HELP! - Desperate - Refusal for FLR application/ Work Permit

[eggwidge]

Dear all,

I am just wondering if anyone could possibly advise me on the following issues. The nature of my case is unbelievably complex, just like a lot of other questions that have been posted here.

I applied for my further leave to remain on 30/10/07 when my leave was to expire on 07/11/07. I heard from the home office on 16/11/07 stating my refusal, reason being that my work permit became invalid on 05/10/07, exactly 6 months after it was issued. I have since lodged an appeal on the ground that the work permit letter is misleading (the wording, must/should, and the sentence 'in all cases, all applications must be made before the current leave expired'.) I simply got confused and thought as long as I applied before my leave expired, the application would be okay. Obviously, I've included several other reasons (cultural and economical contribution to the country, etc.)in my appeal letter and references from my current and previous employers, etc; in addition, I quoted ECHR Article 3 & 8. (This is the 3rd work permit i've received).

Does anyone think I stand a chance to win?

To continue to employ me and to enable my to return to work at the earliest date possible, my employer have subsequently applied for a new work permit, with which I can then return to my home country to obtain an entry clearance to work, whilst simultaneously awaiting for the decision of my appeal.

I wonder if this, namely my refusal for FLR, will affect on my application for entry clearance? Besides, as I've now been 'asked' to leave the country (I understand that I have 28 days from the date of my refusal letter to leave the country), when filling in the entry clerance application form, which one do I tick? Do I say yes or no to the question 'Have you been removed, deported, or required to leave the United Kingdom?' What do APP104 and IS151A stand for? (In my letter of refusal, there isn't such a code, and after consulting the Home Office, no answer was given.)

Should I win my appeal, would my status be reinstated? Is it true that after I've lodged my appeal, I can 'lawfully' remain in the UK whilst waiting for the decision?

Please do advise.

Thank you very much for reading and your kind advice/reply.

[Decus et Tutamen]

Whilst your appeal is outstanding, you are lawfully in the UK and can continue to work, so will not be required to leave the UK. If you wish to apply for a new work permit and obtain entry clearance to return, you will not have been required to leave the UK and can tick "no" on the application form.

An APP104 is a notice of intention to deport, and you would know if you had been served with one of these. An IS151A is notice served upon an individual liable to section 10 removal (an overstayer, worker-in-breach, or an illegal entrant), and from the information you've provided, you don't fall in to any of those categories.

[eggwidge]

Whilst your appeal is outstanding, you are lawfully in the UK and can continue to work, so will not be required to leave the UK. If you wish to apply for a new work permit and obtain entry clearance to return, you will not have been required to leave the UK and can tick "no" on the application form.

An APP104 is a notice of intention to deport, and you would know if you had been served with one of these. An IS151A is notice served upon an individual liable to section 10 removal (an overstayer, worker-in-breach, or an illegal entrant), and from the information you've provided, you don't fall in to any of those categories.

Thank you for your swift reply and the clarification on those two codes. I've been advised that because my limited leave to remain ran out on Nov 7th, I therefore cannot continue to work. -- At least that's what the Home Office said.

I also wonder why I've been told about this 28-day limit? Because of that, I've now booked a flight to leave next Tuesday, last day of the 28-day limit.

Besides, can anyone clarify this? How do you count the 28 days? Do you start counting from the date after your leave expires? Or in my case, I sent in my application about 1 week before my leave expired and did not hear from them until the 16th (letter dated 13th). Do I then count from the 13th of November instead?

Thanks very much.

[Decus et Tutamen]

On the assumption that you made your application to the BIA prior to your current leave expiring, the conditions of your current leave will continue to apply until the matter is resolved.

I would think that the 28 days is the time in which you either had to appeal to the AIT or leave the UK. If you have appealed, then your status will be lawful until the appeal is decided. However, if your appeal is dismissed, you will then be considered to be an overstayer, so to now renew your work permit, leave the UK and come back with entry clearance is not such a bad idea.

[eggwidge]

Thanks again for your reply. I am just doing whatever I can at the moment, even though it's not the most preferred solution. I wonder if this refusal will pose as a threat for me when applying for entry clearance? (I suppose I am just trying to play safe by leaving next week.)

If I do win the appeal, will my status, the time lost between visas be reinstated?

Thanks.

[Decus et Tutamen]

Whilst I understand the confusion which has arisen, my own personal opinion is that you will stand little chance of winning the appeal as there is no doubting your employment document was out of date when you sought the immigration extension.

In order to qualify for indefinite leave, you have to have been on a work permit for five continuous years. If there are any breaks, the clock strats ticking again. However, on the bright side, if you obtain another work permit, this refusal should not diminish your chances of being readmitted.

One other option which you may wish to consider is to approach Work Permits(UK), explain the circumstances, and see if they will re-issue the employment document without the need for a totally new application.

[eggwidge]

I just simply cannot understand how this works. I accidentally came across my previous work permit whilst preparing for my application for entry clearance.

The current work permit is comparatively much more misleading. The previous one issued in April 2006 was absolutely clear.

I really hope I will have no problem being readmitted into the country. One thing, if anybody knows the answer, is that when it says in the entry clearance that I am applying from my home country. Do I fill in all my details according to my UK details and provide supporting documents? Also, it says that I must have bank statements or a bankbook which is up to the day before my application. Since I am leaving the country in a few days, I can only provide it up to the day before my departure. Would this matter? Any advice?

Thanks again. Really really appreciate your time and patience.

[PaperPusher]

Hello eggwidge

'in all cases, all applications must be made before the current leave expired'

What did the letter say before this bit?

[eggwidge]

hi, i believe it says 'all applications 'should' be made within six months from the date of this letter'.

i am aware of it. but why two?

it was much clearer in the previous work permit which was issued in 2006, where it says 'whichever is sooner'.

That paragraph from WP issued in 2006 has been reworded.

linguistically speaking, 'should' -- is a suggestion which also implies that one is left with the option of 'take it or not', where as 'must' is an order, compulsion.

I followed the 'must', rather than the 'should'.

If the government creates a new law saying 'you should not smoke in any pubs or clubs', I bet people will then logically thing 'I can still smoke in there'.

Besides, the 'MUST' is stressed twice in the letter.

I guess that's why I got confused. Anyways, I am not arguing that I am absolutely right, but sure the letter 'should' be clearer like how it used to be.

Does that make sense?

Thanks for your reply.