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URGENT Work Permit matters!

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

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bacteria
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Joined: Sun Jul 25, 2004 3:21 am

URGENT Work Permit matters!

Post by bacteria » Wed Aug 18, 2004 4:04 pm

Hi. I am working as a part time fashion designer with student visa (expiring the end of Aug ) at the moment and my employer has decided to take me as a full time employment. He found a solicitor to apply a work permit for me. However, the solicitor claimed that I am not qualified for the application in term of my qualication (I graduated Foundation Degree (HND)). The solicitor also clarifed that for a fashion designer applicant, a Degree qualication is necessary. Does anyone think it is worth of trying to apply WP?

My biggest concern is that I have not obtained a Degree qualification, has anyone who has got no Degree but successfully got a WP?
Or any advise, please make a suggestiion!!

THANKS!

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Wed Aug 18, 2004 4:40 pm

Bacteria,

It appears that your occupation is a Tier 2 category which will have to meet the EU residence, and advertisements criteria..

..in addition to get a WP you need to have atleast 2 years experiennce and be at graduate level. Unfortunately your occupation is not a shortage skill one


I am afraid it is not looking good at all. Even if your qualification was at degree level you would not obtain a permit.

All the best for the future
Where there is a will there is a way.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Wed Aug 18, 2004 5:15 pm

bacteria (interesting handle - fancy some anti-biotics 8) ),

Your application would be considered under the Business and Commercial scheme of the Work Permit - I agree that this would be under Tier 2 so additional requirements would have to be met i.e. resident labour test.

To qualify for a B&C WP the job must require either the following qualifications
1. a UK equivalent degree level qualification or

2. A Higher National Diploma (HND) which is relevant to the post on offer or

3. A HND which is not relevant to the post on offer plus one year of relevant full time experience (relevant to the post) at National/ Scottish Vocational Qualification (N/SVQ) level 3 or above;
or (where none of the above apply) the job must require the following skills:
3 years full time expereince of susing specialist skills acquired through doing the type of job for which the permit is sought. This should be at N/SVQ level 3 or above.
You do not state what your HND was awarded for neither what course you are currently studying - could you share this with us. If it is in fashion design then you meet 2 = HND relevant to the job. If it is not in fashion design then you need to have 1 year's full time experience - it may be that 2 years of continuous part time work can be deemed to be equivalent to 1 yrs full time experience.

IMHO your chances of success were you to meet the relevant criteria are slim because it is most likely (according to my understanding of fashion design in the UK) that the resident labour pool has more than enough people to meet demand - you not having a degree is an added disadvantage but it does not mean you are not eligible.

Hope that helps.

bacteria
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Posts: 4
Joined: Sun Jul 25, 2004 3:21 am

Post by bacteria » Wed Aug 18, 2004 7:22 pm

Dear Chess

Thank you very much for your quick response!! Please allow me to ask you that where I could obtain the Tier 2 Category for more info? Since I have been desperately wanting to work in London as a designer, in terms of what you have said, I believe that you must be an expert on this sort of matters. So I would like to know if there is any way that I could work here without applying a student visa?

Your info is absolutely valuable for me that I would appreciate if you could ans me those doubts. Thx!!!

bacteria
Newly Registered
Posts: 4
Joined: Sun Jul 25, 2004 3:21 am

Post by bacteria » Wed Aug 18, 2004 8:07 pm

Dear Kayalami (I am far stronger than anti-biotics... 8) ..haha..)

Thank you very much for your detailed reply. I appreciated your valuable info that has given me a clearer aspect of WP.

I studied Fashion Design on Foundation level and FdA(HND) level in University of Arts London located in Oxford Circus.
And if I think about an advantage for the company to take me is that the company often expects me as a translator, since the company get most of the garments made in China and Hong Kong manufactures. So my job role isn't only about designing, but also in charge of administrating between HK manufactures and the design studio in London (sampling, Ordering, solving problems).
Do you think that it is an advantage?

Please allow me to ask you that what is THE POST ON OFFER means? As you have clarifed that I have met number 2. A Higher National Diploma (HND) which is relevant to the post on offer, which does it mean there is a possiblity I could get a WP?

My employer has not got a clue what to do to apply a WP for me, which I need as many info as possible b4 asking him to proceed the application. On the other hand, is it correct that I need to apply for a visa (pls tell me what visa) after I have got a WP, is it FLR?


I am looking forward to hearing from you. Thank you!!

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