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General UK immigration & work permits; don't post job search or family related topics!

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ejobs01
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Posts: 8
Joined: Sun Jul 25, 2004 1:10 am

Urgent help required please

Post by ejobs01 » Sun Jul 25, 2004 1:47 am

Dear all,

This is my last desperate attempt to get sound advise as this discussion forum has been highly recommended by a friend of mine. This since, I have not had any fruitful suggestions from limited persons who have gone through this situation.

I am a visa national and have completed my engineering degree this month (including results and convocation)and have been offered a job from one of the leading companies here in UK following graduate recruitment process. The company has applied for my work permit and is still in the process of clarifying certain queries from the Home office. My student visa is valid till mid sept 2004. My queries are:

1. Can I stay here in UK till I get any decision from the Home office regarding my work permit approval. In other words, do I have to leave UK before my student visa expires or as I read in UKCOSA pdf document "Working in the UK after your studies", page 2, which states that if a student is currently in UK, he/she need not leave he UK whilst the employer applies for a work permit.

2. Incase, I have to leave UK before the expiry of my student visa, is there any other way that I can stay on here till I get intimation from the Home Office regarding the Work permit application?

3. How long does it normally take for the whole process of work permit issuance and LTR approval?

Since time available on my hand is very limited, I guess its a panicky situation.

Any help from any quarters are highly appreciated. I would also like to hear from anyone who has had similar situation.

Thanks to everyone.

K2004
Member
Posts: 133
Joined: Thu Jul 08, 2004 10:15 pm
Location: London

Post by K2004 » Sun Jul 25, 2004 12:19 pm

dont panick, you still have six weeks.. also you are legal in the uk until they make decision. ( I was in the same situaion before)..

I think you will make it.

good luck

ejobs01
Newly Registered
Posts: 8
Joined: Sun Jul 25, 2004 1:10 am

Post by ejobs01 » Sun Jul 25, 2004 4:21 pm

Thanx K2004 for your well wishes. Certainly do need lots of 'em. I do hope i get suggestions from everyone regarding my queries. Thx again.

In the meantime is it possible that I apply again for a student visa and then if and when the work permit comes thru',, change again to a work permit?

Jeff Albright
Senior Member
Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Post by Jeff Albright » Sun Jul 25, 2004 8:16 pm

Usually, student visas are issued until 31st October. I don't know why yours is expiring Mid September.
If you get your college write you a letter that you have not completed your course - the IND should give you an extension up to 31st December that will be sufficient for you to sort out your Work Permit or apply under Scientific and Engineering Programme after October 2004.
All the best

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Mon Jul 26, 2004 12:31 pm

ejobs01 wrote:1. Can I stay here in UK till I get any decision from the Home office regarding my work permit approval. In other words, do I have to leave UK before my student visa expires or as I read in UKCOSA pdf document "Working in the UK after your studies", page 2, which states that if a student is currently in UK, he/she need not leave he UK whilst the employer applies for a work permit.
You can remain in the UK until the expiry of your student visa. If your WP application is accepted you will have to apply separately for leave to remain in the UK as a WP holder. You would not normally be able to do this (in country visa switching) because you are a visa national but there is an exemption for graduates from a UK institution.
ejobs01 wrote:2. Incase, I have to leave UK before the expiry of my student visa, is there any other way that I can stay on here till I get intimation from the Home Office regarding the Work permit application?
1 Enrol on a relevant educational course and apply for an extension of your visa as a student via Form FLR (S) or:

2. Submit form FLR(O) and ask the home office to give you time to prepare yourself to depart the UK e.g. ship documents and perhaps have a short term holiday after your study before you go home - you will be granted visitor status. You may wish to refer to the FAQ for reasons why this is not ideal.

If you submit any FLR form while your student visa has not expired you remain in status/ legally in the UK until a decision is made.
ejobs01 wrote:3. How long does it normally take for the whole process of work permit issuance and LTR approval?
WP - depends on whether its Tier 1 (those which do not require proof of advertising) or Tier 2. T1 = 1 day, Tier 2 = 2 - 3 weeks. FLR = 6-8 weeks.


We appreciate your concern but no need for your duplicate post which I have deleted - thank you for your understanding.

ejobs01
Newly Registered
Posts: 8
Joined: Sun Jul 25, 2004 1:10 am

Post by ejobs01 » Mon Jul 26, 2004 2:52 pm

Thanks ever so much, Kayalami, for answering my queries. No problem deleting my second mail. It was just that I was looking for solutions asap.

One another small question, (assuming after obtaining student visa extension) would the immigration office ask as to why I am applying for LTR so soon. In other words, it can imply that I was already aware about the impending work permit application made by my company. Any valid reasons that I can give?

Thanks again.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue Jul 27, 2004 10:27 am

ejobs01 wrote:One another small question, (assuming after obtaining student visa extension) would the immigration office ask as to why I am applying for LTR so soon. In other words, it can imply that I was already aware about the impending work permit application made by my company. Any valid reasons that I can give?
The Home Office are more concerned where an application is made whilst your visa has expired. The scenario you describe would not raise any issues - its more revenue for them as you have two sets of FLR fees. I would emphasise your visa situation to your employer so they (or their lawyer) can in turn follow up on the WP issue with Work Permits UK. If the WP application was well documented/ prepared you should get the WP issued by the end of August. You would then be able to apply for a WP FLR and not have to go the student/ visitor FLR scenario.

Good luck

ejobs01
Newly Registered
Posts: 8
Joined: Sun Jul 25, 2004 1:10 am

Post by ejobs01 » Tue Jul 27, 2004 11:19 am

Thanks very much, Kayalami. You have indeed been a great help and cleared many doubts I and probably many others would have had. Thanks again.

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