Switching from WHM to HSMP (Amended rules 3rd March, 2005)

[mjwall]

Switching from WHM to HSMP

Having read this article by Work Permit's UK about the Clarification of changes to the Working Holidaymaker Scheme, it appears to me that anyone on the WHM visa (In Country) wanting to switch to the HSMP can not do it unless their occupation is on the shortage list.

I am an In Country applicant who is about to apply this week (claiming 90 points). I am in IT and have uni degree, 4 years graduate level experience, spouse with uni degree and earnings about the £27k. I have spent the past 3 months preparing this application and my current visa expires in 8 days.

I still want to submit my application along with the FLR. Does anyone object to me doing this? I'm getting worried now!

Thanks for any help.

[f2k]

There is only one way to find out whether you will be successful or not, that is submitting your application. i know someone raised this b4 and nobody came up with a conclusive answer, that is whether the occupation list is only relevant to someone swithing from WHV to WP or also to HSMP (seeing there is nothing like shortage occupations for HSMP). maybe you should seriously consider applying from your home country as it might end up costing you a lot of money i.e if you apply and are not successful that will mean yuo will have to leave the UK after your visa has expired and then you will only apply again from your home country when the fees have gone up

[gunjans]

Hi Mjwall,

Even i think, the only way for answer is apply.
Also talking abt shortage of skill list...... this list majorlly specifies abt health care sector and not too many in other fields though there are plenty.

[mjwall]

I just got an email from lawyer's in the UK. Much better news here (bolded text was also in email):

Dear Matt,

Thank you for your e-mail, we have noted the contents thereof.

Matt, yes, as from 8th February 2005, working holidaymakers will not be entitled to switch status within the UK at any stage other than to the Highly Skilled Migrant Programme, the innovator programme, or to shortage occupation work permits. You will therefore be able to switch to the HSMP as an in-country application, should you comply with the specific requirements.

Matt, we will gladly evaluate and assist you with regard to a Work Permit / HSMP application but would need more information. Kindly complete the free appraisal form on our webpage (www.breytenbachs.com) and forward a detailed CV, together with an idea of earnings in the last 12 months, asap to enable us to advice as to all the possibilities.

The two most obvious options are as follows:-

1. A UK work permit, but you would need to find a UK sponsoring employer to apply for
the permit.
2. A Highly Skilled Migrant Permit, which does not require a UK sponsor, but would
require further review of your CV.

I am looking forward to hearing from you soon.

With kind regards,
xxxxxx xxxxxx.

[peter_hsmp_2005]

I just found this on the official UK visas site (link below), which seems to back up the position we are hoping for (see last sentence of quote):

Switching
Working Holidaymakers are still eligible to switch into work permit employment after 12 months stay as a working holidaymaker. Para.131D (iii) of the Immigration Rules now restricts such switching to occupations on the list of designated shortage occupations maintained by Work Permits (UK). Switching into other work permit employment in the business and commercial category is no longer permitted. Working Holidaymakers may still switch into Innovators and the Highly Skilled Migrant Programme (HSMP).

This was copied and pasted straight from:
http://www.ukvisas.gov.uk/servlet/Front ... 6517960174