSMP came through before now I am thinking of taking some other options - gambles! I was hoping you could provide some advice please:

Gambling Options:

1. I resign now and send in my HSMP form - then leave the country - maybe go to Paris or something? And return on a holiday visa, then if my HSMP is approved I can just go on to apply for leave to remain.

2. Resign now and go back to Australia and apply for the Working Holiday Visa (before 30) _ need to do this NOW as Im aging !! Then wait to see for the HSMP.

3. Just resign and leave the country!

hehe They are all resignation options

Thanks very much for your advice. :roll:

John
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Location: Birmingham, England
United Kingdom

Post by John » Sat Jul 22, 2006 6:45 pm

How many points do you think you have got for HSMP? If you think you are a clear pass, why take a gamble at all?
John

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sat Jul 22, 2006 7:22 pm

Spring chic,

Concur with John - if your HSMP score on target and you have substantive documentation then your application should go through in a few weeks and it might be best to hold fire with jumping ship. Note further:

1. AFAIK you may not switch status from visitor visa to HSMP visa/FLR in country.

2. Immigration Officers tend to be less amenable to allowing people who have previous substantive ties to the UK who leave to re-enter as a visitor very soon after - burden of proof is on you at the high stakes level that you are a bona fide visitor who will leave after 6 months. After all your employment has been in the UK for presumably some time. What's to stop you working illegaly? In any case by your own admission you want to switch from visitor visa to HSMP visa/FLR in country so you wouldn't be a bona fide visitor now would you?

3. Leaving the country and re-entering on a non WP visa resets your clock counter to ILR back to zero. An incountry switch from WP visa/FLR to HSMP FLR retains the counter towards the 5 year timeline.

In regards to your query on resigning that is a personal decision only you can make based on your personal circumstances and future intentions which with respect none of us have a clue about. Hope that helps.

SpringChic
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Joined: Sat Jul 22, 2006 12:31 pm

Post by SpringChic » Sat Jul 22, 2006 10:35 pm

Thanks very much - appreciate your genuine and mature approach on this Board.

I am going for base 65 points. I am slightly worried about my HSMP only because my company as a POLICY back HOME do not issue roles/responsibilities and so the 25 points for minimum graduate level experience I am supplementing with:

1. Management references from 2003 and 2002 just highlighting that I have been working in key roles in the company
2. Information about my industry - which is a high calibre type
3. Comparable job roles - which all show that you need a minimum degree level to get in
4. I WAS able to get a UK (same company different country) one which outlined roles like project management etc. and I have said as it is a transfer - but as the bulk of the work is from back home - hopefully they recognise that the role is the same..and it does show transfer..but still..

As I said am worried.

Kayalami - in particular your post was very helpful; perhaps you are right.

However note on POINT 2- this is a Working Holiday Visa - which the UK allows for anyone under 31 so it would not be a non-bona fide as such so I don't expect any issues?

So I figure worse case, I can go home, apply for the Working Holidaymaker and then come back just to work for another year - I have a lot of interest in my background and many companies will be willing to employ me once I have a visa.

Thanks again, if there is anything else that comes to mind, I'd appreciate hearing any of your perspectives.

Else, Gratias - you guys are great.

:D

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jul 25, 2006 7:44 pm

1. Management references from 2003 and 2002 just highlighting that I have been working in key roles in the company
IMHO higlight is not quite enough - there must be substantive detail as to the exact tasks/ duties carried out.
2. Information about my industry - which is a high calibre type
With respect the industry may be high calibre type to quote you but that doesn't mean the actual role is necessarily as per the HSMP guidelines.
3. Comparable job roles - which all show that you need a minimum degree level to get in
Ok
4. I WAS able to get a UK (same company different country) one which outlined roles like project management etc. and I have said as it is a transfer - but as the bulk of the work is from back home - hopefully they recognise that the role is the same..and it does show transfer..but still..
I don't quite understand this sentence. It doesn't matter where (location) the job was carried out perse in the sense that it is easier to verify/ believe documented roles from say a multi national as opposed to some fly by the wall organisation that no one has heard of. Rather its the relevant aspects of the role.

Kayalami - in particular your post was very helpful; perhaps you are right.
Thank you for your kind words. I may not be entirely right rather just a view point based on the info you have provided.
However note on POINT 2- this is a Working Holiday Visa - which the UK allows for anyone under 31 so it would not be a non-bona fide as such so I don't expect any issues?
In theory it should be less problematic than say a visitor's visa. The same no switch applies from WHV to HSMP/ WP (unless tier 1) iirc. Ultimatley the Entry Clearance Officer has to consider your intentions in the context that you have previously been in the UK in a category leading to settlement and are less likely to leave post completion of your WHV. After all you may have a property here, a partner etc. Being an OZ national this would be less of an issue compared to other nationals who are eligible for the WHV (in particular those not Kiwis, Safas, Canucks).
So I figure worse case, I can go home, apply for the Working Holidaymaker and then come back just to work for another year - I have a lot of interest in my background and many companies will be willing to employ me once I have a visa.

Thanks again, if there is anything else that comes to mind, I'd appreciate hearing any of your perspectives.
Given your comment on 'interest in your background' have you considered seeking another employer to sponsor a fresh WP. If the roles were similar it would be considered as tier 1 application and the new prospective employer will not need to advertise. That would be a distinct factor to your advantage.

Good luck

SpringChic
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Joined: Sat Jul 22, 2006 12:31 pm

Post by SpringChic » Tue Jul 25, 2006 7:55 pm

Dear Kayalami

Just wanted to thank you again - your time/words have been appreciated.

I am getting some back up information (my company which is a multinational must have the worst HR policy in regards to referencing!!) so hopefully...

Also - just fyi, since you have shared this quest of sorts :) I did not want to be sponsored by other companies as I value flexibility/freedom - so actually said 'no' to one of them!

Thanks again - cheers.

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