Employers financial contribution towards earnings too much?

[adam83]

Hi,

I'm on a two year working holiday visa and have been in the UK for just over a year. I've worked almost 11 months hence don't have long to remain, and my employer is looking into the options for me to stay long term in the UK. Work permit option is ruled out, and currently my earnings are not at the level required for HSMP approval. We've calculated that it would cost them an additional £4800~ July bonus payment in order for my UK earnings to reach the £23,000 required (in my case). I work in IT as a marketing assistant and therefore seen as replaceable, even though I've put in a phenomenal amount of effort and long hours to make myself invaluable to the company, my gut feeling is as just a "marketing assistant" they are reluctant to put the money into my account, and from my discussions with them I'm almost certain they wont proceed with my HSMP app, simply because it will be too expensive.

But my thinking was despite this cost is high it would in fact cost them more to replace me, in terms of using a recruitment agent, placing an ad, interviewing candidates, training etc? I also have 8 months product knowledge and experience in a "niche" IT market, which is not easily replaced. Put simply, the practical thing to do financially and for the benefit of the marketing function as a whole would be to top up my earnings and process my application, but again, the stigma of "marketing assistant" is counter conducive to my situation. Is my thinking right?

Does anybody have any advice or tips on how to talk to my employer about this?

I really want to stay in the UK!
Adam

[SYH]

Why is the work permit option not workable?

[adam83]

Why is the work permit option not workable?

Well apparently since April the government has tightened the rules for handing out work permits and as a marketing assistant I'm simply not eligible. 1st Contact have also verified this.

[gordon]

If you're not eligible for a work permit in your current position, here are some thoughts:

1. If you were in line for a promotion by the end of your two years, would that next position be eligible for work permit sponsorship ? If yes, then you could wait, hoping to get the promotion and then stay on the work permit (and possibly switch to HSMP later on).

2. If you're not in line for a promotion to a position that would render you eligible for a work permit, then you could ostensibly switch to a job that would pay you enough to qualify for HSMP (or to a job eligible for a work permit, at least).

I think you have a compelling argument about the costs associated with turnover and employee learning curves, but frankly, I don't think that employers always think in these terms. If I were in your position, I would make it clear to the employer that I want to stay in the UK (and, it sounds like, in the firm), and he could either lay out prospects in a year's time inside the firm (option 1) or be of help in getting to a better-paid position elsewhere (option 2). But you'll wnat to sort this soon, since option 2 will require time, for both searching and earning by the end of your working holiday period.

While the 'marketing asst' title might be a problem in the work-permit realm, I can't quite see how it would be an inherent impediment in the HSMP application process (except that market assts appear not to be generously paid).

[SYH]

I started off in Marketing under HSMP but the title isn't an issue, the company can always call the position anything he wants in the application.
the salary may be indicative of its highly skilled nature but not an absolute determiner.
I don't see why marketing asst isn't good enough for work permit and would explore that more in detail how that was analyzed to be sure you don't qualify. I dont understand the meaning of 1st contact verified this.

[adam83]

I've spoken to two people from 1st Contact (immigration specialists) both who have said it's difficult to secure work permits for lower level positions. My skills aren't exactly rare either. I understand a couple of years or even six months ago, it was possible to sponsor those in the most basic positions, receptions, secretaries, admin people etc, not anymore so I'm told.

If I offered to pay back any employer's contribution towards a HSMP application could this be done successfully? Would it be legal?

Does anybody have any tips or advice for applying successfully? I am prepared to go to "extreme" lengths to stay in the UK (i.e. quitting my job tomorrow), but if I'm forced to go home so be it.

I'm aware as you don't know my full situation it's difficult to give advice. My earnings is such that I would require the full support of my employer. I believe I don't have this, for a number of reasons, none of which are related to my performance.

[SYH]

NO you can't pay your employer
Perhaps you should look for another job that pays better