I’ve been asked a fair amount recently what my plans are for the future, specifically what my plans are for December 29th and beyond. The short answer to this is, “I haven’t got a clue.” While a slightly longer answer is, “It depends on several things that are currently out of my control.”
For those of you who might not be aware, my current situation is this. I’m currently living and working in the UK on a 6-month non-extendable work permit provided under the “BUNAC Scheme”. The permit, provided to full time students and recent graduates, allowed me to enter the UK without a job, seek employment, and work legally for up to 6 month from the date that I arrived. Not only am I allowed to limited to working for up to 6 months from the day I arrived, I’m legally required to exit the country at the end of the 6 months as well.
I arrived in the UK on June 29th, and therefore my current work permit and right to remain in the UK expires on December 29th. My departure flight is already booked for December 28th at 12:05pm.
However, there are several reason I don’t particular want to return to the US permanently at the moment. Not the least of which include that I don’t have a job there to return to, and this isn’t the best time to be seeking work. Without having a job to return to, I’d need to decide where I’d return to live and ’start again’. Bloomington would be an obvious choice, considering that I own my house there and have friends as well, but that seems like a poor decision. It would likely be a choice made for ’short term convenience’ that would stretch into a long term crutch.
There are several other reasons I don’t want to leave the UK at the moment. I have a job that I very much enjoy, although I do frequently get frustrated at portly external business partners. I have faith that this company will continue to grow and expand, and I like the feeling that I can help it along the way. I have been able to apply many things that I learned in my Master’s courses, and have been encouraged to experiment with new technologies. I’m also in a relationship with a great guy that continues to delight, amuse, and amaze me the more I get to know him, and I’d prefer not to end this relationship due to pesky government intervention. Lastly, there are thousands of parts of this country and culture that I’ve yet to explore, and I look forward to have the time and flexibility to do so.
So, back to the original question, “What is my plan beyond December 29th?’
Well, with the hope of being able to stay (or return) to the UK, I need receive a new work permit beyond the one that I currently have. There seem to be 2 avenues open to me, and neither are a sure thing.
Tier 2 - Sponsorship.
For my current company to sponsor me, which they are wanting to do, there is a convoluted process that must be followed. This process is more complex than in previous years, due to recent changes with the UK Home Office & Border Agency. For my company to sponsor me, they must first apply to the Home Office for the right to sponsor any foreign employees. The paperwork involved with this includes providing several years worth of company documents, extensive verification that the company has never employees a illegal immigrant, compliance with rigorous Human Resource procedures as well as data protection and privacy policies, and on and on. There also is a requirement of an on-site inspection from the Home Office to verify the business is legitimate and not a sham of some sort.
My company has submitted all of the paperwork to get this process started, and are waiting to hear back for the next step. I’m growing slightly concerned about the delays though, because my current permit does expire in about 42 days, although I suspect we’ll see progress soon.
After my company gets approval to sponsor a foreign employee, then there is a requirement of posting my position to see if there are any British or EU citizens that can fill the position. I’m not particular concerned about this test though. I have a rather unique collection of skills with my Master’s in Information Architecture, programming skills, knowledge of VoIP and SIP systems, as well as the certainly unique skill that I have developed much of the current system from scratch.
I’m not precisely clear on the next part of the process after the ‘local labour market test’, however it seems that at this point there are no hurdles and it is all just paperwork that will be cleared up rather quickly.
As I mentioned though, this isn’t a sure thing. There are several reason that the Home Office could deny either step in the process, and only time will tell how it turns out.
If this fails, there is a 2nd option that I will be able to explore:
Tier 1 - Highly Skill Migrant Program (HSMP)
While being sponsored by the company under the Tier 2 relies on the company to complete the paperwork and pay the fees, Tier 1 leaves the entire process to me, and will need to be submitted from outside of the UK.
HSMP is a points based system that gives an individual points based on education, previous earnings, age (being younger gives you more points), and previous UK work experience.
A person needs to have 75 pts to qualify, and if they do they will be granted a 3-year work permit that is eligible for extension. I’m right on the borderline for qualifying for this, and much of it depends on the date used to convert my US earnings into British Pounds, and if my UK work experience will meet the minimum threshold.
If sponsorship fails, I will return to Bloomington at the end of December, and start the process of applying for the HSMP permit. I’d likely continue working for the company remotely while we see how this tact ends up.
If both Sponsorship and HSMP fail.. hmm.. I then need to decide lots of things for the near term future that I have avoided considering (in an effort to remain optimistic).
It’s my hope and expectation that I’ll have more information on some of these things within the next 2 weeks.