New approach applies to work permit holders only

[MWazir]

All,

I had sent the following email to Customer Relations Team (wpcustomers@ind.homeoffice.gsi.gov.uk)

Hi there,

I would like to bring to your attention the latest announcement at your official website about which I would like a clarification.

New approach to change of employment cases
http://www.workingintheuk.gov.uk/workin ... cases.html

This states that existing work permit holders changing employment are facing difficulties due to current delays in processing further leave
to remain applications. Therefore as an interm arrangement, work permit holders can start a new job on the strength of the work permit
permission letter providing their existing leave to remain covers all or part of the new employment.

In my case, I am a work permit holder with leave to remain in the UK until Sept 2005, and an HSMP applicant who has just received his HSMP
approval letter. On that basis I am in the process of applying for my FLR(IED). I would like to know if this new ruling applies to me as
well i.e can I work for a new employer while my FLR(IED) is being processed. Please note that instead of a work permit permission letter I have the HSMP approval letter as an incountry applicant.

Many thanks for your help

My query was forwarded to the in country operations team and they responded with:

This arrangement only applies to Work Permit Leave to Remain Applications & not HSMP Regards Ops2 In Country

[ND]

Just one line ... did he not clearly tell u ... so does this mean that we have to wait till we get FLR(IED)

[MWazir]

Yep just one line but it clearly says that it doesnt apply for HSMP.

Also the news annoucements do mention work permit permission letters and not HSMP approval letters

[f2k]

i wont be surprised if you someone else from HO replied to that email and gave you a different response

[MWazir]

True, I thought much the same.

In this case, customer service did not know the answer and then forwarded my email to the in country operations team. The change of employment announcement however does not mention HSMP specifically either.

[try-one]

That's always the risk when asking something to the HO people....you might get the answer you want from someone at the helpdesk but then the case worker has a different interpretation.......
In this case is clear that HSMP was not covered (for now) but with the pressure from the HSMP people renewing after the 12 months, they will need to do something..

[MWazir]

The new announcement does not effect HSMP applicants who are applying for extension. It can have an effect on applicants who are changing their visa category from work permit to HSMP based on their approval letter.

Kayalami, tvt, chess and others, could you please let us know your opinion in the matter. That effects people like myself, ND, Developer and possible many other in country applicants.

Thanks

[Developer]

Logically,

The problem remains the same. FLR delay is for both - WP and HSMP. So, why does it applies to WP. Logically speaking it should conver HSMP applicants as well. But you got the mail. Can't deny that.

Guys, any more lights on this please.

[MWazir]

Logically,

The problem remains the same. FLR delay is for both - WP and HSMP. So, why does it applies to WP. Logically speaking it should conver HSMP applicants as well. But you got the mail. Can't deny that.

Guys, any more lights on this please.

I agree the problem remains the same. I wonder what the HO were thinking when they came up with this interim solution for work permit holders only. It could be that customer groups, employer representatives etc have complained to the HO that the backlogs are delaying them employing a prospective employee. In the case people switching from any category into HSMP, the onus is on the individual and there is no proven job offer for him (as against a work permit filed by an employer for a specific job) They havent yet published the minutes of the september user panel meeting. I think that might shed some more light into the matter.

It would be interesting to see if the HO is consistent with their ruling. Can you also contact the HO and ask for a clarification? Like so many others in the forum have repeated, two different people from the HO almost always give two different answers.