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Pending FLR (O) way forward

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

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Fnm
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Joined: Thu Jul 30, 2015 10:44 pm

Pending FLR (O) way forward

Post by Fnm » Wed Oct 07, 2015 1:18 am

Kindly help with your valuable advice if you can. I was on a Tier 2 (general) for 2 years and my extension application for a further one year was refused. However, I was already in my third trimester of pregnancy to my partner on discretionary leave to remain (10 year route). With my employer refusing to increase the salary in order to meet the required Tier 2 visa requirement, at the same time living with my partner who was granted his discretionary leave to remain a year ago, I followed advise from an advisor at our local law centre and applied for flr (o), consideration outside immigration rules and also for compassionate reasons.

The advisor also said I should be able to continue with my employment under section 3c, since my FLR O application was lodged on time. However, my employer did some employee right to work verification checks with UKVI before I lodged in my flr application and the outcome was negative, and they did another check on the day I lodged in my application and UKVI replied 10 days later still negative, hence my employment was terminated with immediate effect. I haven't had any application acknowledgement for my flr application yet, and I am trying to secure another role as soon as possible. Can an expert please help on the following :

1. After my tier 2 visa refusal and having applied for flr on time, should section 3c apply to my case. If so, how can I get my employer to get correct information?
2. If I secure another role (hopefully after giving birth) before a decision is made on my flr application, does the "cooling off period" apply to me Or it is still possible to get a tier 2 with a different employer?
3. Is there a chance of getting my flr approved, based on being partner to a person with limited leave to remain in the UK (DL), who has a British son that I have bonded with and who we both support and expecting a baby anytime without any airline that can take me on board at this stage (sent as much supporting documents as possible from the time I met my partner, his son and the son's biological mother's supporting letters, friends, church, colleagues supporting letters and more supporting evidence etc).

So sorry for being too long, I hope to get valuable advice and hopefully pave my way forward. Thank you in advance.

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Pending FLR (O) way forward

Post by Obie » Wed Oct 07, 2015 10:58 am

A person on DLR cannot sponsor a family member, and your child cannot acquire British citizenship unless your partner acquire ILR before the birth of your child.

You have a continued right to employment until the FLR (O) is decided, but the prospect of success is 50/50 .

Is your husband in employment?.
Smooth seas do not make skilful sailors

Fnm
Newly Registered
Posts: 10
Joined: Thu Jul 30, 2015 10:44 pm

Re: Pending FLR (O) way forward

Post by Fnm » Wed Oct 07, 2015 1:30 pm

Obie wrote:A person on DLR cannot sponsor a family member, and your child cannot acquire British citizenship unless your partner acquire ILR before the birth of your child.

You have a continued right to employment until the FLR (O) is decided, but the prospect of success is 50/50 .

Is your husband in employment?.
Dear Obie,

Thank you for your reply, you have been so helpful with my situation since I started posting on this forum. My partner is employed and his salary should be fine for leave to remain applications, however, due to his DLR status I had to go for flr (o) as he cannot sponsor a family member and we have only lived together continuously for just more than a year.

1. Now that my employer decided to terminate my contract following the right to work verification checks that came back stating that "my Tier 2 visa was refused therefore, I have no right to work in the UK", what can I do to get updated information to HR showing the effect of the flr (o) application on my right to work?

2.With 50/50 chance of getting an flr approved, I am currently applying for roles with salaries that meet the Tier 2 visa requirements, but I am not sure if I have to wait for 12 months before applying for another Tier 2 visa following the initial refusal (cooling off period)? Do you by any chance know if this applies to my situation?

Thanks for your valuable help.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Pending FLR (O) way forward

Post by Obie » Thu Oct 08, 2015 9:59 pm

The Termination seems unlawful, inform the employer of this. Threaten them with legal action..

The is no cooling period for Tier 2.

FLR (O) may fail.
Smooth seas do not make skilful sailors

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