a letter from ho.
Date:22 November 2006
Dear Mr Liu:
Application for Further Leave to Remain as a highly Skilled Migrant submitted between 8 November and 4 December 2006.
Name of Aplicant:Ning Liu
Thank you for your application of 08 November 2006 to extend your current leave to enter/remain in the UK under the Highly Skilled Migrant Programme(HSMP).
On 8 November 2006,the provisions allowing for grants of leave to remain in the UK under HSMP were formally removed from the Immigration Rules. After a brief period of suspension, revised Immigration Rule relating to this category take effect from 5 December 2006.
Any application for further leave to remain under the HSMP, submitted prior to 8 November will be considered against the Rules that were in place at the time the application was made. However, any application made on or after 8 November will be held open during the suspension period and considered against the revised Immigration Rules from 5 December onwards.
From 8 November 2006, a new FLR(HSMP) application from should be used by any applicant seeking leave to remain under HSMP.
Your application was made on 08 November 2006. Although it was submitted on form FLR(IED), we have accepted your application as valid. We will be unable to give full consideration to your application until the suspension period has elapsed. At that time, we will consider your application against the revised Immigration Rules and only if these are fully satisfied, will a further period of limited leave to remain under HSMP be granted.
The revised Immigration Rules, as they relate to existing HSMP participants, have introduced a new Points Scoring Assessment and a separate mandatory English Language requirement. In order to provide the relevant information and required documentation to establish that you meet these new requirements, you would need to complete Section 7,8 (were applicable), 9 and 10 of the new FLR(HSMP) form. Copies of this form and the associated guidance notes can be obtained from the following website:
www.workingintheuk.gov.uk
You must complete and return these sections of the FLR(HSMP) form, together with the apecified documentation, within 28 days of the this letter. If you do not do this, consideration of your application will be completed on the basis of the information already supplied. In such circumstances ,the application will normally fall for refusal.
When you are completing theses extra sections of the application form, if you are unable to meet the requirements of the Points Scoring Assessment and are self employed , you may wish to consider to completing the Transitional Arrangements for Self Employed Persons section of the form.
If however you are unable to meet the Points Scoring Assessment and are currently in employment, it will not normally be possible to grant a further period of leave under HSMP. You may however wish to regularize your stay here by applying for leave to remain under a separate employment based immigration route, such as the work permit arrangements.
If you do wish to obtain leave to remain in the UK as a work permit holder, your current employer will need to submit a work permit application on your behalf. If your employer applies for a work permit for you in these circumstance, and you have been in your current job for a period of at least 8 months, it will normally be possible for the usual resident labour test associated with such work permit applications to be waived. All other requirements of the work permit arrangements will however need to be met before a work permit can be issued in such circumstances.
If you do decide that you wish to apply for leave as a work permit holder, you will need to advise Work Permits(UK) that you wish to vary your application for further leave to remain under HSMP, to an application for further leave to remain as a work permit holder.
In such circumstances, instead of completing the additional section of the FLR(HSMP) application form, you will need to complete the attached “Request To Vary” slip. The slip must be returned to Work Permit(UK) within 28 days of the date of this letter. When completing this slip, you will be asked to confirm that your employer is intending to submit a work permit application on your behalf. The work permit application will need to be made in the usual way, by your employer and submitted to the address detailed on the work permit application form, together with the associated payment.
In order to assist caseworkers considering work permit applications submitted in the above circumstances, a photocopy of the completed “Request to Vary” slip should be passed, by you, to your employer, and included with the work permit application that they make on your behalf.
The appropriate work permit application forms and guidance may be obtained from the following website:
www.workingintheuk.gov.uk
Please note that, where you complete the attached “Request to Vary” slip and return(s) it to Work Permits(UK), your application for further leave to remain will be held open for a period of time to allow the work permit application to be processed. However, where no work permit application is received with 6 weeks (42 days) of the date of this letter, consideration of the FLR(IED) application will be competed. In such cases ,this will usually lead to a refusal.
The completed sections of the FLR(HSMP) form, or the attached “Request to Vary” slip (whichever is appropriate to your circumstances), should be returned to the following address with 28 days of the date of this letter:
Home Office
Immigration and Nationality Directorate
Leave to Remain Team 4
PO Box 3468
Sheffield
S3 8WA
Should you require any further information or clarification of any of the above, please contact the Work Permits(UK) Leave to Remain Team on (0014) 274 3147
Yours sincerely
Sue Batten
WPLTR 4
WPUK Managed Migration Directorate.
REQUEST TO VARY APPLICATION FOR FURTHER LEAVE TO REMAIN
THIS “Request to Vary” slip must be completed and signed and dated by the main application named in the letter above.
1. Name of applicant: Ning Liu
2. Home office Reference :ho ref
3. If you wish to vary your application dated 08 November 2007 from one for further leave to remain as a Highliy Skilled Migrant to one for further leave to remain as a Work Permit Holder, please tick the following box:
Yes I wish to vary my application to an application for Further Leave to Remain as a Work Permit
4. Please tick the box below to confirm that your employer has already submitted a work permit application on your behalf, or intends to do so within 42 days of the date of the attached letter.
Yes My employer:
. Has already applied for a work permit; or
. Intends to apply for a work permit within 42 days of the date of the attached letter
NAME :
SIGNATURE:
DATE:
Once you have completed the relevant details above, and signed and dated this slip, please return it to the following address: Home office , immigration and Nationality Directorate, Leave to Remain Team 4, PO Box 3468. Sheffield, S3 8WA
