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New tier 2 application while FLR application pending

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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tazind
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Posts: 4
Joined: Tue Jan 12, 2016 9:45 am

New tier 2 application while FLR application pending

Post by tazind » Tue Jan 12, 2016 10:06 am

My current tier 2 visa will expire on 18 March 2016. I will get another job offer (with tier 2) by July.

Now I am pregnant. I would not able to travel after 14 March 2016, as it crosses 36 weeks of pregnancy. Moreover, I have some pregnancy related complications. In addition, I cannot fly immediately after my childbirth. Therefore, I am planning to apply for a FLR on this ground on 15 March 2016.

Now my questions are-
1. FLR (FP) or FLR (O) – which one is more appropriate for me? I completed PhD, and I am living in the UK since 2010.

2. Can I apply for a new tier 2 while FLR application is pending?

3. If I can apply for new tier 2 while FLR application is pending, the cooling-off period of previous tier 2 will be applicable or not?

4. Will I be over-stayer, if I apply for new tier 2 while FLR pending?

Thank you in advance :D

iworker
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Location: Hampshire
Mood:
Pakistan

Re: New tier 2 application while FLR application pending

Post by iworker » Tue Jan 12, 2016 11:34 am

Since you will be on maternity leave, your employer must have extended your contract. They should hence be giving you a new cos and you should extend you current leave on tier 2.

tazind
Newly Registered
Posts: 4
Joined: Tue Jan 12, 2016 9:45 am

Re: New tier 2 application while FLR application pending

Post by tazind » Tue Jan 12, 2016 11:55 am

Hello iworker, I really appreciate your prompt reply.

My current job is contractual which ends at the end of February and my Tier 2 visa ends on 18th March. I was already notified by my HR that the contract won't be extended anymore and I received a termination letter as well.

Therefore, HR would not be able to provide me a new CoS and there is no possibility to extend my current Tier 2.

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: New tier 2 application while FLR application pending

Post by iworker » Tue Jan 12, 2016 1:44 pm

are u getting maternity pay? contract or permanent, the contract should have been extended to cover for your maternity leave.
The above will not stand correct, if you were not eligible for maternity leave due to short time with the employer?

tazind
Newly Registered
Posts: 4
Joined: Tue Jan 12, 2016 9:45 am

Re: New tier 2 application while FLR application pending

Post by tazind » Tue Jan 12, 2016 2:16 pm

Thanks once again.

I am with my employer since the beginning of March 2015. I am going to start my maternity leave at the end of January 2016. HR has informed me that I would get maternity pay until my contract ends (February 2016, for one moth) and would receive statutory maternity pay afterwards.

Additional I’d like to let you know that my job is externally funded and the fund stops at the end of February, therefore my contract as well.

Considering the above situation, would you suggest me to contact my HR once again to discuss the possibility of extension?

If you have any supporting document or link regarding contract renewal while on maternity leave, could you please share with me?

tazind
Newly Registered
Posts: 4
Joined: Tue Jan 12, 2016 9:45 am

Re: New tier 2 application while FLR application pending

Post by tazind » Tue Jan 12, 2016 9:13 pm

Hi, I have checked with my employer's maternity policy and they would not offer any extension if my contract ends during my maternity leave.

Therefore, could you please help me with the questions I mentioned in my first message?

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