TNAG-1205-FCO40-1507-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1982 — Page 49

UK IMMIGRATION RULES AND PROCEDURE

1.

Work Permits. Permits for aliens to work in UK are the

responsibility of the Department of Employment. The DOE issue

such permits in appropriate cases for periods up to 12 months.

The DoE impose a period of less than 12 months on permits even

though they know at the outset that the period of the person's

employment is to be longer, say 2 or 3 years. The holder's stay

is limited on arrival by the Immigration Officer to the stated

period.

2.

3.

But

Before the expiry of the granted period of stay the person

can apply to the Home Office for an extension. The Home Office

refer the application to the DoE. If the DOE object to the

extension on the grounds that the person's continued employment

is not warranted, the Home Office refuse the application.

The person can appeal against the Home Office refusal.

In the first instance this would be to an independent

adjudicator, with a right of a further appeal to a 3-man

tribunal. The appellant can attend and be represented.

at the hearing the Home Office can simply give as their reason

for refusing an extension of stay the DoE's decision against

continued employment. The person has no right of appeal under

Home Office Immigration Rules against the DOE's decision. It

is possible for an appellant to base his appeal for an extension

of stay on grounds other than continued employment. Each such

case is judged by the Home Office on its merits.

their

/4.