Student visa expired / Work Permit / FLR(IED)

[cHRISTOPHE delon]

Dear friends,

I was still on my student visa when i got a job offer. My company made all necessary procedures to obtain 60 months work permit. But unfortunately by the time the work permit was granted , my student visa already expired by a month. My company nevertheless filed my FLR(IED) application.
My question is, whether i stand a chance of getting my work permit visa?

Thanks for youy help.

[sah10406]

No. Even if you can show you have a degree, and can therefore switch from student to work permit holder within the UK, your application was out of time and will very likely be refused for that reason alone.

You may wish to avoid a refusal by withdrawing the application and leaving the UK. And if you have overstayed in the UK without valid leave for more than a month, this in itself could be a problem for future applications.

That should have been your decision and responsibility to send (or rather, not send) the FLR(IED) anyway, not your company.

[egg yolk]

Technically speaking, you are allowed 28 days from the expiry of your leave to either re-apply for leave to remain in any category or leave the country. But sometimes, the HO will just let go.

It will be useful to call them and enquire. Board member's views here will only provide you a direction, ultimately the outcome lies in the hands of the HO.

[cHRISTOPHE delon]

Thanks for sharing your views on my situation.

But i`m still confused.

One is telling me to leave uk right now and the other says that i can still be in UK within 28 days

[egg yolk]

As I said members provide their views here and you need to call HO and enquire and not just rely on member's views here. Sometimes not even the best solicitors are certain of the course of action HO can take.

[sah10406]

Thanks for sharing your views on my situation.

But i`m still confused.

One is telling me to leave uk right now and the other says that i can still be in UK within 28 days

No, we are both saying the same thing. Yes, you have 28 days, but your original post says your student visa expired a month ago, and you did not make a FLR application in time, so I was assuming that the 28 days had already passed.

[kereicha]

Hi there, I am very interested in this concern as well. I am currently in a similar situation. My FLR has expired, but I was never on a student visa. I was on a work permit/FLR that was sponsered by my employer. I was under the impression that I had to get in in my August but it was actually July and I have passed my date. Do I also have 28 days to re-apply or do I have to leave?

Thanks very much!

[sah10406]

You have to leave, sorry.

[kereicha]

Thanks very much for this. Will I be allowed back in the country? For example, if I contact the British Consulate when I am back in the US and they work with my employer to set up an entry clearance visa based on a work permit, will I be allowed back in to work?

Thanks again... really helpful.

[kereicha]

One last question. If my work permit is still valid (i.e. my company has a work permit for me on file still in date) and only my FLR has expired, will I have any chance of re-applying?