HSMP to Work Permit

Cheated · Post by **Cheated** » Fri Jan 12, 2007 10:13 am

Going through the posts there seems to be very few people unfortunate like me, having to shift to Work Permit without doubt.

I do not qualify for any age points and my salary is just £21,000 (before tax) so I thought I need not bother and will ask my company for a WP. (I've been working in a company for the past 10 months and was on a one year HSMP visa. Extension was due next month)

To confirm my position and I wrote to the Home Office that I don't wish to trouble them and I'm going for a Work Permit.

You won't believe the reply they gave.

I quote

"If you submit your application now, during a transitional period we are considering the HSMP cases and if the case would fall for refusal due to the fact you do not meet the 75 points, we are issuing a letter giving the option to vary to work permit which includes a concession to the advertising criteria for a work permit. The option to vary using the advertising concession is only available if you have firstly submitted the HSMP and failed to meet the 75 points.

If you decided to take up this option your employer would need to submit a work permit application and then your leave would be decided upon the outcome of this."

Unquote

What does this mean? I have to apply for HSMP despite knowing that I'll be rejected. And only once I get rejected can the company get a "waiving NOC- local resident test" to apply for Work Permit?

Can someone share any information? And what is this transition period (I got this reply yesterday - Jan, 11).

Markie · Post by **Markie** » Fri Jan 12, 2007 11:25 am

how ironic really... imagine wasting 315 quid just to be rejected...

here is where a mismatch is also noted...

on the FLR(HSMP) form itself immediate after the total points claimed...it clearly states that if you fail to meet 75pts...do not continue filling up this form and refer to para. 100 of the guidance notes.

to submit or not to submit...what really is the final verdict?

pantaiema · Post by **pantaiema** » Fri Jan 12, 2007 1:36 pm

Oh dear ,

IS that mean wasting manoy again or any other interpretation ??

Pantaiema

Cheated wrote: "If you submit your application now, during a transitional period we are considering the HSMP cases and if the case would fall for refusal due to the fact you do not meet the 75 points, we are issuing a letter giving the option to vary to work permit which includes a concession to the advertising criteria for a work permit. The option to vary using the advertising concession is only available if you have firstly submitted the HSMP and failed to meet the 75 points.

If you decided to take up this option your employer would need to submit a work permit application and then your leave would be decided upon the outcome of this."

Cheated · Post by **Cheated** » Sat Jan 13, 2007 11:23 am

Yes, that's £315 wasted for getting a rejection. Can you believe that?

And we blamed our home counties for ridiculous rules.
They seem nothing in comparison to what the Home Office is doing.
Is there no justice?
How do you fill a form with the intention of getting rejected?
By the way, are there just a handful of us who are unfortunate to seek a shift from HSMP to Work permit? I just wonder.

May God have mercy on us all.

webhunter · Post by **webhunter** » Sat Jan 13, 2007 2:21 pm

On the same note, it mentions some where that the usual advertising criteria is waived only if you are in that position for 8 months? Does this mean 8 months with the current company, (OR) 8 months any where? I have changed job after 4 months and its only 4 months now in the new job.

AC77 · Post by **AC77** » Sat Jan 13, 2007 3:57 pm

I think it means with the same company. But you should confirm it from, as I remember, paragraph 100 of the HSMP(FLR) app form or guidance notes.

I have been very curious about how many cases have come to light where people have

1) Either successfully moved to work permits from HSMP
2) Asked to leave the country because of not being able to make up the HSMP points and rejected on WP as well.

That can tell us what the HO is really upto...

webhunter · Post by **webhunter** » Sat Jan 13, 2007 5:57 pm

Since these rules started only on Dec 5, so the time for HSMP application and the refusal and then the WP application and the refusal and finally leaving , will take a long long time.

I am afraid, we wont hear the complete lifecycle cases until atleast a month or two from now.

WoodieG · Post by **WoodieG** » Sun Jan 14, 2007 9:24 am

"...The option to vary using the advertising concession is only available if you have firstly submitted the HSMP and failed to meet the 75 points."

I don't think this is true. If you look at the FLR(HSMP) guidance the section about ads being waived is a subsection of a paragraph talking about applying for leave in another category.

It looks like whoever wrote that made a mistake.
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Cheated · Post by **Cheated** » Mon Jan 15, 2007 9:29 am

Nope, unfortunately it's not a mistake.
I wrote to them again seeking clarification.
You need a rejection before applying for Work permit.
But I do not know what happens if your respective company 'where you have worked for the past 8 months' is able to get to get you a Work Permit without you needing to get a 'HSMP rejection'.
What if the company already meets the 'advertisement requirements' (which means having advertised that position in within the past 6 months)?

I quote
You will need to apply for a HSMP extension to show that you do not meet the extension criteria, you will then be sent a letter asking if you wish to vary the application to that of a work permit holder, under this concession your employer will be able to make a work permit application on your behalf. The employer will not then have to meet the advertisement requirements required if he applied normally. You will not be required to pay twice for your leave to remain application.

Unquote

LondonBlonde · Post by **LondonBlonde** » Mon Jan 15, 2007 11:38 am

Cheated - have you been in the country for one year, or four?

Cheated · Post by **Cheated** » Mon Jan 15, 2007 6:14 pm

LondonBlonde wrote:Cheated - have you been in the country for one year, or four?

One year

WoodieG · Post by **WoodieG** » Mon Jan 15, 2007 7:12 pm

"You will need to apply for a HSMP extension to show that you do not meet the extension criteria, you will then be sent a letter asking if you wish to vary the application to that of a work permit holder, under this concession your employer will be able to make a work permit application on your behalf. The employer will not then have to meet the advertisement requirements required if he applied normally. You will not be required to pay twice for your leave to remain application."

Thinking about it, if you don't meet the extension criteria and intend to switch to a work permit it doesn't make any difference - you've got to apply for FLR anyway.
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kawasaki1 · Post by **kawasaki1** » Mon Jan 15, 2007 8:33 pm

I guess it is up to you.

If you are confident your company can get you a WP anyway then do it. Otherwise you are in effect paying £315 to waive the advertisement requirement to increase the chances of getting the WP, so if you don't want to play around it might be a worthwhile investment.

rizwan567 · Post by **rizwan567** » Tue Jan 16, 2007 7:21 am

I have a question: If somene apply for Extension as self employed however application is rejected by the HomeOffice, will that person still beallowed to shift to Work Permit.

drake · Post by **drake** » Tue Jan 16, 2007 4:40 pm

Guys,
I am in a predicament here.
I am working on work permit dependent(my spouse is work permit holder) now since an year and have stayed in UK for 2 years totally.
My company has agreed to sponsor work permit for me .
I qualify for HSMP as well.
Now if I get work permit for 3 years thorugh my company will my 2 years of stay add up to the 5 year ILR?
or If i get hsmp will my 2 years spend add up to 5 years ILR?
I'm bit confused on these counter reset things.
Some one please help me do decide and take the right decision.
many thanks,
Drake

rizwan567 · Post by **rizwan567** » Wed Jan 17, 2007 6:31 pm

Drake.... according to my perception... commercial work permit is always granted for 5 years.... but I am not very sure.

first2last4 · Post by **first2last4** » Wed Jan 17, 2007 6:40 pm

If asked for 5 years .. otherwise it can very from 6 month, to 5 years.

rizwan567 wrote:Drake.... according to my perception... commercial work permit is always granted for 5 years.... but I am not very sure.

Cheated · Post by **Cheated** » Wed Jan 17, 2007 6:47 pm

I am absolutely stressed out.

And the Indian Government isw bothered more about Shilpa Shetty who made a tryst with Big Brother.

full nelson · Post by **full nelson** » Wed Jan 17, 2007 7:39 pm

Where did you get J315 from? It is J335

LondonBlonde · Post by **LondonBlonde** » Wed Jan 17, 2007 8:40 pm

Cheated - you might try speaking to a good immigration solicitor. A friend of mine thinks it's very possibly to reverse any deportation order resulting from the new rule changes.

Worth a try as most solicitors will hear your case for no fee.

LondonBlonde

Cheated · Post by **Cheated** » Thu Jan 18, 2007 9:05 am

LondonBlonde wrote:Cheated - you might try speaking to a good immigration solicitor. A friend of mine thinks it's very possibly to reverse any deportation order resulting from the new rule changes.

Worth a try as most solicitors will hear your case for no fee.

LondonBlonde

Thanks LondonBlonde, that's encouraging.

I've asked my company for WP. It's a big media company, but I told them about the 'advt waivement criteria' and all that stuff and are confused about it.
It seems I have to get an HSMP refusal first.
Has anyone been in this predicament?

LondonBlonde · Post by **LondonBlonde** » Thu Jan 18, 2007 9:11 am

Cheated - I would definitely speak to the solicitor BEFORE applying for FLR. He may not want you to apply for WP at all...

Good luck to you,

LondonBlonde

Cheated · Post by **Cheated** » Thu Jan 18, 2007 9:55 am

LondonBlonde wrote:Cheated - I would definitely speak to the solicitor BEFORE applying for FLR. He may not want you to apply for WP at all...

Good luck to you,

LondonBlonde

Forgive my ignorance, but where do I find immigration solicitors?

I stay in High Wycombe, bucks.

Any help?

LondonBlonde · Post by **LondonBlonde** » Thu Jan 18, 2007 10:06 am

Cheated - start another thread asking for recommendations. I'm sure you will get a lot of response.

Cheated · Post by **Cheated** » Wed Feb 21, 2007 1:34 pm

Dear all,

I made it clear in my covering letter that I do not qualify for HSMP (no age points, salary low) - therefore kindly give me a rejection letter so that my company can proceed with a Work Permit.

I submitted my HSMP Extension application on Feb 1 with eight months wages slip, bank statements, family passports, etc - basically all the necessary documents even though it is for a refusal. And the fees of course.

I have got a Ref No. from the Work Permits team. But nothing about the caseworker (may be there is nothing to be worked out)

Is there anyone out there wrethced and stressed out as me? Some smart guys have gone for a WP without an HSMP rejection, but my company demands it.

It would be nice to hear from someone in the same boat. All such miserable souls pls comment on how you have fared.

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