out of time FLR-IED applications

Hello i came across the forum and i would like to ask if anyone knows or has had experience with a 1 month out of time visa application for the FLR- IED

basically my current leave expired in July but this was way after signing a job contract in June and the work permit was only approved and sent to me on August the 30th and i was told that as my student visa had expired the application was an out of time one!


what do you guys reckon i have sent the FLR-IED application by post will the visa be granted as i have just exceeded the stay by 1month and the firm is a prestigious Oil/Gas firm and basically as the applicant what could i have done? apply for an FLR-IED before my visa expired based on pending work permit application?


pls any feedback welcome positive or Negative it does not matter

Sorry to disappoint you, but I am afraid the Rules will require you to make an out-of-country application for an Entry Clearance. Your FLR(IED) will fall for refusal, unfortunately.

Just leave the UK, next day go to the embassy with your WP/HSMP approval letter and get a visa.

Best wishes

Jeff Albright wrote:Sorry to disappoint you, but I am afraid the Rules will require you to make an out-of-country application for an Entry Clearance. Your FLR(IED) will fall for refusal, unfortunately.

Just leave the UK, next day go to the embassy with your WP/HSMP approval letter and get a visa.

Best wishes

Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?

ib wrote: Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?

It may do, actually. Have a read through the letter. What does it say regarding your leave to remain there? If it says that you now have to apply for FLR(IED) and says nothing about Entry Clearance, then unfortunately, your employer will have to apply again putting down that you are currently not in the UK and then you will get another letter stating that you will have to apply for Entry Clearance in order to come to the UK. That letter can be used in the Embassy.
If it says (like HSMP approval letter) that you could either apply for FLR(IED) within 6 months or for Entry Clearance within 3 months, then you can use this hybrid letter for your EC application.

Jeff Albright wrote:

ib wrote: Thanks Jeff buy my work pemit application was 'in country work permit application' does that matter?

It may do, actually. Have a read through the letter. What does it say regarding your leave to remain there? If it says that you now have to apply for FLR(IED) and says nothing about Entry Clearance, then unfortunately, your employer will have to apply again putting down that you are currently not in the UK and then you will get another letter stating that you will have to apply for Entry Clearance in order to come to the UK. That letter can be used in the Embassy.
If it says (like HSMP approval letter) that you could either apply for FLR(IED) within 6 months or for Entry Clearance within 3 months, then you can use this hybrid letter for your EC application.

Thanks for your replies Jeff i am currently residing in the UK and the work permit letter says i should go ahead and apply for my FLR-IED within 6 months it even suggested i should go to Croydon and they must know because my visa page was used for that application, but then again FLR - IED is not based on the work permits case workers discretion!

Also Jeff based on reading of past cases of overstaying ( 1 month waiting for an IED) whats the general say, as i have basically done nothing but wait for a work permit that was processed while i was still legal on my student visa but approved after my leave expired!

basically i think my case is now at the discretion of the caseworker and i hope my 100-200 pages of documents helps me get through this gray area of the immigration system!

also do you think it will be a fast application as i have included everything he/she may want to read including email transcripts and postal receipts.


Thanks Jeff any similar situations or further advice is welcome

ib wrote: Thanks for your replies Jeff i am currently residing in the UK and the work permit letter says i should go ahead and apply for my FLR-IED within 6 months it even suggested i should go to Croydon and they must know because my visa page was used for that application, but then again FLR - IED is not based on the work permits case workers discretion!

Sorry you cannot stay in the UK if your leave to remain has expired. In order to apply for further leave to remain you must have the current leave to remain in the UK.

Also Jeff based on reading of past cases of overstaying ( 1 month waiting for an IED) whats the general say, as i have basically done nothing but wait for a work permit that was processed while i was still legal on my student visa but approved after my leave expired!

What kind of application have you made before your student visa expired? If you made an application to IND for further leave to remain in an immigration category, then you are ok. If you have not made such application, you have over-stayed.
Work Permits approvals and HSMP approvals are NOT applications for leave to remain. There is a two stage process - 1) Having your skills assessed and 2) submitting your immigration application. WP and HSMP are Skills Assessments. Having received an approval on your skills assessment you must submit an immigration application to stay in the UK on that basis.

You should have ensured your employer had applied for Work Permit long enough before your student visa ran out - say 6 months. It is your responsibility to understand this.

basically i think my case is now at the discretion of the caseworker and i hope my 100-200 pages of documents helps me get through this gray area of the immigration system!

Sorry i do not understand what you meant here. What caseworker? What pages of what document???

also do you think it will be a fast application as i have included everything he/she may want to read including email transcripts and postal receipts.

Could you please be clear with this, as it does not seem to tie up with anything you have said before?

Jeff Albright wrote:
Sorry you cannot stay in the UK if your leave to remain has expired. In order to apply for further leave to remain you must have the current leave to remain in the UK.



this i am very much clear with, the rules are visa ends - you leave the country but is there not some sort of leniency i thought it was 1 month,



What kind of application have you made before your student visa expired? If you made an application to IND for further leave to remain in an immigration category, then you are ok. If you have not made such application, you have over-stayed.
Work Permits approvals and HSMP approvals are NOT applications for leave to remain. There is a two stage process - 1) Having your skills assessed and 2) submitting your immigration application. WP and HSMP are Skills Assessments. Having received an approval on your skills assessment you must submit an immigration application to stay in the UK on that basis.

You should have ensured your employer had applied for Work Permit long enough before your student visa ran out - say 6 months. It is your responsibility to understand this.

basically i think my case is now at the discretion of the caseworker and i hope my 100-200 pages of documents helps me get through this gray area of the immigration system!

Sorry i do not understand what you meant here. What caseworker? What pages of what document???

also do you think it will be a fast application as i have included everything he/she may want to read including email transcripts and postal receipts.

Could you please be clear with this, as it does not seem to tie up with anything you have said before?

hi jeff, what i mean when i went to croydon a senior official told me that my application was credible but an "out of time application" and he said and i quote "you better post it off asap" also a customer advisor from the work permits email enquiry team urged me to take the same response.

Jeff how do you force an employer to apply for a work permit 6 months before your student visa expires bearing in mind that you apply for a job go through various assesments stages which takes at least a month! and with the visa expiring in July so i am not allowed to go for an interview in early June and get a Job offer in June? its just unfair i think there must be some rule that clarifies overstaying as in my case i am just a victim of time which no one can control

So what i have done is gone ahead to apply for the FLR-IED providing enough information( documents a lot of them to show that basically i am just unlucky in this case as if i had time the application would have been far more straightforeward than a staright line) that will hopefully and with some common sense allow the case worker to grant the visa.



I also have one final question, should i have applied for the FLR IED once i got the job in june when i still had ample time left, i reckon this is what i should have done, but then again the rules do state that you need the IED approval first, so its just a big mess! also are you an ex case worker?

ib wrote: hi jeff, what i mean when i went to croydon a senior official told me that my application was credible but an "out of time application" and he said and i quote "you better post it off asap" also a customer advisor from the work permits email enquiry team urged me to take the same response.

Don't get me wrong, fella, but if your application is out of time it will fall to be refused. I don't wish you this, but this is how the things are - those guys are tough when it comes to the Rules.

Jeff how do you force an employer to apply for a work permit 6 months before your student visa expires bearing in mind that you apply for a job go through various assesments stages which takes at least a month! and with the visa expiring in July so i am not allowed to go for an interview in early June and get a Job offer in June? its just unfair i think there must be some rule that clarifies overstaying as in my case i am just a victim of time which no one can control

This is why the Home Office have set up a specific immigration category, called SEGS - Scientific and Engineering Graduate Scheme. New rules have just been brought in, which allow ANY graduate of the UK university to apply under SEGS. You are given a Further 12 months Leave to Remain, during which you decide what to do next - find a job, get your employer to apply for WP or apply under HSMP. Basically, you are given 12 months to sort this out.

So what i have done is gone ahead to apply for the FLR-IED providing enough information( documents a lot of them to show that basically i am just unlucky in this case as if i had time the application would have been far more straightforeward than a staright line) that will hopefully and with some common sense allow the case worker to grant the visa.

I really wish you this to happen, but in reality, it won't. If you are out of your leave to remain, you will be automatically refused.

I also have one final question, should i have applied for the FLR IED once i got the job in june when i still had ample time left, i reckon this is what i should have done, but then again the rules do state that you need the IED approval first, so its just a big mess!

Yeah... You cannot apply under FLR(IED) if you do not have WP or HSMP.

also are you an ex case worker?

I wish I was... I like this, I was thinking of joining IND on a part time basis if I ever get the UK citizenship...
No, there are no ex-IND employers on this forum. I have been doing lots of research on the immigration in this country in the last several years in order to find a solution to my situation, which has been a huge problem in the last 8 years so it all comes from self-education and curiosity.

Good luck with your application and career!

hi Jeff thanks for all your help i am very much aware that your words are far more accurate than mine and as you said i think the grounds for me to be refused are higher than me being granted, but do you think that i can be granted the with the visa, as i have the work permit, job contract and i can more than look after my self and i have been in active education for 6 years?


Also i do not qualify for SEGS my masters was a Business Masters, i really appreciate all your help here and you will definately here about my outcome what ever it is.


right now sleepless nights based on a 80 refused - 20 granted chance!


thanks mate!


my advice to people is immigration is a tight issue what ever you do do it in time over staying should never be your choice!

Jeff Albright wrote: This is why the Home Office have set up a specific immigration category, called SEGS - Scientific and Engineering Graduate Scheme. New rules have just been brought in, which allow ANY graduate of the UK university to apply under SEGS. You are given a Further 12 months Leave to Remain, during which you decide what to do next - find a job, get your employer to apply for WP or apply under HSMP. Basically, you are given 12 months to sort this out.

The new SEGS guidelines that allow any graduate to apply are for those who started their courses after May 2006 and for postgraduates. So basically it will cover those postgraduates starting the new academic year.

thanks for that info, i finished my course this year january so i dont think i qualify for it or do i?

ib wrote:thanks for that info, i finished my course this year january so i dont think i qualify for it or do i?

Sadly that's right ib. The current Masters list for those who received their results from 1 May 2005 to 30 April 2007 is here:

http://makeashorterlink.com/?G57D165CD

This is the list:

A4 Clinical Dentistry
A9 Others in Medicine and Dentistry
B2 Pharmacology, Toxicology and Pharmacy
B5 Ophthalmics
B9 Others in Subjects allied to Medicine
C1 Biology
C2 Botany
C4 Genetics
D2 Clinical Veterinary Medicine and Dentistry
D3 Animal Science
D4 Agriculture
D5 Forestry
F1 Chemistry
F3 Physics
F5 Astronomy
F6 Geology
F9 Others in Physical Sciences
G1 Mathematics
G3 Statistics
G4 Computer Science
G5 Information Systems
G6 Software Engineering
G9 Others in Mathematical and Computing Sciences
H1 General Engineering
H3 Mechanical Engineering
H5 Naval Architecture
H8 Chemical, Process and Energy Engineering
H9 Others in Engineering
J3 Ceramics and Glasses
J4 Polymers and Textiles
J5 Materials Technology not otherwise specified
J7 Industrial Biotechnology
J9 Others in Technology

The full SEGS details:
http://www.workingintheuk.gov.uk/workin ... dents.html

i have been doing some real research to my case and i came up with what i should have done well kind off i hope this helps the next person who has the same issue / case


" Leave to Remain Applications - Work Permit/HSMP Reviews

11 August 2005

Occasionally customers may be required to submit a leave to remain (LtR) application before the outcome of the work permit (WP) or Highly Skilled Migrant Programme (HSMP) application.

In these circumstances we will hold the LtR application until the WP/HSMP application has been decided. At this point, unless you tell us otherwise, the LtR application will be considered and a decision made. If the WP/HSMP application is refused this will result in the LtR application being refused.

Although there is a 28 day period to submit a request for review of the WP/HSMP refusal decision, if you have already submitted the LtR application it is important that you notify us of your/your employer's intention to request a review immediately. If you do so, we will not make a decision on the LtR application until the review has been decision.

If you do not advise us of this, however, the LtR application will not be held for the 28 day period and a decision to refuse will be made.
"



i could not do this as my work permit came in exaclty in a month! jeez this case of mine is really one to behold! i just hope my case worker is lenient! the state of FlR - IED processing team worries me alot with major delays ongoing!

First of all i would like to thank the Almighty God for his divine mercies, i was woken up by my brother today and in his hand was a package from Sheffield so eager to open i ripped one of the less important documents.


I rushed for my passport and there it was my approval till SEPTEMBER 2011, my heart went numb, i knew i had a case and it was worth it, i would just like to say Thank God and word of advice please dont be like me keep your immigration status in fine condition.



Thanks Jeff, justyy and sha80 i guess common sense still works