ILR related

[sam1000s]

I have been on work permit for 4 years and 6 months. My visa is about to expire on 26th Jan. I've applied for a new Job(WP) and I'm waiting for the
result from Home Office. I dont think, I may get a result b4 26th Jan.
So If I get a result after a week say in 1st week of Feb, I will get a small lapse when I apply for ILR.
Will that be a problem for me to get ILR?

Please reply.

thank you

[jbinuk]

Hi

Is it your WP or FLR that is expiring on 26Jan?

If it is your WP, then once you will get your new WP, you need to apply for an extension of your FLR.

Otherwise, you just need to apply for an extension of your FLR.

[sam1000s]

Thanks for the reply jbinuk.

My WP and FLR both are expiring on 26th Jan. I found a new employer and that employer has applied WP on 19th Jan.
I'm expecting the reply from HO may be on 1st Week of Feb.

My doubts is:
My visa stamping in my passport expires on 26th Jan and
I expect to get a new stamping after few days (say 5th Feb).

When I go for ILR (which is on JUN07), Will there be a problem on those weeks gap on my stamping?

[PeterKane]

It is generally not a good idea to become an overstayer past the expiry of a visa. Have a look at http://www.immigrationboards.com/viewtopic.php?t=12742 about applying for FLR while your new WP application is still being considered.

[jbinuk]

If your WP expires, you have 28 days to look for a new job. But since you already have a new job and will get a new work permit in couple of weeks time, then that shouldnt be a problem. Once your WP is issued then you have 6 months to apply for FLR. I dont think this will have negative effect on your application for ILR.

[PeterKane]

Correct me if I'm wrong, but it's not the WP that allows a person to legally stay in the country, it's the Leave to Remain. If a person stays in the country beyond the Leave to Remain, doesn't he/she become an overstayer?

edit: I should have added, if the person stays in the country beyond ... without having submitted an application for Further Leave to Remain ...

[jbinuk]

Yes, that is true..it is the FLR not the WP that gives you the right to stay here in UK but you have 28 days to sort things out if the visa has already expired. That is why if you lose your job (which will therefore automatically invalidate your WP), then you have 28 days to look for a new employer. That does not make you an overstayer if you find a new job within that time frame.

[PeterKane]

I'm not quite sure that losing a job is the same as expiry of the Leave to Remain. Somebody could have been granted a 5 year WP but without Leave to Remain, they cannot legally set-foot/stay in the country.

Could we have the opinions of other seasoned posters, please?

[John]

sam1000s, I think it is essential that you apply for your new visa not later than the expiry date of your existing one .... this coming Friday.

Visa applications are treated as made on the day they are posted .... and yes they do retain the envelopes!

It is clearly preferable to be able to enclose the new WP with your visa application but in the absence of that you should nevertheless make an application ... posting it on Friday is OK ... send it Special Delivery and retain the slip stamps at the Post Office .... and enclose a covering letter saying that a new WP has been applied for ... and it will be forwarded as soon as possible.

Submitting the application, albeit without all the desirable supporting evidence, will stop you being an overstayer at one minute past midnight at the start of Saturday morning.

[sam1000s]

Thank you all for your reply regarding my issue...

I've posted the FLR application on 25th Jan which is just a day b4 my visa expiry as per your advise.

Thank you once again all, for taking time in answering my query...