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Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?Jeff Albright wrote:Sorry to disappoint you, but I am afraid the Rules will require you to make an out-of-country application for an Entry Clearance. Your FLR(IED) will fall for refusal, unfortunately.
Just leave the UK, next day go to the embassy with your WP/HSMP approval letter and get a visa.
Best wishes
It may do, actually. Have a read through the letter. What does it say regarding your leave to remain there? If it says that you now have to apply for FLR(IED) and says nothing about Entry Clearance, then unfortunately, your employer will have to apply again putting down that you are currently not in the UK and then you will get another letter stating that you will have to apply for Entry Clearance in order to come to the UK. That letter can be used in the Embassy.ib wrote: Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?
Thanks for your replies Jeff i am currently residing in the UK and the work permit letter says i should go ahead and apply for my FLR-IED within 6 months it even suggested i should go to Croydon and they must know because my visa page was used for that application, but then again FLR - IED is not based on the work permits case workers discretion!Jeff Albright wrote:It may do, actually. Have a read through the letter. What does it say regarding your leave to remain there? If it says that you now have to apply for FLR(IED) and says nothing about Entry Clearance, then unfortunately, your employer will have to apply again putting down that you are currently not in the UK and then you will get another letter stating that you will have to apply for Entry Clearance in order to come to the UK. That letter can be used in the Embassy.ib wrote: Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?
If it says (like HSMP approval letter) that you could either apply for FLR(IED) within 6 months or for Entry Clearance within 3 months, then you can use this hybrid letter for your EC application.
Sorry you cannot stay in the UK if your leave to remain has expired. In order to apply for further leave to remain you must have the current leave to remain in the UK.ib wrote: Thanks for your replies Jeff i am currently residing in the UK and the work permit letter says i should go ahead and apply for my FLR-IED within 6 months it even suggested i should go to Croydon and they must know because my visa page was used for that application, but then again FLR - IED is not based on the work permits case workers discretion!
What kind of application have you made before your student visa expired? If you made an application to IND for further leave to remain in an immigration category, then you are ok. If you have not made such application, you have over-stayed.Also Jeff based on reading of past cases of overstaying ( 1 month waiting for an IED) whats the general say, as i have basically done nothing but wait for a work permit that was processed while i was still legal on my student visa but approved after my leave expired!
Sorry i do not understand what you meant here. What caseworker? What pages of what document???basically i think my case is now at the discretion of the caseworker and i hope my 100-200 pages of documents helps me get through this gray area of the immigration system!
Could you please be clear with this, as it does not seem to tie up with anything you have said before?also do you think it will be a fast application as i have included everything he/she may want to read including email transcripts and postal receipts.
Jeff Albright wrote:
Sorry you cannot stay in the UK if your leave to remain has expired. In order to apply for further leave to remain you must have the current leave to remain in the UK.
this i am very much clear with, the rules are visa ends - you leave the country but is there not some sort of leniency i thought it was 1 month,
What kind of application have you made before your student visa expired? If you made an application to IND for further leave to remain in an immigration category, then you are ok. If you have not made such application, you have over-stayed.
Work Permits approvals and HSMP approvals are NOT applications for leave to remain. There is a two stage process - 1) Having your skills assessed and 2) submitting your immigration application. WP and HSMP are Skills Assessments. Having received an approval on your skills assessment you must submit an immigration application to stay in the UK on that basis.
You should have ensured your employer had applied for Work Permit long enough before your student visa ran out - say 6 months. It is your responsibility to understand this.
Sorry i do not understand what you meant here. What caseworker? What pages of what document???basically i think my case is now at the discretion of the caseworker and i hope my 100-200 pages of documents helps me get through this gray area of the immigration system!
Could you please be clear with this, as it does not seem to tie up with anything you have said before?also do you think it will be a fast application as i have included everything he/she may want to read including email transcripts and postal receipts.
Don't get me wrong, fella, but if your application is out of time it will fall to be refused. I don't wish you this, but this is how the things are - those guys are tough when it comes to the Rules.ib wrote: hi jeff, what i mean when i went to croydon a senior official told me that my application was credible but an "out of time application" and he said and i quote "you better post it off asap" also a customer advisor from the work permits email enquiry team urged me to take the same response.
This is why the Home Office have set up a specific immigration category, called SEGS - Scientific and Engineering Graduate Scheme. New rules have just been brought in, which allow ANY graduate of the UK university to apply under SEGS. You are given a Further 12 months Leave to Remain, during which you decide what to do next - find a job, get your employer to apply for WP or apply under HSMP. Basically, you are given 12 months to sort this out.Jeff how do you force an employer to apply for a work permit 6 months before your student visa expires bearing in mind that you apply for a job go through various assesments stages which takes at least a month! and with the visa expiring in July so i am not allowed to go for an interview in early June and get a Job offer in June? its just unfair i think there must be some rule that clarifies overstaying as in my case i am just a victim of time which no one can control
I really wish you this to happen, but in reality, it won't. If you are out of your leave to remain, you will be automatically refused.So what i have done is gone ahead to apply for the FLR-IED providing enough information( documents a lot of them to show that basically i am just unlucky in this case as if i had time the application would have been far more straightforeward than a staright line) that will hopefully and with some common sense allow the case worker to grant the visa.
Yeah... You cannot apply under FLR(IED) if you do not have WP or HSMP.I also have one final question, should i have applied for the FLR IED once i got the job in june when i still had ample time left, i reckon this is what i should have done, but then again the rules do state that you need the IED approval first, so its just a big mess!
I wish I was... I like this, I was thinking of joining IND on a part time basis if I ever get the UK citizenship...also are you an ex case worker?
The new SEGS guidelines that allow any graduate to apply are for those who started their courses after May 2006 and for postgraduates. So basically it will cover those postgraduates starting the new academic year.Jeff Albright wrote: This is why the Home Office have set up a specific immigration category, called SEGS - Scientific and Engineering Graduate Scheme. New rules have just been brought in, which allow ANY graduate of the UK university to apply under SEGS. You are given a Further 12 months Leave to Remain, during which you decide what to do next - find a job, get your employer to apply for WP or apply under HSMP. Basically, you are given 12 months to sort this out.
Sadly that's right ib. The current Masters list for those who received their results from 1 May 2005 to 30 April 2007 is here:ib wrote:thanks for that info, i finished my course this year january so i dont think i qualify for it or do i?