Work permit clarifications

I am tearing my hair out and have myself all in a worry.

I am currently on work permit and my 5 year mark will be next year.  I wanted to make sure I had all my ducks in a row for ILR but I am a bit confused by some of the rules.  I have been reviewing the IDIs, but to be honest I am not sure where I should really be looking!!

My first concern is regarding absences.  From the Annex F IDI, I understand that I need 5 years of continuous employment.  I am ok with that.  Section 3 says that short absences such as holiday in line with annual leave limits and business trips are ok and do not break continuous employment.  I typically spend around 4 weeks per year out of the UK for holiday.  I also spent just under 3 months in one of my employer's US offices last year.  Would these absences be deemed acceptable?  Is there a total number of days you cannot exceed even if they are just holidays and business trips?  As my 3 month trip is lengthy, is this cause for concern or since it was directed by my employer is it acceptable?

Please if there is just an easy reference that I am missing, I am happy to read through it. 

Also, my (limited) understanding is that my role needs to be in line with what is in my work permit application.  This may seem like a very stupid question but as I will get promoted within my organisation, my responsibilities will presumably change.  Is that enough to be a concern for my work permit?  Does my employer need to provide updates?  Also, I have been asked by my employer to consider an internal transfer.  I would be in the same overall department but my specialty would potentially change.  Again is that a concern or do I just need to see my work permit application details?  I obviously will not consider the transfer if it will jeopardise my status, but I just am not sure how to check. 

I am trying to speak to someone in HR who can also provide assistance, but all my old contacts have left since I have been with this employer so getting a quick answer from them has been really difficult.  In the meantime, I am so nervous that I really just need some peace of mind.

As always, thank you so much for your help.  I am a daily lurker but I am usually too nervous to post.

i'm not sure about your employer, but it's worth checking if they will do the ILR for you.  Many large multinationals automatically do it; our employer did all of the paperwork and just took our passports for a bit, returning them with ILR stamp. 

I agree, if your employer had a solicitor make the application for you then they should answer the questions.

Otherwise...

You can only be absent for 6 months in the 5 year period.  You *may* be able to argue for work absences, but there are no guarantees.

If there is a material change in your work description, then you may need a new permit, or you may just need to notify the Home Office, or you may need to ask for a change of conditions.  It will depend on what the changes are.

Vicky

Oh goodness.  I suppose I was worried for good reason.

Vicky - I am confused though.  Why does the guidance say that annual leave/holiday absences and business trips are acceptable, if the limit is a strict 6 months?  I have just counted up my absences and I would have gone over 6 months even if I discount that one longer trip.

I will try to speak to the solicitor though.  Thanks.   :\\\'(

ETA:  Also, if these rules have been amended since my work permit was first issued, in fact the one trip that is really messing me up was before these rules as well, is there any chance I can be grandfathered in with the old rules?

Vicky didn't mean to imply that the rule was cast in iron at 6 months.  They do not even have a metric to measure what 6 months actually is.   

But rather they may exercise discretion to a certain extent (unlike nationality), and they would be more apt to do so if the absenses were caused by job mobility. 

Vicky's emphasis on the word *may* addesses the nature of discretion.  Discretion is just that.  They don't have to do it if they don't want to, and you can't appeal a decision that is in the discretionary zone.

Edit:  I stepped on your edit, so I'll edit to answer your edit:  No.  Not without a JR.

Vicky's emphasis on the word *may* addesses the nature of discretion.  Discretion is just that.  They don't have to do it if they don't want to, and you can't appeal a decision that is in the discretionary zone.

Thanks for the clarification.  I have not really heard stories of HO being generous or giving someone the benefit of the doubt (sweeping generalisation), so I sort of took the *may* with a grain of salt.  Indeed I thought the fact Vicky had asterick was a subtle way of saying not a chance in hell! 

It is indeed a large risk because obviously if I am denied, it is a lot of money to lose.  I was just really trying to get a better feel for the situation and I am not sure I feel any more reassured!!     Just the thought of having to wait until 2010 or 2011 for ILR makes me a bit ill.

Anyway, that you for all the advice.

I am not totally in agreement with you.

If they start jerking people around on job mobility factors, they are creating a bad view with respect to our economic migrants.  It's a plain fact that not EVERYTHING in the world happens inside the British Isles, and highly skilled people have to travel.  If this is constrained artificially, the programme will not work. 

And the economic migrant programme is a cornerstone of our national well-being.

What that amounts to is that they are vulnerable to criticism that they peeing in the well.

Thanks Garry.  I appreciate your insight.

Thanks for the clarification.  I have not really heard stories of HO being generous or giving someone the benefit of the doubt (sweeping generalisation), so I sort of took the *may* with a grain of salt.  Indeed I thought the fact Vicky had asterick was a subtle way of saying not a chance in hell! 

Always a chance.  But I think it is one of those things that will depend on the strength of your argument and the person who is caseworking it.

Vicky

Always a chance.  But I think it is one of those things that will depend on the strength of your argument and the person who is caseworking it.

Vicky

I am not sure how my argument can be "strong."  I have taken normal holidays and one large business trip.  My company asked me to go and I did.  It is just that, they wanted me to go.  Any ideas on how to make that stronger or what would be weaker?  I am not being pedantic, just a bit nervous.

(And it is well the case, that I will be taking more business trips starting in within the month, but none that long).

I do have some ideas on how to make the argument stronger.  If you would like my profesisonal assistance with this, please let me know.


Vicky