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Did you ask them why? Maybe you should point out some government policies on the HSMP and/or employment. It could be that they do not know much about the HSMP and think it is the same as a work permit. Or, it could just be as wanderer wrote - that they want someone with a visa longer than that which you have?T1_Mainframe wrote:Hi folks,
Yesterday, I have received a communication, in response to a vacancy I had applied for, stating they are not considering HSMP candidates at the moment.
Its really strange to reject an application based on type of visa. What is the use of Tier1 visa if employers have their own reservation to choose the candidates.
Employer - BritInsurance
Thanks.
Which is so silly because once you become naturalized, then your CV may not show experience from outside of the UK and they would be none the wiser.netacct wrote:A lot of companies prefer to hire someone who is native in all sense...if they can find...
Some companies/agencies are open giving you that feedback that they don't want to hire someone who is on HSMP....some won't give that feedback but some diplomatic answer...
There are plenty of fish and in my opinion there is not point worrying about too much about such experiences....if you got skill someone will definitely hire you....
William Blake, stop and think for a second. If that were to happen, I can see recruitment managers steering well clear of HSMP applicants. They will just brush HSMP CVs aside and won't return any mail or calls.William Blake wrote:On HSMP there is no restriction on the type of work / employer you can take. So I say drop that employer an email / correspondence in a clever way that gets them to admit that they don't want you because you are on HSMP. Then once you got that initiate a tribunal case. In fact once you get something from them confirming that it is because you are HSMP - i.e they dont want you because you are highly skilled - you can also serve them a race relations questionnaire.
Anyway, while I think its stupid to say we are not employing hsmp visa holders, sometimes people just don't say we picked someone else and use an excuse instead of being direct.Wanderer wrote:And the end of the day it's the companies prerogative to employ who they like. I don't think it's discriminative, - just business.
I think it is outrageous too but it just sounds like an ignorant employer. I have had agency freak out on me because my visa is going to expire and I haven't received my renewal. Sometimes you have to educate employers and say to them in a timely manner, why aren't you taking HSMP candidates? What risk do you feel they impose? and address them. It was the same when I got here, they didn't know what HSMP was and wouldn't hire me because they thought they needed to get me a visa anyway. There are always hurdles it is up to you to work around them. Not so sure suing and making a scene is one of them. Perhaps I quick email back to them stating that you visa doesn't expire until such and such a date and as long as you are working you would get an extension since you plan to stay. If you can tell me what your concerns are, then I can perhaps assuage your fears on hiring HSMP visa holders. Then at least you can get to the crux of the problem. That is if you really want the job.William Blake wrote:I find though that such practice raises questions.
If the law of the land has given you the right to work without any restrictions on what basis can a company's private policy supersede the law?
Many people who are full British Citizens join companies and then leave at short notice - illness, marriage, change of circumstance you name it. What of people who are ill with say HIV or some other life threatening disease? Should they be refused employment too because their time may be up? And when it is all said and done who can guarantee that tomorrow they will still be on this planet?
So I say yes 100% it is discrimation. And it is blatantly so and I am surprised how blind some are to this.
On HSMP there is no restriction on the type of work / employer you can take. So I say drop that employer an email / correspondence in a clever way that gets them to admit that they don't want you because you are on HSMP. Then once you got that initiate a tribunal case. In fact once you get something from them confirming that it is because you are HSMP - i.e they dont want you because you are highly skilled - you can also serve them a race relations questionnaire. You are entitled to apply and to do the job just as much as the british passport holder.
Of course I can see that could happen but if I were in OP's shoes I'd still litigate. Thats why the American system is so much better. Once you have the job offer then you are required to prove your right to work. A much better way of elimintaing the discrimination and a method that ensures employment on merit.paulp wrote:William Blake, stop and think for a second. If that were to happen, I can see recruitment managers steering well clear of HSMP applicants. They will just brush HSMP CVs aside and won't return any mail or calls.William Blake wrote:On HSMP there is no restriction on the type of work / employer you can take. So I say drop that employer an email / correspondence in a clever way that gets them to admit that they don't want you because you are on HSMP. Then once you got that initiate a tribunal case. In fact once you get something from them confirming that it is because you are HSMP - i.e they dont want you because you are highly skilled - you can also serve them a race relations questionnaire.
What if it was the other way around? What if the company said they were only going to higher HSMP - is that discrimination ?Frontier Mole wrote:I think you will find that the changes in the law this year in regards employing non EEA staff has put off some employers. It is seen as an extra hassle they can do without so just stay away from employing non EEA staff.
Despite what some might think it can not be described as discrimination. Employment law in the UK is very clear on the issues in regards what constitutes discrimination. Not considering an application because of the immigration status of the individual is not one such issue. The employer is now far more liable for the immigration status and the penalties that can be imposed if they fail in their obligations. For some that is a risk they are not prepared to take.
In the current economic climate especially in the financial industry there is going to be a lot of blood letting, 20,000 jobs are expected to go before the end of the year. There will be no shortage of EEA staff with UK based knowledge and skills, and they will be willing to accept lower salaries. So do not be surprised as UK plc enters more deeply into recession that the opportunities diminish for non EEA workers. The land of milk and honey is moving to bread and water for a couple of years.
Well then it must be lawful and right if the government does itFrontier Mole wrote:In reply to WB.
The Government does it all the time!
I would like to think those rights exist if not on the law books inalienably / inherently / human rights. Otherwise if we don't have such rights on the law books we ought to be getting / fighting to establish them. OP start by suing that company !Frontier Mole wrote:In reply to WB.
Show me anywhere in employment law that gives non EEA nationals the rights that you seem to think they have.
