What do do about work contract between EC end-date & FLR

[Mini]

hi all,
As all HSMP visa holders know, even if we land a perm job our appt letter will say contracted upto the EC end-date due to legal reasons. Now if the FLR is going to take 4 months and we can apply only 2 months prior to the EC end-date, what is the individual to tell the company to do about their contract. Obviously it cannot be extended till they are shown passport with stamp with extended work permit.

Would appreciate experiences from anyone who has faced this problem.

Thanx.

[John]

Are you thinking that your visa will expire? If so be aware of a neat piece of legislation, namely, Section 3C.

If you apply for your new visa in the UK before the expiry of the old one, and the application has not been dealt with by the stated expiry date of the old visa, then that old visa is treated as continuing until after you are notified of the result of the application, and indeed, until if there is a refusal, the time has expired to appeal against that refusal.

So all the rights etc under that old visa do not simply evaporate at the end of the end date stated on the visa. If you have not heard the result of your new application then the old visa is treated as continuing.

Does that help?

[Cosmopol]

In practical terms, you may want to find official HO documentation (online oir hard copy) in order to show it to the employer who is concerned with the expiry of your status.

[John]

Here is the link to information on the IND website. Go to :-

Immigration Directorates' Instructions

-: and then click on Section 5 to download a PDF about Section 3C.

[Sher]

Hey John,
Been watching yr posts for a while ..... good advice with evidence always.
Here's to you !

[Mini]

Dear all,
Thanks for the prompt responses and the idea on the hard-copy/online information and Section 3C. Will surely use that. But how does one decide on the duration for the extension of the contract. And on what basis

[Sher]

.... contracted upto the EC end date or date of refusal for EC extension (with no recourse to appeal), whichever is later.

Hope that helps.