In-country 'change of employment' work permit cases
4th November 2004
Work Permits (UK) have introduced temporary interim measures to allow those current work permit holders, who are awaiting an in-country decision for a change of employment work permit application, to start work for their new employer on the strength of the initial approval of employment letter.
Previously, employees could only start work for the new employer once the initial approval had been given, plus their passport had been endorsed to show this new period of employment.
It is important to note that their existing leave to remain (immigration stamp) should cover all or part of the new employment. An application for further leave to remain (FLR) must still be made and if refused for some reason, the individual must cease work.
The situation will be reviewed again in the New Year.
In-Country Switch to work permit status
Previously we reported the Home Office plans for regulating the switching from one immigration status to another whilst an individual remains legally in the UK. These plans have concentrated on switching into work permit, Highly Skilled Migrant Programme and Innovator status.
From 1st October, the following has been clarified:
Switching into work permit employment
Nationals from non-EEA countries may apply to switch into work permit approved employment without leaving the UK providing they satisfy the work permits criteria and have existing leave in the UK as:
- A student and have successfully graduated at a UK higher or further education institute; or
- A postgraduate doctor or dentist or trainee general practitioner; or
- A student nurse; or
- A working holidaymaker who has been in the UK at least 12 months; or
- A participant on the Science and Engineering Graduate Scheme; or
- A Highly Skilled Migrant; or
- An Innovator
Switching into the Highly Skilled Migrant and Innovator categories
Nationals from non-EEA countries may apply to switch into the Highly Skilled Migrant and Innovator categories without leaving the UK provided they have existing leave as:
- A work permit holder; or
- A student who has graduated at a UK or further educational establishment; or
- A working holiday maker; or
- A postgraduate doctor or dentist or trainee general practitioner; or
- A participant on the Science and Engineering Graduate Scheme
Participants on the Highly Skilled Migrant Programme may switch into the Innovator category. Similarly Innovators may switch into the Highly Skilled Migrant Programme.
Switching from categories other than those stated above will not be allowed except in exceptional circumstances.
