Timing for FLR (IED) submission

rella · Post by **rella** » Wed Apr 21, 2004 5:45 pm

It's not completely clear to me when the best time is to submit the FLR (IED). All the guidance says is after the HSMP application has been received.

Are most of you waiting until after you get a decision on the HSMP applicatoin or are you going ahead and submitting the FLR (IED) soon after? Any idea what the turn-around time is on processing of the FLR (IED)?

thanks,
rella

kawasaki1 · Post by **kawasaki1** » Thu Apr 22, 2004 10:44 am

From the IND website:

For Seasonal Agricultural Workers Scheme (SAWS), Sectors based Scheme (SBS), Training and Work Experience (TWES) and Work Permit applicants, the employer should have informed the individual that approval for an IED has been granted, so that they can apply for further leave to remain. Highly Skilled Migrant Programme (HSMP) applicants should have received an approval letter from the HSMP Team, Home Office. SAWS applicants should have received a work card from their SAWS operator.

If the individual has not received approval for an IED, their application for further leave to remain in the UK will be refused.

My guess from that last sentence is that you cannot get FLR until you have IED.... correct me if I'm wrong.

Hope it helps!

rella · Post by **rella** » Thu Apr 22, 2004 11:09 am

kawasaki1 wrote:My guess from that last sentence is that you cannot get FLR until you have IED.... correct me if I'm wrong.

Hope it helps!

Thanks. That makes sense, because otherwise Cannock would be sitting on FLR apps for weeks on end.

It's not clear in the HSMP guidance where is says:

You should not submit the FLR (IED) before you have fully completed and submitted the Highly Skilled Migrant application form. If you choose to submit both the HSMP application form and the FLR (IED) form together, you will not receive a refund if either part of the application is rejected..

In this passage from the HSMP guidance, there's no mention of how to notify Cannock once the HSMP is decided. It does make sense to wait until there's a decision and save yourself £121 if the HSMP is not approved and get to keep your passports during the processing of the HSMP.

rella

kawasaki1 · Post by **kawasaki1** » Thu Apr 22, 2004 11:29 am

If you choose to submit both the HSMP application form and the FLR (IED) form together, you will not receive a refund if either part of the application is rejected.

Yeah, I personally think that the fact that they say 'If you choose' means that you have the choice to send FLR after you receive HSMP confirmation (that is assuming you can stay legally by then and have the right for an in-country switch).

Good luck

rella · Post by **rella** » Thu Apr 22, 2004 11:38 am

kawasaki1 wrote:
If you choose to submit both the HSMP application form and the FLR (IED) form together, you will not receive a refund if either part of the application is rejected.
Yeah, I personally think that the fact that they say 'If you choose' means that you have the choice to send FLR after you receive HSMP confirmation (that is assuming you can stay legally by then and have the right for an in-country switch).

Good luck

Yeah... that's the worrying part...wondering if Cannock will be ok with a visa that expired after the HSMP app was submitted, but before the FLR (IED) is sent in. Argggh!

rella

kawasaki1 · Post by **kawasaki1** » Thu Apr 22, 2004 11:45 am

Ah, well in that case I think one of the more experienced people (Kayalami, Chess) could comment on that. As far as I know, once your FLR forms are received by HO and your visa expires after that, you are still allowed to be legally in the UK pending on their decision, but you'd have to look that up.

Toodles

rella · Post by **rella** » Thu Apr 22, 2004 1:32 pm

kawasaki1 wrote:Ah, well in that case I think one of the more experienced people (Kayalami, Chess) could comment on that. As far as I know, once your FLR forms are received by HO and your visa expires after that, you are still allowed to be legally in the UK pending on their decision, but you'd have to look that up.

Toodles

There's always confusion when the scheme makes some changes. Under the pre-April 1 HSMP scheme, both FLR and HSMP were submitted together, so with an expiring visa, a person would be covered. It does sound that if you submit the FLR prior to IED, that there is a big risk of being refused.... sigh.... The HSMP team and the FLR (IED) rules on the website don't seem to agree completely with each other.

I don't want to talk to this up, but I'm kind of unclear what to do. Now it makes more sense what the Croyden people said when I called them--that the HSMP app in itself is not a visa application and that applying for it does not give protection with an expired visa.

In our case, my husband is on a student visa, which is good until 2006, but he's leaving school, so his student visa is expired at that point. Does anyone know if the HO FLR caseworkers follow the rules to the letter, or if they would use a little leeway? I'm trying to think of the best way to present the FLR (IED), being truthful, but not getting booted as an overstayer. Any advice? I know that we have to state that my husband left school, even though our passports are stamped through 2006. It's not worth the risk to state on the app that they expire in 2006, with no mention of his leaving school and get banned in the process.

If the FLR is refused, can you still use your HSMP approval letter to leave the country and apply for entry clearance? Or does the entire process have to start all over again?

rella

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Timing for FLR (IED) submission

Timing for FLR (IED) submission