What Options i have..?

gr11 · Post by **gr11** » Thu Aug 30, 2007 11:21 pm

Hi.
My employer is going to apply for my work permit (i guess late next week). After that i will have exctly 4 week before my Visa run out,
I am wondering what should i do if HO doesnt reply in time. I have spoken to a solicitor and he says I have got enough time..???(

)
He also think if HO grant me WP then you shouldnt have time problem BUT if HO asked for more information from the employer then it could delaly my application.

NOTE: Currently i am on SEGS leave. Solicitor thinks it would be better if I swtich to student if there is any delay from HO decission becasue i cannot extend my current leave. This way I can stay as student while my application is with HO.

I am thinking to go bk to my country before my current leave finish and wait for my decision. (not recommended by solicitor)

Can any could suggest what would i do if HO dosent reply in time..?

gr11

Vravi2007 · Post by **Vravi2007** » Fri Aug 31, 2007 8:04 am

based on my experience and what i am told by my solicitor is if you have applied for workpermit before your leave expires then you have right to stay until the decision of your application is made. once the decision is made then the question of staying or leaving arises. until then you are absolutely fine. Hope this helps. Godbless.

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 1:13 pm

This is no longer true. Having applied for a work permit does not constitute an extension of leave.

Victoria

gr11 · Post by **gr11** » Fri Aug 31, 2007 1:34 pm

hmm.

two members and opposite replys.

i am quite confused now..

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 2:18 pm

The work permit application form is a WP1 which is an immigration employment document, and is therefore not a visa application - unlike, for example, the FLR (HSMP), which is a visa application.

Once you have the work permit approved, you then have to send off your passport to get the visa - this shows that the actual work permit application cannot be a visa application in itself.

If you apply for the work permit and then let your leave lapse, then even if the work permit is approved they may well refuse you leave to remain, as your current leave will have lapsed.

Simple test - if you send your passport, it's a visa application. If you don't, it isn't.

It was the case, many years ago, that the work permit application was indeed conferring a right to stay until the application was considered, but it hasn't been the case for several years now.

Victoria (qualified and practiced in immigration law)

Docterror · Post by **Docterror** » Fri Aug 31, 2007 2:22 pm

Granting of a WP (Work Permit) does not constitute extension of stay. If your WP comes through before your visa expires, fine. If not , I suggest you make a postal application with the FLR(IED) with all the documents except the WP and then wait for the WP so that you will not become an overstayer.

But make no mistake about it. Just applying for WP does not stop you from becoming an overstayer, it is the FLR (Further Leave to Remain) application that does it.

Vravi2007 · Post by **Vravi2007** » Fri Aug 31, 2007 7:25 pm

it was wayback in 2003 when one of my friend employer applied for workpermit just one day before the expiry of his student visa and he got through both the workpermit and flr. based on that i put my comment but if victoria says a different view i will go with her because i know she is a qualified immigration consultant and i will stick to her opinion.

magsi23 · Post by **magsi23** » Fri Aug 31, 2007 9:21 pm

VictoriaS wrote:This is no longer true. Having applied for a work permit does not constitute an extension of leave.

Victoria

Exactly

magsi23 · Post by **magsi23** » Sun Sep 02, 2007 1:04 am

Docterror wrote:Granting of a WP (Work Permit) does not constitute extension of stay. If your WP comes through before your visa expires, fine. If not , I suggest you make a postal application with the FLR(IED) with all the documents except the WP and then wait for the WP so that you will not become an overstayer.

But make no mistake about it. Just applying for WP does not stop you from becoming an overstayer, it is the FLR (Further Leave to Remain) application that does it.

I disagree you wont get FLR without WP letter since FLR would be based on the outcome of WP application.

gr11 · Post by **gr11** » Sun Sep 02, 2007 9:36 pm

So what should i do..?

shall i send FLR(IED) if HO if i doesnt recivided any acknowledgement from HO. or just wait for decision on my WP.
what document i need to send with FLR(IED).
and
Its my responsibility to send FLR(IED) or my employer...?
how much it cost.?FLR(IED).?

gr11

Docterror · Post by **Docterror** » Sun Sep 02, 2007 10:08 pm

Your best bet is indeed sending the FLR(IED) 1 day before the visa expires, so that you will not become an over-stayer. It is your responsibilty and not your employer's. They are responsible only for the Work Permit and make sure they know and do exactly as necessary. Keep yourself on top of the matter.

FLR(IED) guidance and form can be found in this link.

Any better suggestions are welcome.

gr11 · Post by **gr11** » Sun Sep 02, 2007 11:49 pm

thanks all
I think now i can see some light at end of the tunnel..

It is amazing that how lot of people participate in forum and present their opinion ..

babeeta · Post by **babeeta** » Mon Sep 03, 2007 12:19 am

hi
I have got problem of similar nature..
I am an overseas student here I finished my graduation in June 06 and working since then. Now I am planning to take post graduation course in September 07 session (I am not sure if I would able to take admission in September as time is running quickly). My VISA ends in 4 weeks time

Other option is to take course in Feb 08.

Can I take admission in feb 08 course and send my case to HO. Would the above FLR(IED) remedy will work for me if HO doesnâ€™t reply me before my current leave expires. I just want to know if FLR(IED) is for ever one or just for WP applicants..

Thanks ..babeeta

Docterror · Post by **Docterror** » Mon Sep 03, 2007 12:58 am

babeeta, FLR(IED) is mainly for Work Permit holders and Student extensions do not fall under it at all. As far as I am aware, students should use FLR(S) which can be found in this link .

But this method would not work for you as student extensions should be made with a letter of enrolment from the university/college and is not the responsibility of the Home Office but rather is yours, while the issuing of the Work Permit to successful candidates falls under the Home Office's domain.

Will let other students/ex-student visa holders comment further.

gr11 · Post by **gr11** » Mon Sep 03, 2007 9:30 am

How much time I can buy from HO by sending FLR(IED). ?

If I go back to home country and wait for my WP decision, and in case my WP is successful so can i apply from my mome country..?

gr11

sakura · Post by **sakura** » Mon Sep 03, 2007 9:40 am

babeeta wrote:hi
I have got problem of similar nature..
I am an overseas student here I finished my graduation in June 06 and working since then. Now I am planning to take post graduation course in September 07 session (I am not sure if I would able to take admission in September as time is running quickly). My VISA ends in 4 weeks time

Other option is to take course in Feb 08.

Can I take admission in feb 08 course and send my case to HO. Would the above FLR(IED) remedy will work for me if HO doesnâ€™t reply me before my current leave expires. I just want to know if FLR(IED) is for ever one or just for WP applicants..

Thanks ..babeeta

Have you been accepted onto a course that starts in September?

Docterror · Post by **Docterror** » Mon Sep 03, 2007 10:21 am

gr11 wrote:How much time I can buy from HO by sending FLR(IED). ?

I don't know if there is a specific answer for that.

If I go back to home country and wait for my WP decision, and in case my WP is successful so can i apply from my mome country..?

Yes you can. The problem with that is whatever years you have accumulated for the 10 years towards the ILR under the Long Residence Category could get resetted as the continuity is broken. This is where another student visa could also be helpful.

If you think that the risk/expense with an in-country application is high, then going back home might be your best alternative.

babeeta · Post by **babeeta** » Mon Sep 03, 2007 11:08 am

sakura wrote[/quote]

babeeta · Post by **babeeta** » Mon Sep 03, 2007 11:20 am

sakura wrote

Have you been accepted onto a course that starts in September?

Yes , today i recived acknowledgement from my college that they are enrolling me in thier september course. classes will start in 3 weeks time. Its unconditonal offer rite now. i have to pay their fees to get full offer .

I have applied for feb 2008 course as well as a back-up strategy. does it sound wise or its is not necessary..

babeeta..

sakura · Post by **sakura** » Mon Sep 03, 2007 11:52 am

babeeta wrote:sakura wrote
Have you been accepted onto a course that starts in September?
Yes , today i recived acknowledgement from my college that they are enrolling me in thier september course. classes will start in 3 weeks time. Its unconditonal offer rite now. i have to pay their fees to get full offer .

I have applied for feb 2008 course as well as a back-up strategy. does it sound wise or its is not necessary..

babeeta..

Do you have sufficient funds for the course? Not only the fees but also living expenses for the full 12 months? You have to be quick with this if your visa expires soon.

If you choose the course in Feb and your visa runs out in September, there is little chance of the HO giving you FLR for 5 months for nothing. You won't be a student yet, so unless you apply for a work permit, HSMP or something, you'd have to return for the 5 months, meaning your stay in the UK is not continuous.

gr11 · Post by **gr11** » Mon Sep 03, 2007 11:54 am

Docterror wrote

This is where another student visa could also be helpful

Can i apply for WP and for a student VISA in parallel. ?? I mean is there any restrictions or objections from HO ....

gr11

VictoriaS · Post by **VictoriaS** » Mon Sep 03, 2007 3:31 pm

I don't see why not.

Victoria

VictoriaS · Post by **VictoriaS** » Mon Sep 03, 2007 3:32 pm

magsi23 wrote:
I disagree you wont get FLR without WP letter since FLR would be based on the outcome of WP application.

He didn't say that you would. But you can apply for FLR before the wp is approved, and then ask them to hold off on a decision until the decision is made on the WP. We do this all the time.

Victoria

babeeta · Post by **babeeta** » Mon Sep 03, 2007 4:16 pm

sakura wrote

If you choose the course in Feb and your visa runs out in September, there is little chance of the HO giving you FLR for 5 months for nothing

What you mean by FLR here
What if i apply student visa before my leave expires. In this way there there will be no break in my visa..

babeeta

Docterror · Post by **Docterror** » Mon Sep 03, 2007 7:43 pm

gr11 wrote:Can i apply for WP and for a student VISA in parallel. ?? I mean is there any restrictions or objections from HO ....

As far as I know, there are no restrictions or objections as such, but...

VictoriaS wrote:I don't see why not.

Wouldn't making parallel applications for WP and Student visa cast doubt on the genuineness of the intend of wanting to be a student? I hope it is not a problem, but I don't know for sure.

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What Options i have..?

What Options i have..?

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