Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route
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wqs6789
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by wqs6789 » Tue Jan 03, 2017 4:28 pm
Hi everyone
I am currently on tier 4 visa and my course is finished in the mean time i was doing part time job in an accounting firm now they want to issue me a work visa and applied for sponsorship license they sent all the documents on 29th of Dec but the problem is my existing visa is expiring on 30th of January apart from extending tier 4 visa for Dba what else i can do ? as that course initial fee is £10 k and i only need couple of months.
Second option which i am not sure about and need advice on if possible is before my visa expiry if i apply for FLR on the bases of that i am waiting for my employer sponsorship license so that i can apply for tier 2 visa i am not sure if these bases came under FLR or not ? would that be a better move ?
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CR001
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by CR001 » Tue Jan 03, 2017 4:45 pm
No, you cannot apply for FLR, it will be refused very quickly for such a reason. It would be considered a 'frivolous and vexatious' application.
Your only option is to extend you current visa or apply for Tier 2 from home country.
Sponsor licences can take many weeks to be processed.
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Djsuccess
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by Djsuccess » Wed Jan 04, 2017 12:07 am
CR001 wrote:No, you cannot apply for FLR, it will be refused very quickly for such a reason. It would be considered a 'frivolous and vexatious' application.
Your only option is to extend you current visa or apply for Tier 2 from home country.
Sponsor licences can take many weeks to be processed.
Won't the sponsor be required to carry out RLMT if he/she will be applying from home country after the Tier 4 visa has expired?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.
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iworker
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by iworker » Wed Jan 04, 2017 8:46 am
Yes he will need rlmt and restricted cos if he applies from home country.
but even if he were to extend his student visa, rlmt will still be needed as he wont be changing from student visa on which he has completed a degree. rlmt is only exempted right now, as he has finished a degree on his current visa, not if he extends it on to another student visa.
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wqs6789
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by wqs6789 » Wed Jan 04, 2017 1:19 pm
Hi thank you everyone for your prompt reply. I am not sure my employer would be ready to sponsor me from my home country and i am not applying to extend my student visa as well.
So only option is FLR as CR001 said that my current bases for FLR would be 'frivolous and vexatious' what if i can have some other strong bases for FLR and assumed i applied for that by 25th of January so in Feb for example if my employer got the sponsorship can i apply for tier 2 visa ? I am not sure while applied for FLR i can apply for tier 2 visa or not as i am getting contradicted responses from couple of lawyers i met.
and what if my employer didnt get the sponsorship and i know they will refuse the FLR application as well so i have to go back so would that effect my travel history like i want to come back in may for my graduation ceremony would i be able to.
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Djsuccess
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by Djsuccess » Wed Jan 04, 2017 6:50 pm
wqs6789 wrote:Hi thank you everyone for your prompt reply. I am not sure my employer would be ready to sponsor me from my home country and i am not applying to extend my student visa as well.
So only option is FLR as CR001 said that my current bases for FLR would be 'frivolous and vexatious' what if i can have some other strong bases for FLR and assumed i applied for that by 25th of January so in Feb for example if my employer got the sponsorship can i apply for tier 2 visa ? I am not sure while applied for FLR i can apply for tier 2 visa or not as i am getting contradicted responses from couple of lawyers i met.
and what if my employer didnt get the sponsorship and i know they will refuse the FLR application as well so i have to go back so would that effect my travel history like i want to come back in may for my graduation ceremony would i be able to.
The best option you have is to apply while still on tier 4. Tier 2 application from any other tier or class of visa will require rlmt which will be difficult for the company to do since you are already working for them. That doesn't mean it's not achievable.
There are a few reasons for applying for FLR I don't think your case is included. Maybe you need to read more on requirements for FLR.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.