Anti-Visa employment?

When my girlfriend accepted her current position, part of her agreement was that the company would apply for a working visa for her, but they have changed their mind half-way through. Nothing is in writing so we don't believe anything can be done.

Instead we now applying for a HSMP visa independently but her manager has employed a new member of staff on a temporary basis, with the possibility of him becoming permanent if she doesn't get the visa. He has said this directly to her in a meeting, which is how she found out.

I fear this may have some detrimental affect on her application as I am aware that the working visa would not have been granted as her manager has now proven that she is not the only person who can do her job and that she is replaceable. I do not know if the HSMP visa has the same clause in it.

Does anyone know if this could affect her application or whether her manager can actually do what he is doing?

Thanks for the reply... We are both in the UK. I am a UK citizen, but we have not been together long enough for us to claim as a couple/dependants.

She is currently running to an end on her Post Study Work Visa (expires in September).

HSMP stands for Highly Skilled Migrant Programme and is for people how have a proven track of being skilled in either Eductation or Employment.

http://www.globalvisas.com/uk_immigratio...


The bigger question for me is whether her manager employing someone else could cause problems.

I do not think you are in the UK, because if you were, then your girlfriend, assuming she is not British, and also that she is a "visa national", must now be working illegally.

There is, in the UK, no such thing as a "working visa". There IS however a "work permit", and this must be applied for and issued BEFORE employment can be taken up. After it has been issued (and it is the prospective employer who must make the application), then a visa may be issued in the country where your girlfriend currently is.

What does HSMP mean ?

EDIT: Obviously my information is a bit out of date !! It's now 12 years since I was last involved in visas.

I think you should consult with Global even further about her application, but it does seem to me that you should have your girlfriend's future plans fairly well thought out - and, of course, it must be her intention to remain in the "British Isles" !!

The big question for me is, "Do I want to work for a manager who treats me like this ?".