FLR(O)

[Sanjay_Adhikary]

Hi,

I came in UK by Tier 2 ICT visa, which will going to expire on next Month end (will complete 5 years). But my daughter have some medical problem and was hospitalised and still now she is under treatment(suffering anorexia nervosa), doctor said she need continuous medical support for another couple of years which is not available in my country(India). So we came to know that we can apply to extent our visa using FLR(O). Can you plz advise on the same. Also if it has been extended, then am I eligible to continue my present job (I am a software architect), also may I join a new job here. Appreciate your help.

Regards,
Sanjay

[Frontier Mole]

As you are on Tier 2 ICT your employer is expected to return you back to your home country employment. If they continue to employ you then they will be subject to sanctions.

So the question is - are they aware of your intent to remain? Will they continue to employ you? If they do not want to draw attention to themselves under their Sponsor licence they are best to let you go. At that point you are unemployable as another employer is unable to offer you a full time role until your further leave is granted.

As for FLR (O) as a method to remain in the country post T2 ICT given the circumstances you have outlined. Expect a refusal as the treatment is available in your home country - it costs a fortune but affordability is not the issue when measuring wither treatment is available.

Please remember that there is a massive difference between possible and probable - many immigration legal reps will focus on the possible as it suits what you want to hear and of course suits them as they will earn handsomely from the application and the almost certain appeal process.

[Sanjay_Adhikary]

Hi,

Yes my current company is ready to sponsor me if possible, so plz let me know the current procedure or step for the next.

Regards,
Sanjay

[Frontier Mole]

Your current company can not sponsor you and if they do not terminate your employment they will very likely lose their licence.
How many other employees do they have that are sponsored?

As for your next steps - go a give the immigration legal rep your money.... and wait for your refusal.

[Sanjay_Adhikary]

Hi,

That means you are saying I have to have go and there is no other legal way that I can use, as our doctor strongly mentioned in their letter (we got from hospital consultant) that the new environment and new friend circle and the situation will set back her again in her initial stage which might be the life threatening or huge effect on mental, next year she will appear for GCSE, which also might bring her mental stress if she change the environment. Plz advice, we are really helpless and can't understand what we have to do.

Regards,
Sanjay

Moderator Edit : It is NOT necessary to keep posting your full name and surname on this very public internet forum!!

[Frontier Mole]

There is nothing to stop you from applyfor FLR(O) just don’t have any expectations of sucess. Your child’s medical condition is not a compelling reason to remain. Treatment is available in India and that is the sole determinant reason they will consider. You are applying outside of the rules as you know, a Dr letter is only that, it suggests a better way forward but that can equally achieved in India.

[Sanjay_Adhikary]

Hi,

Thanks for your reply, its really appreciated. Can you plz let me know more about LOTR and how it will fit in this case.

Regards,
Sanjay

[Frontier Mole]

I will leave the answer to others that are much more knowledgeable on LOTR - I have a bias against LOTR applications as they are the last bastion of the desperate and rarely,in my opinion, have any merit.

The circumstances you are describing have little merit and little or no chance of sucess. This is looking at it without emotion and in the full knowledge the treatment IS available in India. The Dr letter will not sway the HO nor is it compelling. It will not sway the court on appeal either as it is very weak as a base argument to begin with.

The only person to gain will be your immigration rep, lots of fees and empty promises of sucess.

During the FLR(O) application the stress you will be placing on your family especially after it is refused will be doing more harm than dealing with the situation and making an orderly return to India. But that is your choice.