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Expired work permit

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MWazir
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Location: London

Expired work permit

Post by MWazir » Thu Dec 02, 2004 3:35 pm

I just recieved a call from a very distressed friend regarding his FLR(IED)

His work permit expired on the 25th of November. While the company he works for applied for extension, there was a delay in this process (by the company and not the HO) and he recieved his work permit extension letter only today. His company asked him to file for FLR(IED)

The work permit document as well as the FLR(IED) application clearly state that he has to apply for further leave to remain before the expiry of his current visa.

Whats the best course of action for him? Under the circumstances will his FLR application be rejected?

tvt
Senior Member
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Location: London

Post by tvt » Thu Dec 02, 2004 3:54 pm

As delay caused by the company and not by HO your friend should play safe and either:

1. Use an expert (like Work Permits.com) to regularise his stay.

2. Leave the UK and apply for an Entry Clearance based on the WP extension.
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Chess
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Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Dec 02, 2004 4:04 pm

tvt wrote:As delay caused by the company and not by HO your friend should play safe and either:

1. Use an expert (like Work Permits.com) to regularise his stay.

2. Leave the UK and apply for an Entry Clearance based on the WP extension.

Option 1 will be lengthy and expensive and there is no guarrantte that it will succeed

Option 2 as it is will not succed as the applicant will not be able to use the WPX letter to get EC, as the letter clearly states that - you must apply for FLR-IED.


An improvement to moption 2 is to request your employer to apply for a NEW WORKPERMIT for you as an overseas employee - you will have to head back to the country of origin as this is being applied for.


getting a WP takes a couple of weeks and once the permit has been obtained it should be posted to you overseas. And then you will apply for EC.

To get EC from overseas you will need a WP letter adddressed to you Overseas and not the WPX letter that you currently have

Unfortunately your ILR clock may be set back to zero
Where there is a will there is a way.

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Thu Dec 02, 2004 4:04 pm

Many thanks for the reply tvt. Is it to true that under this scenario he has 28 days to leave to country from the date of expiry? Or will he be regarded as someone who over stayed his visit?

Also who does this effect his ILR if he goes back to his home country and applies for EC.

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 1:01 am
Location: London

Post by tvt » Thu Dec 02, 2004 4:18 pm

You will be able to get an EC based on WPX unless the EC officer is too fussy.
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Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Dec 02, 2004 4:26 pm

tvt wrote:You will be able to get an EC based on WPX unless the EC officer is too fussy.
A friend of mine tried to get EC based on WP letter which had been sent to him to the home country by the UK employer - however HR made a mistake and applied for the WP assuming that the guy was in the UK whereas he had finished his studies and was back home...

...the letter stated that he should apply for FLR. The ECO said that he had to get a new letter specifically addressed to him overseas :roll:


So if you fall the rules to the letter then a WPX letter cannot be used to get EC overseas
Where there is a will there is a way.

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Thu Dec 02, 2004 4:28 pm

Thanks Checkmate and tvt.

He has come on an intra company transfer from an Indian multinational company so coming back will not be a problem since his company wants him to continue in his post and the mess was their creation in the first place.

However, his is concerned he will be regarded an illegal overstayer as of today. I have mentioned that a lot of people say that you are allowed 28 days additional to the date of expiry of your visa.

Can you please confirm this.

Chess
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Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu Dec 02, 2004 4:39 pm

You are allowed 28 days to leave the country. As there is no immigration control on Exit no one is gonna stop him...


..on the other hand he will get an Entry stamp as he gets into India and in future, if he applies for a visa and meets a very intelligent ECO, then they may find out that he "overstayed"...

..however, if he is a regular traveller with loads of entry stamps into the UK and lodas of entry/exit stamps in/out of India - then it will be nigh impossible to work out if he 'overstayed'.
Where there is a will there is a way.

vanity
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Joined: Wed Nov 10, 2004 3:06 pm

Post by vanity » Fri Dec 03, 2004 3:33 pm

Hi. Caseworkers sometimes allow some discretion. So if your friend's leave has expired on 25th November, it is still not too late to apply for FLR.

It maybe useful to state reasons of the delay in a neatly typed covering letter.

Good Luck.

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