WP Problem

[Wanderer]

This is for a friend at work - help pls!

He has a valid WP expires way in the future not sure when. His FLR expired 16th Dec and this employer only sent the passport off yesterday.

Issues:

1. He has a flight booked home to India on 28th

2. Whose responsibility is FLR on a WP?

3. He has HSMP approved letter saying approval expires on 6th Feb 2008. Can he recover his passport and get FLR based on HSMP at a PEO or sth before 28th?

Anyway other ways out of this mess?

[hsmpwpilr]

It's gonna be very difficult due to christmas holidays.

[PaperPusher]

2. Whose responsibility is FLR on a WP?

The individual:

197. Individuals should normally submit their FLR applications as soon as possible following notification that the work permit application has been approved and in any event before their current leave expires or within six months of the date of approval of the work permit, whichever is sooner.

198. It is the individual’s responsibility to complete the form and pay the appropriate fee. However, there is no barrier preventing you, the employer, paying the fee to cover the cost of the FLR application and helping them complete the application form.

From the WP guidance, it should have said something similar on the letter. The bold and underlined section is their emphasis in the guidance by the way.

No other advice about a way round the problem apart from the employer could apply again for a WP for the person to use abroad if the person doesn't have a WP/HSMP approval letter to use abroad. They could then get their entry clearance abroad.

There are only 4 more working days before the 28th!!! Three if you don't count Christmas Eve.

Good luck to your friend.

Regards

[Wanderer]

Thanks for the help guys

Thing is, I know he's cocked up, he's a bit timid and won't cause a fuss, but this will reset his ILR clock won't it? That's if he isn't barred totally as he is now an overstayer.

All the other WP/HSMP guys are telling not to worry, few days is ok with HO and I'm telling them not now it's not....

[PaperPusher]

Even if hewants to withdraw the application to travel, the passport, if one has been sent, will probably need to be collected. Back to the 3 or 4 working days problem.

The BIA may not even have the application yet anyway because of the Christmas post.

It may reset the clock, it appears to be an out of time application for LTR, even if it is only a few days, I'm not an expert on this though.

Your friend seems a bit stuck. What have his employers got to say about their part in the mess? Have they had the application for long?

[Wanderer]

Even if hewants to withdraw the application to travel, the passport, if one has been sent, will probably need to be collected. Back to the 3 or 4 working days problem.

The BIA may not even have the application yet anyway because of the Christmas post.

It may reset the clock, it appears to be an out of time application for LTR, even if it is only a few days, I'm not an expert on this though.

Your friend seems a bit stuck. What have his employers got to say about their part in the mess? Have they had the application for long?

Yes, they've had it for ages. No excuses tho - it's my mates responsibility as u say to secure his FLR.

His employers are a large Indian company with UK office based in Reading, too big to care I think.

We've always panicked and ensured our visa apps have been timely leaving nothing to risk or chance. I can't understand how people can be so blase about it or say they 'forgot' especially when ILR is the goal.

[VictoriaS]

It is the responsibility of the individual, but if the employers had the passport and did not give him the work permit approval letter, then they are culpable.

Victoria