Job offer with outstanding FLR (M) application

essexb · Post by **essexb** » Fri Jul 20, 2012 1:42 pm

Hi all,

Wondered if someone had any experience or views on our current situation:

My wife (Colombian, I'm British) holds a PSW which expires in January 2013 and has recently submitted her FLR (M) application – we’ve received the acknowledgement letter but nothing else yet. She has recently been offered a job where part of the pre-employment conditions are proving that you are eligible to work in the UK. Now, all she has is a photocopy of her passport and previous PSW visa.

I know whether this will be acceptable may be dependent upon the individual HR department, but has anyone else been in this position? I know that your existing immigration status will continue until your application is decided, but is there any way of proving this? Is it in the Immigration Rules?

Many thanks

asim72 · Post by **asim72** » Sat Jul 21, 2012 12:08 am

Your existing immigration status will not continue until your application is decided UNLESS it was in immigration rules that you existing immigration status will continue until your application is decided.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

essexb · Post by **essexb** » Sat Jul 21, 2012 9:14 am

Hmmm... right, so 3C only comes into effect if an application is refused and the previous leave has expired.

I've looked at the Immigration Rules and can't find anything on PSW anymore. Surely her PSW leave will continue whilst the spouse visa is pending?? Otherwise effectively she will have no immigration status at all! I've married an illegal alien!

asim72 · Post by **asim72** » Sat Jul 21, 2012 9:43 am

Read the thing again.

essexb · Post by **essexb** » Mon Jul 23, 2012 2:03 pm

Thanks for your reply.

I've re-read it a couple of times and can't find anything relating to my situation. Apologies if I'm being dense-but would you be able to put me out of my misery??

asim72 · Post by **asim72** » Mon Jul 23, 2012 2:31 pm

I wonder where and what you have been reading?

The very first para says,

It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when
their valid application is made. Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.

If you still do not understand, then you will need lecture from me, not about immigration, but about common sense and english language.

For one such taster of my lectures, you can check out this link.
http://www.immigrationboards.com/viewtopic.php?p=681406

essexb · Post by **essexb** » Mon Jul 23, 2012 8:45 pm

Many thanks for your help.

duanqiya2040 · Post by **duanqiya2040** » Tue Jul 24, 2012 4:33 am

. Apologies if I'm being dense-but would you be able to put me out of my misery?

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Job offer with outstanding FLR (M) application

Job offer with outstanding FLR (M) application