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FLR rejected for 2nd Time, Rights to work in UK

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FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 10:59 am

Hey
I came to this country on a student Tier 4 Visa and then I failed to find the sponsor for Tier 2 Visa. So I have applied for FLR(FP) application to gain a extra time to find a sponsorship. But my 1st FLR(FP) got rejected and then I applied for the 2nd FLR(FP), even that got rejected but I haven't received any formal communication letter from UKBA that my FLR(FP) got reject and should leave the country in immediate effect.
I got few things, that I am confused about:
1. If i go back to my home country, can i apply for Tier 2 VISA? (because i found the sponsor now to sponsor a tier 2 for me)
2. Also how many months break do I need to take before i apply for the Tier 2 Visa?

Please, Any advice would be much appreciate

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 11:09 am

1. If i go back to my home country, can i apply for Tier 2 VISA? (because i found the sponsor now to sponsor a tier 2 for me)
Yes if you meet the requirements.
2. Also how many months break do I need to take before i apply for the Tier 2 Visa?
Why do you think you have to wait to apply??

When did your Tier 4 student visa expire??
Char (CR001 not Casa)
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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 11:27 am

Thanks for the reply.

1. If i go back to my home country, can i apply for Tier 2 VISA? (because i found the sponsor now to sponsor a tier 2 for me)
Yes if you meet the requirements.
"Did you mean the Point based system requirements?"

2. Also how many months break do I need to take before i apply for the Tier 2 Visa?

Why do you think you have to wait to apply??

"I thought when the VISA got reject there could be some cooling period, where I have to go back home and finish it off to apply for a New Visa. Also my FLR (FP) got rejected twice. "

When did your Tier 4 student visa expire??
Expired on Mar 2017

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 11:34 am

So you have been an overstayer since March 2017.

Cooling off period applies to Tier 2 applications from outside the UK if a person held a Tier 2 ICT visa previously.

You need to meet the Tier 2 requirements yes.

HO might view your 'frivilous and vexatious' applications to remain in the UK dimly though.

You don't state any of the dates you submitted the FLR applications or dates of refusal etc or the basis/reasons for the FLR applications, which is quite important too.

You also don't state the reasons for the FLR refusals or when you first came to the UK.
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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 12:04 pm

So you have been an overstayer since March 2017.

No, I have applied for my FLR (FP) before it got expired. I guess if i made an application before the current visa expires i thought it will be still valid. (may not be true)

Sorry i haven't mentioned the dates before.

Came to this country on Jan 2016 on Tier 4, it got expired on Mar 2017.
Applied for 1st FLR(FP) on Mar 2017 before Tier 4 got expired (it got rejected on Nov 2018)
Applied for 2nd one within the 14 days period like re-appeal on Nov 2018

FLR reason was mentioned Private life

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 12:10 pm

What 'private life' if you had only been in the UK for 1 year (2016-2017). This would be considered a 'frivilous and vexatious' application by HO as you did not qualify for FLR(FP) private life.

As your second application was refused, you are an overstayer. Only the first application will have given you protection under Section 3C. As your second application was also refused, your protection ended on the date of the first application refusal.
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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 12:28 pm

As your second application was refused, you are an overstayer. Only the first application will have given you protection under Section 3C. As your second application was also refused, your protection ended on the date of the first application refusal.

---I was with an assumption i have re-appealed without knowing Section 3C. But I am yet to receive the letter from HO about the refusal. In that case I cant withdraw and go back to my home country and apply for Tier 2 from there?

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 12:32 pm

Your first post you stated your second application was refused. If this is the case, you are an ovestayer.

You should wait for HO to write to you. They will likely retain your passport and only return it to you when you at the airport.
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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 12:40 pm

1.So I cant write to HO with any solicitor help and say I would like to withdraw the application to fly back home?
2. Since an overstayer as mentioned, do I cant apply for Tier 2?

Please verify this

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 12:44 pm

FLR Issue wrote:
Thu Apr 26, 2018 10:59 am
Hey
I came to this country on a student Tier 4 Visa and then I failed to find the sponsor for Tier 2 Visa. So I have applied for FLR(FP) application to gain a extra time to find a sponsorship. But my 1st FLR(FP) got rejected and then I applied for the 2nd FLR(FP), even that got rejected but I haven't received any formal communication letter from UKBA that my FLR(FP) got reject and should leave the country in immediate effect.
I got few things, that I am confused about:
1. If i go back to my home country, can i apply for Tier 2 VISA? (because i found the sponsor now to sponsor a tier 2 for me)
2. Also how many months break do I need to take before i apply for the Tier 2 Visa?

Please, Any advice would be much appreciate
Your posts are confusing. Has the second FLR(FP) application been refused or not???

If it has been refused already, there is no application to 'withdraw'.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 1:09 pm

Sorry not to confuse. 2 things here.

1. I came to know that my application was refused through the sponsor whom I found, they did the background check on my behalf.

2. I haven't officially received any letter from HO regarding the refusal directly.

Please let me know if it is not clear, will try to give more points

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Thu Apr 26, 2018 3:56 pm

Is this Forum got closed now.

I a m not receiving any reply from CR001

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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by CR001 » Thu Apr 26, 2018 4:01 pm

CR001 wrote:
Thu Apr 26, 2018 12:32 pm
Your first post you stated your second application was refused. If this is the case, you are an ovestayer.

You should wait for HO to write to you. They will likely retain your passport and only return it to you when you at the airport.
Char (CR001 not Casa)
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Re: FLR rejected for 2nd Time, Rights to work in UK

Post by FLR Issue » Fri Apr 27, 2018 8:59 am

Thanks for your replies CR001, I will confirm the outcome.

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