Work Permit Visa Extn

malhoto · Post by **malhoto** » Mon Oct 24, 2005 10:03 am

Hi there,

I have been working with an MNC from India on Work permit from last 2 years. My work permit expired on 9th of this month and so did my visa.
I got my work permit renewal letter from my employer on 7th of this month. I am still to apply for Visa Extn. IS it possible now. I am going to do it tomorrow. Can I get my visa renewal under the sceme that I can get it done within 6 months of gwtting the letter.

Pls Advice.

regards,
opinder.

Chess · Post by **Chess** » Mon Oct 24, 2005 10:10 am

malhoto wrote:Hi there,

I have been working with an MNC from India on Work permit from last 2 years. My work permit expired on 9th of this month and so did my visa.
I got my work permit renewal letter from my employer on 7th of this month. I am still to apply for Visa Extn. IS it possible now. I am going to do it tomorrow. Can I get my visa renewal under the sceme that I can get it done within 6 months of gwtting the letter.

Pls Advice.

regards,
opinder.

I am afarid this is not looking good!!!

You can only use the 6 months route if you have a VALID VISA for that period..

Please provide more details as it appears that your FLR will not be successfull and seek legal advise immedeatley..

why did you nlive it so long - you should have sent your passport in before the visa expired

malhoto · Post by **malhoto** » Mon Oct 24, 2005 10:28 am

I was told that I can not apply for Work Permit Extn before 45 days of my WP Expiry period. I started to follow up with my employer and got that letter on 7th october only.
IS it that I should leave the country Immediately and get it done from India Now or should I follow some other route.

Pls Advice.

Regards,
opinder.

Post by **John** » Mon Oct 24, 2005 10:31 am

Malhoto, I agree with Chess, why did you leave it so long? Why did you not apply immediately you got that letter on the 7th?

Also as regards :-

I am going to do it tomorrow.

-: if you mean you just intend to turn up at Croydon or another PEO, then do appreciate that all PEOs now operate an appointments only policy.

Chess · Post by **Chess** » Mon Oct 24, 2005 10:37 am

With Hindsight; you should have got the WP letter and gone to HO - PEO on the 7th and applied for a VISA immedeatley..

Unfortunately, letters issued in the UK for WP extension can not be used overseas for EC.

Your employer MUST apply for a new workpermit giving your India address - and this msut be done whilst you are overseas.

This sceanrio may have unfortunately stopped your ILR clock and you may be going back to sqaure 1.

Actions

1). Explain to your employer what has happened.

2) Request employer to apply for ne permit (whilst you are oversaesa) and this should be seant to your overseas address

3). Apply for EC from overseas.

That is my advice - but feel free to seek comptent professional legal advise (but it will all boil down to what I have suggested)

Good Luck

Chess · Post by **Chess** » Mon Oct 24, 2005 10:43 am

Malhoto;

Your previous posts below have confused me a bit - I cant seem to work out what is what?

but good luck!

http://www.immigrationboards.com/viewto ... ght=#25835

Post by **John** » Mon Oct 24, 2005 11:07 am

Chess, nicely spotted! Isn't it a shame when someone posts posts contradictory information ... and/or partial information.

Malhoto, is your visa still valid? Look at it .... the expiry date of the visa is?

If the visa is still in date you should apply for a spouse visa in the UK before the expiry date of the current visa.

Alternatively if the visa has already expired .... go back to your country of origin and apply for a spouse visa there.

Either way you seem to have been wasting your employer's time and money with them getting a Work Permit extension .... given that the holder of a spouse visa is entitled to work in the UK without needing a Work Permit.

malhoto · Post by **malhoto** » Mon Oct 24, 2005 1:10 pm

Guys,
Just to provide the proper information My visa Expired on 9th October,2005.

I just spoke to Work Permits department and they said it is OK to send the application for visa extn now but they said it has to be sent asap.

I do not want to go spouse visa yet due to some personal problems.

regards,
opi.

Chess · Post by **Chess** » Mon Oct 24, 2005 1:18 pm

malhoto wrote:Guys,
Just to provide the proper information My visa Expired on 9th October,2005.

I just spoke to Work Permits department and they said it is OK to send the application for visa extn now but they said it has to be sent asap.

I do not want to go spouse visa yet due to some personal problems.

regards,
opi.

can you please phone them and get them to fax you proof in writing.

it is a common mistake for a junior case worker to say its OK and you get screwed when the application is reviewed by a srenior caseworker.

as far as the rules stand now - the application would fail

malhoto · Post by **malhoto** » Mon Oct 24, 2005 2:09 pm

I spoke to them again and they said the application will not be declined just because of the some extra days if rest of the things are OK.

I feel I should take a chance.

regards,
opi.

Chess · Post by **Chess** » Mon Oct 24, 2005 2:18 pm

malhoto wrote:I spoke to them again and they said the application will not be declined just because of the some extra days if rest of the things are OK.

I feel I should take a chance.

regards,
opi.

Good Luck.

Please keep us posted of the outcome. As this may be an internal HO procedure/ new policy that we are not aware of.

Kayalami · Post by **Kayalami** » Mon Oct 24, 2005 2:54 pm

malhoto,

1. What if any extenuating circumstances prevented you applying for your WP FLR in time given that you got your WP prior to your current visa expiring?

2. Is your marriage subsisting?

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