late submission of FLR(IED)

[shahrahulk80]

hi guys!!!

Please guide me what will be the out come,

I have submitted my FLR(IED) after one month of expiring my visa...i didnt knew the rules and was waiting for work permit to come from my employer..... when it came it was one month on the top of my visa expired....... i contacted visa enquiry line and they told me that i can apply with an coving letter by stating the reason......i applied one day before christmas...... please guide me what happens in such cases....

whether i have to go back or they will cancel my work permit or what will happen i am very much tensed.......does any one got something to share please share it with me....... and how long do they take to take a decision on FLR(IED) usually and how much in such cases....

thanks in advance

[stedman]

You've submitted the application, it's out of your hands now... just wait and see what they say. Technically you're an overstayer but it's up to the caseworker to consider your individual circumstances and make a decision based on them.

Your "overstaying" may rear its head up again when you apply for ILR but one thing at a time!

[shahrahulk80]

thank you for the reply....

but what usually happens in over stay cases.....or it entirely depends on individual person who handles the case? pls inform me regarding this

[stedman]

It depends on so many things - your previous immigration history, the job you're doing, the person dealing with your case... there are no hard and fast rules. You just have to wait and see... I know someone who overstayed for years, he had no grounds for an extension after his student visa expired so just stayed on visa-less for a few years and now he seems to have got himself HSMP, goodness knows how! You have a valid work permit so you're in a much better position than he was - if they saw it fit to give him HSMP after overstaying for yonks I'm sure you'll be OK.. just wait and see what they say.

[shahrahulk80]

thanks......

i recieved reciept from the home office......saying they have processed the fees and my file will be handed to the team who checks the file for proper documentation and if it is fine the normal process time they are taking right now for 70% files is 4 weeks and 90% file in 9 weeks...and if they have some query they will send and letter stating the reason.....

anyhow i am planning to seek advice from an solicitor, to be on safe side.........what do you recon abt that.......

ta....

[principium]

Hoo-hooo,

I do not understand what is the problem here. Your company applied for a WP before your previous FLR expired, did not it? That's the main thing.

[ib]

my exact situation

[Jeff Albright]

It depends on so many things - your previous immigration history, the job you're doing, the person dealing with your case... there are no hard and fast rules.

There is one hard rule, I am afraid. One can only make an in-country application for further leave to remain in the UK if they have a valid leave to remain. If they do not have a valid leave to remain at the moment of application, any in-country application will be unsuccessful unless in exceptional circumstances. If one believes they have those "truly exceptional circumstances" an application has to be made to General Casework Group at the Home Office and will be treated as "ouside the rules".
Forgetting about the expiry date of the visa does not count as "exceptional circumstance" of any kind.

You just have to wait and see... I know someone who overstayed for years, he had no grounds for an extension after his student visa expired so just stayed on visa-less for a few years and now he seems to have got himself HSMP

Myself for example, except I have not had a student visa that expired.

, goodness knows how!

No binome da Newton. Very easy. Anyone can obtain HSMP or WP approvals if they meet the skills assessment criteria and it is nothing to do with their immigration status in country or out of country. Meeting the requirements of Immigration Rules is the second stage process.
The two departments Work Permits (UK) and Managed Migration Directorate even have no common database to counter-check the data even if they wanted to. The Caseworkers can only physically telephone each other to get this information.


Best wishes

Jeff

[ib]

Thanks Jeff well as i said i have applied for it so fingers crossed, if i dont get it here then i guess its back home, but to be perfectly honest everything is out of the individuals hand especially as the HR applied for the work permit it could have been that the was a delay at WP UK in issuing the work permit ( this company applied for quite a number of permits in over the last 2 months)!

I know my chances are very slim but what was i supposed to do how do you push an employer to act fast with the assessment process, reviewing the contract and then applying for a work permit (one has just got to be happy and grateful in the first place)

and then again by some poor policy making segs is extended this year to everyone omitting people like me that have excelled at my MSc and graduated in March 2006 (exempt as course is not on the list for last year)


also here was a response from the customer enquiry team


"Thank you for your email,

All I can advise you that we will consider your case on it's individual merits
and it will be at the disscretion of the caseworker considering your case. If
you require you passport back rapidly to start work I would suggest downloading
an urgent treatment form from www.workingintheuk.gov.uk/all_forms and faxing it
to 0114 207 6017

Kind Regards

WPUK"


so as it goes people like me fall into a grey area of the immigration controls and i have been in UK 6 years gaining the finest academic qualification, hence why go home and get an out of country work permit


i think my case is just at the mercy of common sense rather than rules!

[Jeff Albright]

Thanks Jeff well as i said i have applied for it so fingers crossed, if i dont get it here then i guess its back home, but to be perfectly honest everything is out of the individuals hand especially as the HR applied for the work permit it could have been that the was a delay at WP UK in issuing the work permit ( this company applied for quite a number of permits in over the last 2 months)!

No worries...
But this is why the rule states that you MUST submit your FLR(IED) application 1 month before your visa expires no matter whether your WP has been approved or not by that time. They will hold on to your application until your WP has been approved. Once that is done, your FLR(IED) will be stamped in your passport and returned to you. If your WP is refused, your FLR(IED) will also be refused.

i think my case is just at the mercy of common sense rather than rules!

Sorry mate, but it has been proven that COMMON SENSE does not work when it comes to the Home Office departments.

[ib]

No shit excuse my language but a mate in exactly the same situation has me just called me now and said he got his done at the Home office, he said there was stress ( they told him that it cannot be done in the same day) but he kept at it talking to the indian guy downstairs at Croydon and it was done!


wow, this has just stunned me, what the hell is going on, i repeat we are in the same situation and in the other case i pmed the guy and he said he was given his visa in 5 days (but well his was way back in December)!




Thanks jeff again, i appreciate how your following up on my case.

[ib]

First of all i would like to thank the Almighty God for his divine mercies, i was woken up by my brother today and in his hand was a package from Sheffield so eager to open i ripped one of the less important documents.


I rushed for my passport and there it was my approval till SEPTEMBER 2011, my heart went numb, i knew i had a case and it was worth it, i would just like to say Thank God and word of advice please dont be like me keep your immigration status in fine condition.



Thanks Jeff, justyy and sha80 i guess common sense still works