Urgent Help

[Mannymag2016]

Hello Everyone,

I am new to this forum and I really need urgent help. Some of my questions you may have already answered for other people I would really appreciate any answers, advice, tips and help.

I am a Philippines national and hold a valid passport from the Philippines. My job is a carer and I work for a care company where I am a live in carer I stay with client with severe disability helping.

On the 17th of March my company did an ECS check with Home Office and last week said that I was not allowed to work. Now I have no job and staying with a friend as I have no accoomodation. I have been paying tax and I have national insurance number but now not entitled to unemployment benefit or housing help.

I have a few more details to give you.

In 2009 I came to England on a student visa with a care company.


In 2012 after my student visa expired I stayed in England and found a solictor called Solicitor Name Removed by moderator from Stanmore. He applied me for a FLR[O], and in 2013 it was declined and he appealed. In October 2014 I received a final decision from the Home Office saying despite the appeal the FLR[O] was declined.


As the care agency I was working for had trouble finding a carer, I was hired in 2013 in May and my solictor then provided a letter stating I could work, and I was sent for training.

In December 2015 my solictor put in another FLR[O] and March 4th 2016 the application was returned by the Home Office due to lack of payment. As the application was incomplete the solictor returned the application with my bank details where there are sufficient funds - on March 15th 2016. The solicitor sent a letter to the Home Office saying the outstanding payment is now availble with my bank details making my application complete and to now consider my FLR[O].


Within days of this I said to the care company the FLR[O] had been submitted. Gave my case ID to Human resources for an ECS check and within a week the ECS check failed.


The care company then terminated my employment

I saw my solictor last Friday and he said acknowledgement of the submission of the lastest FLRO had not yet been received from the Home Office. Could this effect the ECS check? Also the Home Office not yet taken my money, it is still in my Bank.


The Solictor said to me the s3c immigration act has a time limit which has now expired. And the Solictor said to me I can work as long as a company does not ask the Home Office to check.

I am not sure my sollicitor is very good. Are there better services and solicitors to help me for work permit? can you give me the details?

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I have been looking into this and I have looked at the option of sponsorship to work. Now the care company do not ussually accept this route, but I am willing to pay for the sponsonship and the charges associated to it. Do you know of how this process would work for the care company to sponsor mer?


There is also this which I found called The Care Concession Act https://www.gov.uk/government/uploads/s ... ction2.pdf


Will this help in anyway?


There has got to be a way I can work again a.s.a.p.

Manny

[CR001]

When your student visa expired, how long did you wait before submitting the FLR(O)?

On what basis did you think you qualify for FLR(O)?

You are not allowed to work and should not have been working at all.

Do you qualify for a Tier 2 General visa?

[Mannymag2016]

The solicitor I went to put my first FLR[O] before my student visa expired. He said that was the onlyn option I had.

My sollicitor told me I could work under the first FLRO whilst it was processing...


How do I know if I qualify for a Tier 2 general visa?

Do you know of any companies that could help my situation?

[noajthan]

How do I know if I qualify for a Tier 2 general visa?

Do you know of any companies that could help my situation?

Mabuhay!

We won't offer recommendations here.

Suggest starting here: https://www.gov.uk/tier-2-general/overview

[CR001]

The solicitor I went to put my first FLR[O] before my student visa expired. He said that was the onlyn option I had.

My sollicitor told me I could work under the first FLRO whilst it was processing...


How do I know if I qualify for a Tier 2 general visa?

Do you know of any companies that could help my situation?

Your solicitor was wrong. If you had a Tier 4 visa and applied FLR(O), your existing Tier 4 visa conditions continue until a decision is made on the FLR(O). You will have a problem with citizenship if you get to that stage due to working when you were not permitted to, based on what you have stated.

On what basis did you or your solicitor submit an FLR(O) application? What is the reason you gave that you felt you qualified for this visa route?

[Mannymag2016]

Thank you very much for all your helps,

At the moment I am in the UK the information from government says applying from outside the UK
Is it the same process as applying outside the UK?

Could this be a question for a different area of the forum?

Do you know of any good visa advise companies?

[Mannymag2016]

Many thanks for your reply
I didn't see you replied

Basically before my student visa run out I went to my sollicitor to ask how can I continue to work in the UK
He then suggested an FLRO was the best route

I am not sure why he advised me to apply for FLRO but I trusted him.

[Mannymag2016]

Any suggestions

[noajthan]

Many thanks for your reply
I didn't see you replied

Basically before my student visa run out I went to my sollicitor to ask how can I continue to work in the UK
He then suggested an FLRO was the best route

I am not sure why he advised me to apply for FLRO but I trusted him.

Sounds like you are better off here kuya.

However, if you want an advisor we cannot recommend individuals/companies.

Look at Law Society website to find a lawyer; see OISC website for a licensed immigration advisor.

[Mannymag2016]

Ok I understand sorry knew to this forum,

Can I apply for sponsorship

[ohara]

Your solicitor appears to have given you bad advice and it would appear that you have been working illegally.

The Home Office publishes a list of all companies who hold Tier 2 and 5 sponsorship licences, you can see here: https://www.gov.uk/government/uploads/s ... onsors.pdf

There are plenty of care providers in there, and no doubt some which are local to you. If one of them is willing to sponsor you, then you can apply for a Tier 2 visa and work.

[CR001]

Your solicitor appears to have given you bad advice and it would appear that you have been working illegally.

The Home Office publishes a list of all companies who hold Tier 2 and 5 sponsorship licences, you can see here: https://www.gov.uk/government/uploads/s ... onsors.pdf

There are plenty of care providers in there, and no doubt some which are local to you. If one of them is willing to sponsor you, then you can apply for a Tier 2 visa and work.

Just to add to ohara's advice, if you find a sponsor, you will have to make the application from your home country as you currently do not have any leave to remain.

[Mannymag2016]

So I would have to leave country in order to apply for sponsorship?

Many thanks for all your helps.

Is there any way I could help get my second application for FLRO approved with the help of the care concession? Also is there any way to speed up the process for a response.

[Mannymag2016]

Hello everyone

Just to give you another update, I just had a look at my bank account this morning and it looks like the home office have taken my paiement for the FLRO application. Is this good news? Do you know what the waiting times are?

[Wanderer]

Hello everyone

Just to give you another update, I just had a look at my bank account this morning and it looks like the home office have taken my paiement for the FLRO application. Is this good news? Do you know what the waiting times are?

Doesn't mean anything really. UKVI will always take the money as they keep it win or lose......

[Mannymag2016]

Hello everyone

Just to give you another update, I just had a look at my bank account this morning and it looks like the home office have taken my paiement for the FLRO application. Is this good news? Do you know what the waiting times are?

Doesn't mean anything really. UKVI will always take the money as they keep it win or lose......

That's is disgusting, Is there any way I could help get my second application for FLRO approved...... Also is there any way to speed up the process for a response?

[Wanderer]

Hello everyone

Just to give you another update, I just had a look at my bank account this morning and it looks like the home office have taken my paiement for the FLRO application. Is this good news? Do you know what the waiting times are?

Doesn't mean anything really. UKVI will always take the money as they keep it win or lose......

That's is disgusting, Is there any way I could help get my second application for FLRO approved.

Why so? As much effort goes into a refusal as it does for a grant.

Reading through the thread it seems FLR(O) was never the correct application, so an approval doesn't seem likely.

[CR001]

I still haven't had a response to my question on what grounds you think you qualify for an FLR(O) application. Just wanting to 'live in the UK because it is better' is not sufficient.

[Mannymag2016]

What do I do now then and how do I go from here?

[Wanderer]

What do I do now then and how do I go from here?

Seek a T2 sponsor and apply from home.

[Mannymag2016]

Can I apply for a T2 from the uk?

[CR001]

Can I apply for a T2 from the uk?

No you can't because you don't have valid leave to remain. You will have to apply from home country. You could have applied for Tier 2 General (if you met the requirements) before your student visa expired from within the UK though but that boat has passed now.

I notice that you are ignoring my question on what grounds you think you have to qualify you for an FLR(O) application?

[Mannymag2016]

Thank you very much everyone for getting back to me

Sir, I am not ignoring your question, I do not know why and what grounds I would qualify for FLRO this is just what my sollicitor adviced was the best route and most successful route.
I can try and find out on what ground he applied this for me.

[Mannymag2016]

I appreciate everyones help

[Mannymag2016]

As you know I have asked the company that dismissed me for sponsorship and here is their reasons why they cannot sponsor me, saying that if they did put a sponsorship application it will almost certainly be rejected because

----Care workers and home care workers in particularly are classified as ‘lower skills workers’ and do not qualify. In order to even be considered for a tier 2 visa you need to have the equivalent of level 3 qualifications (e.g. technician of some sort) – even then it is difficult. These are pre-determined by HM Government.

---Care workers are coded as ‘6145’ and fit in to table 5 (ineligible) of the Home Office Guidance “Tier 2 Shortage Occupation List Government-approved version valid from 19 November 2015”

---Despite the above they could apply a ‘resident labour market test’ to demonstrated that the position is difficult to recruit to from within the EU.

---To determine this they would have to advertise at least twice and show that over a 28 day period we received no qualified applicants from within the EU.

---As the company receive nearly 1000 applicants and appoints about 60 carer per month (with about 35 – 40 being live in and about 30 from the EU), it would be impossible for them to state that they have difficulty recruiting.



Is this right