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employment/immigration/work permit


Jay Blizzay
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I appreciate this is quite a long winded post, but here is a copy of the message my colleage sent to the MD

 

They are not extending his work permit

 

If anyone knows of anything that can be done to help, advice would be appreciated

 

________________________________________________________________

Hi ***,

 

I’ve been working in Technical Support since 2005, when I was offered the position shortly after graduating from Middlesex University (in June 2005) in London with a Second Class Honours Degree.

 

***, was successful in securing a 24 months (2 year) work permit for me on 19/12/2005, and I was able to extend my visa for the duration of the work permit on 10/01/2006.

 

As my existing work permit was due to expire in December 2007, I liaised with the current HR advisor, ***, as *** was on maternity leave, in order to submit a work permit extension application.

 

I helped in completing the necessary paperwork as *** had expressed with words to the effect that she was new to the world of work permits. This did, at the time, slightly shake my confidence, so I made best efforts to make her task as easy as possible to ensure a successful application.

 

The first work permit extension application was submitted via fax on 06/12/2007 at 4:36 pm, with no receipt of fax confirmation as 3 earlier attempts (via email) had failed. Attached word document explains further details behind the confusion and delay.

 

The home office website advises not to rely on email/fax as the only medium to communicate and all applications, should under any circumstances, be posted via regular mail i.e. royal mail or courier.

 

Referring to the application processing times as detailed on the home office website, I liaised with *** for her to follow up with the work permits team, but with Christmas and New Year around the corner, I expected some delays.

 

The first update for the application faxed in early December was received on 17/01/2008 when *** found out that the faxed application had not been received. **** printed out the completed online application and posted it (by SD) to a Croydon address, which is for student visa extension applications, not work permit extension applications.

 

I was awaiting an outcome of the work permit extension application, in order to submit my visa extension application on the grounds of the work permit extension application. As the first contact and update regarding the work permit application was not received till 17/01/2008, this resulted in my visa extension application to be delayed and was subsequently submitted on 21/01/2008 by Royal Mail SD, but this is 100% my fault and nothing to do with ***.

 

Upon inquiry and checking with *** (also on a work permit and more knowledgeable), *** advised that the work permit extension application posted to the Croydon address would not be forwarded to the Sheffield address. I made *** aware of this, and on 21/01/2008 the already completed work permit extension application was posted to the Sheffield address (by SD).

 

*** received the rejection letter (dated 09/02/2008) from the home office, outlining the reasons for rejection (currently with *** in HR).

 

*** re-assured me that *** would re-submit with more supporting evidence. As *** and *** were working to produce additional supporting material to accompany my application, I was inquiring around for experienced immigration solicitors, should the need arise, to secure myself and my second application.

 

As luck would have it, *** had come back into work, after her maternity leave and rang me on 21/01/2008 to inform the second application was ready to be submitted. I requested her to review my application and verify if everything was in order, because I felt more confident as she had handled my first application.

 

*** got back to me later during the day, to say she needed to clarify a few things with ***, and that I should see her in *** to review everything before the application is submitted.

 

I went to *** to address my concerns and clarify regarding the type of application that was being submitted. The rejection letter (dated 09/02/2008) stated:

 

‘If you want us to reconsider this decision in the light of new or additional information, it is open to you, at any time, to submit a fresh application on form WP1 together with payment’

 

My gut feeling is, that when *** needed to clarify a few things with ***, it was the point above.

 

The reason I say that is because when I was in ***, the second application about to be submitted with additional supporting material, was another work permit extension application, and not a work permit application as the extract above in bold from the rejection letter states. WP1 is for work permit application whilst WP1X is for a work permit extension application.

 

I explicitly asked *** (in the presence of ***and *** ) further clarification on this specific point as to why *** were submitting an work permit extension application, and not a work permit application as the letter had advised.

 

*** re-assured me that she had spoken to the advisor from the case worker team (at the home office) who advised with words to the effect that if the instructions are followed as outlined in the rejection letter, the application would be refused and *** have a better chance of a successful application if they submit a work permit extension application with more supporting evidence.

 

My concern on the above point is, that anything written on paper can be verified and checked, but how can *** or I verify if what the case worker (from the home office) advised over the phone was correct advice as nothing was recorded i.e., Name, Department, Date or Time of call. Shouldn’t this have been done?

 

The reason I brought up and explicitly clarified the point regarding the type of application being submitted was to safeguard myself, should the refusal be on that particular point, I should be able to defend myself as I would be the affected party amongst the three involved i.e., ***, myself and Home Office.

 

Secondly, I also suggested to *** that I wanted an immigration solicitor to review my case and was willing to pay for the full fees as well as I did not want to risk another refusal. *** informed me that a similar case that had happened at her previous work place where the work permit had been refused, but an appeal was submitted and the work permit was then subsequently approved. *** went on to further say that it was too early to consider a solicitor, and should the need arise, she will consider it.

 

She also assured me that she was confident that *** had a strong chance of success, and if for any reason it doesn’t work out, she will try something else. The mention of considering a possible third attempt, certainly surprised me, but going through the waiting period whilst an application was being reviewed was a period of much stress and I expressed that I would rather that this second application be successful so we don’t have to consider a third attempt.

 

The second work permit extension application was posted (via SD) on 18/02/2008.

 

The second refusal letter (dated 12/03/2008) emphasised on the very same points as outlined in the first refusal letter.

 

I am, now at a stage, where I have a final chance to make a last ditch attempt to secure a work permit with the full support and co-operation of ***. Over the weekend, I have been sourcing immigration solicitors who maybe able to handle my case and make a successful application.

 

A friend also suggested that he had success in his work permit/visa application by obtaining a letter of support (via his employer) from the local MP, *** which was submitted with his application as they had been refused on the first attempt.

 

An immigration solicitor is effective and comes into the picture, if and only if, my employer *** is willing to submit an application on my behalf and allow liaison of HR with the solicitor to stream line the work permit application.

 

I have worked hard at *** for approximately two and a half years now, and I love working in the company and the environment it provides, and enjoy the company of my colleagues and friends that I have made here. I don’t want to give up at this stage, and I don’t want *** to give up on me because I am sure with specialist help and co-operation from ***, I should be able to secure a 5 year work permit.

 

Chronological History

 

06/12/2007 First Work Permit Extension Application Faxed

17/01/2008 Work Permit Extension Application Posted to Croydon

21/01/2008 Work Permit Extension Application Posted to Sheffield

09/02/2008 Refusal Letter for First Work Permit Extension Application

18/02/2008 Second Work Permit Extension Application Posted

12/03/2008 Refusal Letter for Second Work Permit Extension Application

 

Thank you for taking out the time to read this, and any advice or help that you can give would be great fully received.

 

Regards,

 

***

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