How does the new immigration stuff effect current workers?

ubersonic

ubersonic

ubersonic

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Ok ill try and be quick about this, hope ive posted in the right place, we have a worker form the Philippines who came here on a 5 years visa, under the law he can't apply for permanent residence until hes been here for 5 years, so this means he has to wait till the end of his visa and return home then apply to come back as a permanent citizen. Anyone reading what ive just wrote will instantly realise what a poor system that is but that's not my focus here, the government are putting new immigration stuff in force and im wondering is the a chance he might not be allowed back in? if so is the any way to appeal that?

Im not sure if its relevant but its a highly skilled worker were talking about and the is nobody in the UK who can replace him.
 
The new changes shouldn't affect him at all, but '5 years visa' doesn't really make sense within the context of the immigration rules. Is he sponsored (work permit/tier 2), or is he on the highly skilled path (HSMP/Tier 1 General?).

You certainly do not need to return home to apply for settlement (indefinite leave to remain/ILR) after 5 years on one of the above.
 
Castiel said:
What does he do that NO-ONE in the UK or the entire EU population of 500 million can either do or be trained to do?
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Specialist translation or similar is about the only thing I can think of... Or something requiring exceptional cultural knowledge, or something like that.
 
neil3k said:
I doubt that there is nobody in the UK that can replace him
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Well the is, if they fancy moving hundreds of miles to an area where they get less money for doing the same job.


[FnG]magnolia;18046194 said:
This is the last place you should be looking for current and non-discriminatory advice.
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I'm kinda noticing that very quickly


Orcish-Horde said:
In the 5 years no one thought of training a local to replace him once his visa ran out, now a business is faced with an employee shortage. :p
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Yes, I thought of paying thousands of pounds to have an apprentice spend years learning to do the job and then have him move to a city for more money, then I realised it was a stupid idea.


Russinating said:
Fixed, perchance? :p
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Nope, not even close, unless you consider more than triple the minimum wage to be underpaid for the work? it would be a lot higher in a major city ill admit.


Castiel said:
What does he do that NO-ONE in the UK or the entire EU population of 500 million can either do or be trained to do?
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He is a high level air conditioning engineer, actually he is technically a professor of engineering but hes doing the job of a high level air conditioning engineer. Im not talking fix your office A/C here im talking design/maintain/fix the A/C, Chillers, etc in a country office, university, research laboratory, etc.

We advertised for two years to find somebody to do the job and nobody replied, they don't like to leave cities as the is megabucks there and as this country has a major shortage of qualified engineers (prob due to more people doing degrees in media studies, go figure) they are in short supply (the are not enough in the UK to handle the maintenance of existing systems let alone installation of new ones and decommissioning of old ones).


drizzy said:
The new changes shouldn't affect him at all, but '5 years visa' doesn't really make sense within the context of the immigration rules. Is he sponsored (work permit/tier 2), or is he on the highly skilled path (HSMP/Tier 1 General?).

You certainly do not need to return home to apply for settlement (indefinite leave to remain/ILR) after 5 years on one of the above.
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TYVM for a useful answer, Im almost certain were sponsoring him, we advertised for two years in a vain attempt to find somebody within 100 miles who could do the job and nothing, then perchance a friend who works at a hospital got chatting to his sister who is a nurse there and we struck lucky as he was working in Saudi Arabia and wanted to escape the weather (desert sand storms are worse than UK rainstorms apparently).
 
Not answering your question, but as drizzy says, he doesn't need to return home to apply to indefinite leave to remain and British citizenship after that. Based on parents' personal experience 5 years ago.
 
ubersonic said:
He is a high level air conditioning engineer, actually he is technically a professor of engineering but hes doing the job of a high level air conditioning engineer. Im not talking fix your office A/C here im talking design/maintain/fix the A/C, Chillers, etc in a country office, university, research laboratory, etc.

We advertised for two years to find somebody to do the job and nobody replied, they don't like to leave cities as the is megabucks there and as this country has a major shortage of qualified engineers (prob due to more people doing degrees in media studies, go figure) they are in short supply (the are not enough in the UK to handle the maintenance of existing systems let alone installation of new ones and decommissioning of old ones).
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So in other words, you just don't want to pay the rates so you import cheap labour from the Philippines.

You have the entire pool of the EU to choose from, yet you hire a Filipino professor whose Phd qualifications obviously are not good enough outside his native country and whose engineering experience/qualifications aren't good enough for your higher paying competitors.

I find it difficult to believe that HVAC engineers vary so widely depending on application of the A/C.

I highly doubt that he is irreplaceable at all, and the real reason is that he is cheap. Not that there is anything wrong with that, just annoys me when it's dressed up as something else.
 
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Castiel said:
So in other words, you just don't want to pay the rates so you import cheap labour from the Philippines.

You have the entire pool of the EU to choose from, yet you hire a Filipino professor whose Phd qualifications obviously are not good enough outside his native country and whose engineering experience/qualifications aren't good enough for your higher paying competitors.

I find it difficult to believe that HVAC engineers vary so widely depending on application of the A/C.

I highly doubt that he is irreplaceable at all, and the real reason is that he is cheap. Not that there is anything wrong with that, just annoys me when it's dressed up as something else.
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I think you may have touched on something there. ;)
 
Castiel said:
So in other words, you just don't want to pay the rates so you import cheap labour from the Philippines.

You have the entire pool of the EU to choose from, yet you hire a Filipino professor whose Phd qualifications obviously are not good enough outside his native country and whose engineering experience/qualifications aren't good enough for your higher paying competitors.

I find it difficult to believe that HVAC engineers vary so widely depending on application of the A/C.

I highly doubt that he is irreplaceable at all, and the real reason is that he is cheap. Not that there is anything wrong with that, just annoys me when it's dressed up as something else.
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Oh god.

I cannot pay the rates because they do not exist because the are no engineers in this area that can do the job, understand now? Its not that his qualifications are not good enough for our competitors its just that quite frankly we don't have any round here that can do the specialist work we do and he wanted to move to the UK countryside not a big ugly pollution ridden city (no offence meant to any city dwellers reading)

The engineers are in the city because they get more money there, in order to convince them to move house and come out in the sticks I would need to be paying a lot more than they get there, and that would put my prices so high that the customers wouldn't just wouldn't bother having the maintenance done as the work would cost more than the fine. And yes county councils and big corporations do do this /shock.

I do not have the entire EU to choose from because in order to do the job in the UK you have to have the required by law qualifications and certification and they do not have that, it was just blind luck that the person from the Philippines did have the UK qualifications as thy were required by some of the companies he did work for in Saudi.

You may find it hard to believe that the engineers vary that much but its true, would you send a domestic gas engineer who installs boilers in houses to work on the boilers in a school? (it would be illegal unless he is also a commercial engineer in which case he wouldn't be bothering with domestics for less money and more hassle). Likewise you cant send somebody who fixes office a/c units the size of a pool table to go fix the chillers in one of Uniliver's laboratorys.

He is pretty much irreplaceable for reasons outlined above, this country does not have enough engineers to do the work, and the ones we do have are worth more than stardust. He is not cheap he is earning just as much as my other engineers which is also a lot more than the UK average wage please don't try and make out im exploiting the guy.
 
The rules for indefinite leave to remain says you can apply 1 month before the 5 year qualifying period. Best bet is to pay up the 1200 bucks and go to a PEO and do it on the spot....

Other than that, apply for another work permit to commence once the current one ends, and once he hits 4 years 11 months, send in the ILR application......

Ignore the xenophobes.... typical DM readers
 
ubersonic said:
Oh god.

I cannot pay the rates because they do not exist because the are no engineers in this area that can do the job, understand now? Its not that his qualifications are not good enough for our competitors its just that quite frankly we don't have any round here that can do the specialist work we do and he wanted to move to the UK countryside not a big ugly pollution ridden city (no offence meant to any city dwellers reading)

The engineers are in the city because they get more money there, in order to convince them to move house and come out in the sticks I would need to be paying a lot more than they get there, and that would put my prices so high that the customers wouldn't just wouldn't bother having the maintenance done as the work would cost more than the fine. And yes county councils and big corporations do do this /shock.

I do not have the entire EU to choose from because in order to do the job in the UK you have to have the required by law qualifications and certification and they do not have that, it was just blind luck that the person from the Philippines did have the UK qualifications as thy were required by some of the companies he did work for in Saudi.

You may find it hard to believe that the engineers vary that much but its true, would you send a domestic gas engineer who installs boilers in houses to work on the boilers in a school? (it would be illegal unless he is also a commercial engineer in which case he wouldn't be bothering with domestics for less money and more hassle). Likewise you cant send somebody who fixes office a/c units the size of a pool table to go fix the chillers in one of Uniliver's laboratorys.

He is pretty much irreplaceable for reasons outlined above, this country does not have enough engineers to do the work, and the ones we do have are worth more than stardust. He is not cheap he is earning just as much as my other engineers which is also a lot more than the UK average wage please don't try and make out im exploiting the guy.
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I simply do not believe that. My brother runs a research and development company which is based outside of any large city and he doesn't agree with you either. In fact many of the R&D, Pharma, and BioTech companies that would require such experienced engineers are not normally located within large cities anyway. Unilever (who you referenced) for example have their R&D centre in Sharnbrook a small village 10 miles outside Bedford. Hardly a big ugly pollution riddled location.

It appears that the HVAC requirements are the same in ALL EU member states and the USA and while this country arguably doesn't have enough engineers, sourcing a qualified HVAC engineer with relevant experience from the EU doesn't seem that difficult even with a quick google.

http://www.people4business.com/seller-327589.htm

Your company simply doesn't want to pay the required rates so imports cheaper labour from elsewhere and the reason no-one applied in two years was in all probability exactly that reason. Like I said there is nothing wrong in doing this, just don't pretend that he is irreplaceable due to his qualification or a lack of HVAC engineers in the entire EU but that you cannot afford the rates of those that are available.
 
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