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[ataraxia]

I've been offered a 5-year contract at a major UK university. The problem is I have not yet been approved for a work permit, and the school year here in North America (where I currently teach) is about to begin. I am in a bind: if I resign from my current job and then don't receive a work permit, I am in big trouble. But if I don't resign until I receive my work permit, I risk screwing over the university at which I am currently hired, since they will have to find someone to teach my courses on very short notice.

What I am wondering: how rare are work permit denials in the UK for foreign academics (Canadian citizen with PhD from strong US university)? The job for which I was hired was advertised in the main UK venue, and I was (I'm told) the unanimous choice of the search committee.

thanks for any advice!

ataraxia

[drspouse]

Unless you have something major and criminal in your background (and they would probably have checked that at interview) I would have thought your work permit was a cert. Especially as a Commonwealth citizen. You can even vote in UK elections (though not EU).  Can you come over initially under one of the grandparent rules? I have an Australian colleague who has done that as it's simpler, rather than getting a work permit.

If you were currently working at a UK institution, I'd worry that leaving it too late to resign would mean you'd miss your notice period (typically 3-6 months). But if you have a shorter notice period, it is your current employer's problem finding a replacement. If they don't realise it will take longer than your notice period to find someone new, they should rewrite their contracts. If tit won't, then neither you nor they have anything to worry about.

(Caveat - I'm a dual national so have never had to get a work permit. But I've never heard of a non-EU colleague being refused, and I have several).

[science_expat]

Unless you have some type of criminal past, I'd be extremely surprised if your work permit was refused.

The university has to demonstrate that they couldn't find a better qualified EU citizen but the hiring process itself should fulfill this requirement.

FWIW, I came over years ago on a work permit.

[doctorhu]

FWIW, the majority of new faculty in my department are on work permits. None of us had any problem. 

Isn't it possible to get a UK work permit in one day if you are willing to go to the embassy in person and pay a higher fee?

[brummagem]

Isn't it possible to get a UK work permit in one day if you are willing to go to the embassy in person and pay a higher fee?

Once you're here, you can pay £550 instead of £350 to get the Further Leave to Remain form processed in person, but the work permit itself is handled by the employer/university.

I'm also currently experiencing work permit anxiety, as the Home Office needs to approve my change of employment. No matter how many times I hear 'don't worry', the language of immigration rules leaves room for doubt. (Please do keep the 'don't worry' stories coming though!)

[science_expat]

The problem with the "don't worry" posts is that we're not a representative sample. The expats on this thread either i) were successful in obtaining work permits or ii) need didn't them.

[darek]

Hi there,

You could check the PBS (Points Based System) Tier 1 for General Migrants. This scheme replaced the HSMP (Highly Skilled Migrants Programme) and you do not need a job offer to qualify. The major difference between Tier 1 (General) Migrant and HSMP is that you will no longer need to make two applications - one for your approval letter and one for your visa. The two stages will be combined at the visa section of the British mission in your country. So, current processing times is about two weeks (mail applications in the US).
 Points are awarded for what are called "Attributes", for which you need to score a minimum of 75 points. These comprise:

Age;
Qualifications;
Previous earnings and
UK experience.
Separate points are given for English language ability and the availability of funds for maintenance. You must demonstrate that you have the level of English prescribed in the Immigration Rules and produce evidence of the required funds in addition to reaching the pass mark for the Attributes. Entry Clearance Officers will only award points for the sections for which you have indicated that you wish to claim and for which you have supplied the required supporting evidence.
You can access a Self-Assessment points calculator in order to see whether you have enough points to make a successful application. Find out more on the following websites:
www.ukvisas.gov.uk
www.britaininusa.com
http://www.ukba.homeoffice.gov.uk/workingintheuk/

Good Luck!!

[mingus]

But if I don't resign until I receive my work permit, I risk screwing over the university at which I am currently hired, since they will have to find someone to teach my courses on very short notice.

Why not have an honest chat with the boss and give him/her enough advance warning to have a Plan B?

[mingus]

FWIW, the majority of new faculty in my department are on work permits. None of us had any problem. 

Isn't it possible to get a UK work permit in one day if you are willing to go to the embassy in person and pay a higher fee?

I believe not.  The university has to get the work permit and mail it to you.  You then need to go to the embassy to get an entry clearance.

[mingus]

Hi there,

You could check the PBS (Points Based System) Tier 1 for General Migrants. This scheme replaced the HSMP (Highly Skilled Migrants Programme) and you do not need a job offer to qualify. The major difference between Tier 1 (General) Migrant and HSMP is that you will no longer need to make two applications - one for your approval letter and one for your visa. The two stages will be combined at the visa section of the British mission in your country. So, current processing times is about two weeks (mail applications in the US).
 Points are awarded for what are called "Attributes", for which you need to score a minimum of 75 points. These comprise:

Age;
Qualifications;
Previous earnings and
UK experience.
Separate points are given for English language ability and the availability of funds for maintenance. You must demonstrate that you have the level of English prescribed in the Immigration Rules and produce evidence of the required funds in addition to reaching the pass mark for the Attributes. Entry Clearance Officers will only award points for the sections for which you have indicated that you wish to claim and for which you have supplied the required supporting evidence.
You can access a Self-Assessment points calculator in order to see whether you have enough points to make a successful application. Find out more on the following websites:
www.ukvisas.gov.uk
www.britaininusa.com
http://www.ukba.homeoffice.gov.uk/workingintheuk/

Good Luck!!

As I understand it, he would not be able to get in on this scheme until Nov this year; right now, if he is employer-sponsored, then he needs to go through the old work-permit route.

[ataraxia]

>Why not have an honest chat with the boss and give him/her enough advance warning to >have a Plan B?

I have had such a chat, months ago, and the problem is that we are now in a situation in which Plan B needs to be invoked. Classes start in less than a month, which means that even if I resign immediately there is little time to hire a replacement.

[mingus]

>Why not have an honest chat with the boss and give him/her enough advance warning to >have a Plan B?

I have had such a chat, months ago, and the problem is that we are now in a situation in which Plan B needs to be invoked. Classes start in less than a month, which means that even if I resign immediately there is little time to hire a replacement.

If the boss had sufficient warning, why is it your problem?  If your contract allows you to leave at short notice, the, as has already been pointed out, the problem is how the university draws up its contract.  Chats with the boss are just about being nice.