Help: Student with job offer & Work permit but not gradu

[arghyadey]

Hi all,
I have a situation like this:
(a) I have received a Full time job offer.
(b) Received a work approval document for 60 months. The validity of the document is for 6 months. I have to use this document by the coming November.
(c) I am currently a PhD student (Student VISA). Looking forward to submit thesis by the coming Oct and get the viva done by mid Dec. So I will receive the original degree certificate by mid dec.
(d) Need to apply for a L2R with FLR (IED) form. Have a premium service date on the coming mid august.

*** I have seen that FLR (IED) requires Original degree certificate. i.e; PhD Certificate. Which is impossible at mid Aug.

Q1. What to do? And how strict is home office on 'Original degree certificate'... any ideas?
Q2. When to pay the fee to home office? Is there any possibility if I see I will not get the L2R, I will not pay the fee!!
Q3. How long it takes to get the decision if all the documents are in order?

Waiting for the reply,
Arghya

[PaperPusher]

If you cannot get official confirmation that you have the PhD before you need to submit your LTR application, I cannot see what you can do.

Maybe someone else has an idea. Have you passed a degree or masters in the UK?

[arghyadey]

No, unfortunately, I do not have any other UK degree.

[paulp]

Get a letter from your supervisor/department confirming that you have had satisfory progress, are writing up your thesis and will be submitting in Oct. The viva date can also be included if it has already been fixed.

[PaperPusher]

paulp

Will this work? What if there are revisions to be made? Will it work at the in person service, or will they just take the money & send it for further reconsideration!

[arghyadey]

Thanks, thats the main worry. A letter from the department/university could be arranged. But will they accept i as a replacement to the 'original degree cirtificate'?
I have already talked to a customer care officer at Sheffield PEO. He has gone through my documents and have informed me that every thing is fine. When I have asked him about the 'original degree cirtificate' rule he said that as I have already received the work approval and, therefore, the home office may not look forward to it. He as also suggested me to take a letter from the university. Which was a good news but not the convincing one. My experience says that in UK two customar care officer can inform two significantly different outcome of a same topic/issue. Thats why befor going to PEO for L2R I am looking forward to some idea.
Cheers

[ci07jjs]

another idea would be to leave the country and apply for a fresh entry clearence?

[William Blake]

I have often noticed when these discussions come up there is always someone very quick on the draw to say leave the country.

At any rate fresh entry clearance on what? The applicant does not have a UK degree so how will the entry clearance change this? I say if you already have the letter of approval try your chances getting FLR. What did you declare as possessing (qualifications) when your company applied for the letter of approval? Then whatever you claimed there to get the work permit in country letter is what you need to show evidence of now. Did you claim to have a UK degree ? You must have declared something to convince the work permit folks you can do the job.


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To qualify for a Business and Commercial work permit the post you want to fill must require the following qualifications:

a United Kingdom degree level qualification; or
a higher national diploma (HND) level qualification, which is relevant to the post on offer; or
a HND level qualification, which is not relevant to the post on offer, plus one year of relevant full-time work experience at national/Scottish vocational qualification (N/SVQ) level three or above;
Or the job must need the following skills:

three years full-time experience of using specialist skills gained through doing the type of job for which the permit is needed. This should be at N/SVQ level three or above.
You can also apply under the Business and Commercial arrangements if your post is included in the shortage occupations list.

[PaperPusher]

Hello

If you have not been awarded a UK degree or higher there it will be almost impossible to switch in the UK to a work permit holder.

131A. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student are that the applicant:

(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and

(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and

(iii) holds a valid Home Office immigration employment document for employment; and

(iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and

(v) meets each of the requirements of paragraph 128 (ii) to (vi).

Immigration rules

If the OP has actually obtained the Phd and can prove it then they should be fine. They need to meet the rest of it, ie they did not originaly come in as a visitor. If not then maybe they need to leave the UK to get entry clearance.

PP