UK IMMIGRATION UPDATE

Work Permits UK – Processing fee to be increased 

Work Permits UK recently announced an increase in the fee for the processing of a work permit application. From 2 July 2004, all work permit applications will attract a fee of £153. Currently applications are charged at a fee of £95 with Sector Based Scheme applications attracting a lesser fee of £74. The increase is partially due to the inclusion of overhead costs, which were not taken into account when the original £95 fee was determined.

Turnaround of Work Permit Applications

The Business Teams continue to produce a fast turnaround of straightforward complete applications. However where additional information is requested or added at a later date, delays are occurring as the application is no longer within the mainstream process and is only considered once the relevant caseworker has dealt with their quota of applications for that day. In addition where a caseworker is absent from the office, it is increasingly difficult to arrange for a different caseworker to deal with the application, which again causes delays in processing.

HSMP Applications

This scheme has proved to be so popular that as of 14 June, the HSMP Team are dealing with applications received on 6 March. It may be possible to expedite an application where proof of a job offer is submitted, provided the application has been outstanding for more than 6 weeks. Other requests to expedite an application will only be considered on an exceptional basis. It is no longer necessary to submit passports with the initial application but the applicant cannot start work until their application for further leave has been processed (see below for information on this process). With a processing time of over three months for the initial HSMP application and an additional eight weeks for the leave to remain applications, it could be almost six months before an applicant could start work. Applicants who submit applications from outside the UK, would have to obtain entry clearance which would reduce the processing time to just over three months.

Further Leave to Remain in the UK

As of 1 April 2004, a separate application has been required to apply for further leave to remain (FLR) in the UK following approval of employment. This involves the completion of a further application form and the submission of the work permit holder and any accompanying dependants’ passports to Work Permits UK for endorsement. The application, which also attracts a fee of £121, is initially submitted to the payment section in Doncaster, who process the fee and then forward the application to the relevant Operational Team in Sheffield. The first issue is that, regardless of the method of payment, it can take up to three weeks for the application to reach the team in Sheffield. Secondly, the Operational Teams are now quoting a minimum of five weeks to deal with the passport endorsement. This means that the work permit holder could be restricted from travelling for more than eight weeks.

The website of Work Permits UK states that should an applicant require their passport for travel, the application must be withdrawn and no refund of the fee is made. In practice, it may be possible to persuade a caseworker to process the application before its return but this cannot be relied upon.

Where a work permit holder still has valid leave it may be possible to withdraw the application and re-submit on their return to the UK. However, if the leave has already expired or expires whilst the work permit holder is outside the UK, the only option is for a new “out of country” work permit application to be submitted. Should the work permit be granted for more than six months, the work permit holder would also have to apply for entry clearance before entering the UK. The situation could be further complicated if the work permit holder has accompanying dependants who have no plans to travel but will have to leave the UK if their leave to remain expires. If their leave has not yet expired, it should be possible to apply for their leave to be extended through the Home Office in Croydon on a same day basis once the work permit holder re-enters the UK.

One possible action where the work permit holder still has valid leave but needs to travel prior to the FLR application being submitted, is to apply for a two month travel extension to the Home Office in Croydon. Evidence of travel arrangements must be provided together with a completed form FLR (O) and supporting documentation. The Home Office charge a fee of £250 for the processing of such an extension.

Also, where an application is to be made for a work permit for a foreign national who is already in the UK as a work permit holder or student, it may be worthwhile to consider submitting the application whilst the applicant is outside the UK. This means that the applicant would be granted a work permit and would then have to make an entry clearance application in their country of origin. However, the advantage is that they would not be without their passport during the first eight weeks of their employment when business travel may be necessary. Again this situation may be more complicated when the applicant has family members present in the UK.