FLR Query

[DoubtingThomas]

Dear All,

I am (an Indian National) currently working in the UK on a work permit valid until Sep 2005. I have accepted a new job (but haven't yet joined) and the prospective new employer filed an application for a work permit which was approved for 24 months - and was also advised by Home Office to apply for an FLR.

Now, that the work permit is approved, the new employer wants me to join them ASAP. Considering that the application for FLR takes about 5-6 weeks to be processed would I breaching any immigration rules if I were to join them in 2 weeks time as I still have leave to remain under my current work permit until Sep 2005?. Is my understanding correct that I can start my new job (on my current Leave To Remain) even though the Home Office hasn't yet issued me the FLR for the new job - please advise.

Thanks

[Kayalami]

You cannot start working for the new employer until you have the new FLR. Your current FLR based on your current employer will no longer be valid from the date you leave their employment - tell your new employer to be patient.

Out of interest what was the outcome of this dependent application if it did materialise?

[DoubtingThomas]

Many thanks Kayalami.

Considering that the issual of FLR is taking upto 5 - 6 weeks time, I think the Home Office of late is allowing engineers granted a work permit to take up employment if they have leave to remain from their previous employment. I think this could be a new development.

This is what the web site www.workingintheuk.gov.uk says, although I am not clear how to interpret it - "The individual is unable to start work until they have received approval for their further leave to remain application against their IED, unless they already have leave to enter or leave to remain in an immigration category that allows them to continue or take full time work with your current/prospective employer."

http://www.workingintheuk.gov.uk/workin ... Apply.html?

Please let me know your thoughts because if I have to wait for another 5-6 weeks for an FLR before taking up my new employment - I am looking at the possibility of letting go of this offer as the new project has got tight deadlines and the employer isn't willing to wait for that much time.

Regarding the visa switch - she hasn't yet applied for a dependant visa. I shall keep you all informed on how it goes.

[kawasaki1]

This is what the web site www.workingintheuk.gov.uk says, although I am not clear how to interpret it - "The individual is unable to start work until they have received approval for their further leave to remain application against their IED, unless they already have leave to enter or leave to remain in an immigration category that allows them to continue or take full time work with your current/prospective employer."

I think what they mean by that last sentence is if, for example, you are getting an extensions to work permit for current employer or you are still a dependant on a student visa holder and have the right to work anywhere(and can therefore join before getting the right FLR).

I agree though that current timescales for simple in-country WP switches are ridiculous!!

(Another question though, new FLR stickers don't mention anywhere the employer or the WP letter they are related to.... I don't see how the employer could check it without phoning the HO? Say if someone switches before they get the right FLR, will it only be a problem once it comes to getting ILR/further extensions and they compare employment date with FLR issu date?)

[DoubtingThomas]

Hi All,

This query is for a colleague of mine who has to apply for his visa extension (Work permit - B & C). His current visa expires on 05 August 2004. I understand that my company can apply for his work permit extension now itself but should time the application for FLR to be in the 5 weeks prior to expiry of current visa. Please advise if we deciphered this correctly. The work permits website says - "Those seeking an extension to an existing IED should apply no sooner than 5 weeks before their existing leave expires, and within six months of them or their employer receiving confirmation of their approval for an IED. Therefore individuals need to ensure that their application for IED is applied for within these timescales. Applications received earlier than this, may not be able to be considered.".

Thanks!!