Immigration

Common Immigration Issues

All work permit and HSMP applications involve a two stage process and it is usually necessary for both stages to be successfully completed so that the individual ends up with an endorsement in their passport or what is normally termed as a ‘visa’. Although the two are separate stages, it is wise to consider the implications of both stages when making a decision about which options to pursue. Time limits and restrictions are also often an important consideration

Stage 1

Firstly, there is the objective stage or the stage at which the relevant government authority would consider whether to issue a work permit / HSMP approval. This is the stage at which the strength of the application is ascertained against strict and fairly objective criteria. For example, has the HSMP applicant provided relevant proof to indicate that they score the points that are claimed? For a work permit application, has the employer provided sufficient proof to establish that they are a UK based employer? The approval of the application at this stage is merely an approval of the application ‘in principle’. The work permit / HSMP etc is only actually activated by having the relevant visa endorsed in the applicant’s passport, which is explained in stage 2 below.

Stage 2

Secondly, there is the more subjective stage, where the candidate is ‘vetted’ before the visa is endorsed on the applicant’s passport. Considerations at this stage are mainly related to whether the applicant can sustain themselves (and their families) in the UK, and other character-related matters. This application must either be made by the individual in the UK or at a British Diplomatic Post (an embassy, consulate or High Commission) in the applicant’s country of ordinary residence.

In-country / Out-of-country

Prior to the submission of any work permit or HSMP application, the applicant should consider whether an in–country or an out-of-country application is appropriate. An in–country application is one which is submitted whilst the applicant is in the UK, whilst an out-of-country application is one which is submitted whilst the applicant is outside the UK. Current immigration rules concerning “switching” will normally dictate which route is the most appropriate. If an in–country application is submitted, the second stage is dealt with by applying for Further Leave to Remain (FLR) to the relevant UK authorities. If an out-of-country application is submitted, the second stage is completed by applying for Entry Clearance to the British Diplomatic Post closest to the applicant in his or her country of ordinary residence. 

In most applications, paperwork given for an initial in-country application and an initial out-of-country application will differ. This means that an in-country work permit approval cannot be activated by a person outside the UK, and an out-of-country work permit approval cannot be activated by a person in who finds him/herself in the UK.

For FLR applications (following an in-country work permit or HSMP application), it is highly unusual for an applicant to be interviewed. However for Entry Clearance applications (following an out-of-country work permit or HSMP application), the applicant will often be interviewed by an Entry Clearance Officer in their country of normal residence.

Another important consideration for in-country applications is the timing of the relevant application and the FLR application. Normally the work permit / HSMP application is submitted and approved first, and then the FLR application is submitted once this first application has been approved. The FLR application must, in all circumstances, be submitted before the applicant’s current visa expires, if it is to be valid. This may mean, sometimes, that the relevant (work permit / HSMP) application and the FLR application would need to be submitted concurrently.  

Switching Rules

Changes to the immigration rules concerning the switching criteria are implemented very strictly. The current immigration status of the individual will determine whether a person already in the UK can switch from one category to another without having to leave the UK. For example, individuals on working holiday maker visas can switch to work permit status, but only if the post for which the work permit is made is on the shortage list and if the individual has spent at least one year on the working holiday visa. However, individuals on working holidaymaker visas can switch to HSMP status without having to meet any further criteria. If a person is not permitted to 'switch', then the individual would have to leave in order for an out-of-country application to be submitted.

Dependants:

For almost all work related immigration categories, applicants are allowed to bring their dependants to the UK. The term ‘dependants’ normally covers the partner (married, unmarried or same sex partner) and any children of the main applicant. Children aged 18 or over would have to normally establish that they are unmarried and dependant on the applicant.

Following a free initial assessment, we offer comprehensive advice on most of the application types referred to on this website. As well as work permit and HSMP applications, we can also assist with making FLR applications. For help with any applications, please visit the relevant pages the relevant pages on our site, and take the relevant assessment.

Contact us directly to discuss any specific questions or to speak to one of our expert consultants to discuss the options relevant to you.