Work Permit processing times and FLR questions

[OttoMattik]

Hi all, my first post here, though have been reading the boards on and off for a while.

Just wanted to get some opinions on my case from some experienced/qualified members

1. Came over in 2002 on a student visa, to do my undergraduate degree and graduated in 2006 (4 year sandwich course)
2. Switched to SEGS at the end of my degree, and before starting permanent employment (Visa expires 20th Sep 2007)
3. Work permit(WP1) application made by employer on the 28th August 2007. (Website states 1-2 weeks processing time for *MOST* cases, so hoping it will be resolved before then)
3. As far as I can understand, I then need to apply for FLR (IED), once I get my WP Letter of Permission back.

A few questions:

1. If my visa expires before the application is returned or the B&IA needs more details, can I still stay in the country (I'm assuming no as it is not a visa application??)
2. Can I apply for FLR(IED), even though I don't have the WP Letter of Permission as yet, Via post, and send that to the HO once I receive it ?
3. If I continue to stay in the country after my current visa expires, and before the next one is granted... will that count as overstaying illegaly, even though I have made an FLR Application.

Hopefully, everything goes well and I hear back from the BIA by the end of next week, giving me some time to get the visa stamped in person at the Croydon PEO.

Also, once I get my WP Letter of Permission, if I make a postal application which will reach the Home Office just before my current visa expires... that doesn't count as illegal overstaying ? Will this affect my case when I apply for ILR in the future (i.e. are they going to look at my case more favourably if I have the new visa stamped before the current one expires)

Thanks in advance to anyone who can help, and any advice would be much appreciated

[Vravi2007]

looking into previous posts from victoria, immigration consultant, if visa expires the stay will be illegal. if visa expires go back to the country and once wp is granted apply for FLR from ur home country. all thebest. god bless

[magsi23]

WP aproval letter does not mean extension of your leave to remain automacaly, so you would need to apply for FLR before your current SEGS expires. and NO you cant apply for FLR before you get the decsion on your WP since the FLR would be based on WP outcome.

So i suggest you apply in person, if you receive WP aproval letter before your current SEGS expire, or else leave the country and once you receive WP aprovale letter apply for Leave to remain in your home country

[VictoriaS]

Otto, you seem to have got this situation absolutely right!

In response:

1. If my visa expires before the application is returned or the B&IA needs more details, can I still stay in the country (I'm assuming no as it is not a visa application??)

You are right, you must apply for a new visa or leave the UK on or before the expiry date of your current visa.

2. Can I apply for FLR(IED), even though I don't have the WP Letter of Permission as yet, Via post, and send that to the HO once I receive it ?

Yes. We do this a lot! Make the FLR application, put a letter in stating that you are awaiting the outcome of the work permit application, and they should hold off on the decision until the WP has been issued.

3. If I continue to stay in the country after my current visa expires, and before the next one is granted... will that count as overstaying illegaly, even though I have made an FLR Application.

Not if you have made the FLR application. Once you make this, you are okay.

Victoria

[OttoMattik]

Thanks all, for the quick response

Puts my mind at some rest. Now to get my FLR application prepared and sent off (as soon as I get copies of my bank statements etc).

Will update the thread once I hear back, hopefully with good news