Work permit expiring/becoming overstayer and ILR !

[huqqapani]

Hi,

I have been a work permit holder for past 4 years with current visa expiring on 19/12/12. Current employer did not tell me until 2 weeks ago that they will not extend my visa.

Meanwhile i have an interview with a Tier 2 sponsor lined up and I am a strong favourite (i say this because i already have been informally interviewed, the official interview is part of RLMT).

The problem is that by the time i apply for Tier 2 sponsorship (once residence labour test is completed and i am succesful ) i would have overstayed by at least 2 weeks.

I would like to know how does it effect my chances of securing ILR in September 2013 (on 10 year basis) or December 2013 (on 5 year category).

I have a good immigration history with all applications successful without being rejected and therefore very nervous in using the 28 day grace period.

Please advise.

[Phoebe]

I'm in a similar situation as i'm waiting for COS and have been told by my solicitor that I can put in a FLR (0) application to buy time and then vary this application when the COS is release by putting in the tier2 application. The danger with this method is that if your FLR (0) application gets dealt with and rejected before you vary it then you will automatically be an over stayer and wont be entitled to a tier2 visa or even a successful appeal as in reality you probably dont qualify for the FLR (0).

Hope this is clear, I must add that I'm not an expert and only going by what my solicitor suggested in my case.

Hi,

I have been a work permit holder for past 4 years with current visa expiring on 19/12/12. Current employer did not tell me until 2 weeks ago that they will not extend my visa.

Meanwhile i have an interview with a Tier 2 sponsor lined up and I am a strong favourite (i say this because i already have been informally interviewed, the official interview is part of RLMT).

The problem is that by the time i apply for Tier 2 sponsorship (once residence labour test is completed and i am succesful ) i would have overstayed by at least 2 weeks.

I would like to know how does it effect my chances of securing ILR in September 2013 (on 10 year basis) or December 2013 (on 5 year category).

I have a good immigration history with all applications successful without being rejected and therefore very nervous in using the 28 day grace period.

Please advise.

[huqqapani]

Well my solicitor suggested that we go along discretionary leave (FLR-0) route and either vary the application or withdraw FLR-O and make fresh Tier 2 when ready.
I know in my case that I will be ready to apply for Tier 2 within 2.5 weeks of current leave expiry. So assuming i submit on 17/12/12, i doubt that UKBA will make a decision within 2 weeks as their current backlog is a minumum of 4-6 weeks. Not to mention the Xmas break.
Still not sure what route is better.

[Phoebe]

To my understanding, you can only vary your current FLR (0) application and not withdraw and put a fresh one in as you will already be out of time.

Again, i'm not an expert.

Well my solicitor suggested that we go along discretionary leave (FLR-0) route and either vary the application or withdraw FLR-O and make fresh Tier 2 when ready.
I know in my case that I will be ready to apply for Tier 2 within 2.5 weeks of current leave expiry. So assuming i submit on 17/12/12, i doubt that UKBA will make a decision within 2 weeks as their current backlog is a minumum of 4-6 weeks. Not to mention the Xmas break.
Still not sure what route is better.

[huqqapani]

Well yes, I can vary it... Surely it's better than withdrawing FLR-O application. I don't have confidence in Discretionary leave route as each caseworker will see a case differently. I really need an expert advice on this matter...

Common folks, a bit of top advice ?