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Tier 2 Short term ICT extension applied as FLR (O)

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

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lakshmikanth
Newly Registered
Posts: 2
Joined: Thu Apr 04, 2013 5:58 pm
Location: Bristol

Tier 2 Short term ICT extension applied as FLR (O)

Post by lakshmikanth » Thu Apr 04, 2013 7:25 pm

Hello,

I was on a 6 month Tier 2 short term visa with current visa valid until 17 Feb 2013. I was due to make my return to my country in early January 2013, but with recent contract win; my company wanted me to stay back and apply for visa extension till mid of July 2013.

Company HR told me to fill up FLR (O) form and directed me to make a postal application with new CoS number details. I didnt knew there was other application for ICT extension nor did my company HR informed me.

I have made my FLR (O) postal application on 25 Jan 2013; on 31 Jan 2013 fee amount was accepted; on 18 Mar 2013 got a biometrics letter. Currently awaiting UKBA decision.

My concern over here is :
1. As I have applied as FLR (O) is there a chance of my application being rejected even after biometrics.
2. If my application is rejected, will I be getting back my passport or will I get a letter to re-apply

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Tier 2 Short term ICT extension applied as FLR (O)

Post by manci » Thu Apr 04, 2013 8:20 pm

lakshmikanth wrote:Hello,

I was on a 6 month Tier 2 short term visa with current visa valid until 17 Feb 2013. I was due to make my return to my country in early January 2013, but with recent contract win; my company wanted me to stay back and apply for visa extension till mid of July 2013.

Company HR told me to fill up FLR (O) form and directed me to make a postal application with new CoS number details. I didnt knew there was other application for ICT extension nor did my company HR informed me.

I have made my FLR (O) postal application on 25 Jan 2013; on 31 Jan 2013 fee amount was accepted; on 18 Mar 2013 got a biometrics letter. Currently awaiting UKBA decision.

My concern over here is :
1. As I have applied as FLR (O) is there a chance of my application being rejected even after biometrics.
FLR(O) was not the correct form. You should have applied for the extension on form:
http://www.ukba.homeoffice.gov.uk/sitec ... nform1.pdf


2. If my application is rejected, will I be getting back my passport or will I get a letter to re-apply
your application is likely to be invalid (rather than refused) because you used the wrong form but you will be able to re-apply within 28 days of the rejection. However, you will not be allowed to work while your re-application is waiting for a decision because you will be an ovestayer at that time. At present you come under section 3C and are allowed to work. UKBA will probably retain your passport.

If your application hasn't been decided yet there may be a possibility to vary it - wait for others to comment if this is an option under the circumstances

lakshmikanth
Newly Registered
Posts: 2
Joined: Thu Apr 04, 2013 5:58 pm
Location: Bristol

Post by lakshmikanth » Thu Apr 04, 2013 11:34 pm

Manci,

Thanks for your reply. I have some additional queries:

As I am on Tier 2 short term ICT visa which was issued to me on 17 July 2012, which meant that I could apply extension till 16 July 2013.

With the above mentioned scenario, what happens if UKBA's decision on validity of my FLR (O) gets delayed.

For example: If I recieve the decision of invalid status arrives say by end of April and if I re-apply say by mid of May (considering if I need to submit new set of documents with application) and if the new process takes me over say July month. What will happen to me and my passport.

If I recieve the decision of invalid status and if I re-apply will I be allowed to work until the new application's decision is made.

With so many risks involved what are the actions that I need to take if any of the above mentioned situation happens

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Fri Apr 05, 2013 8:04 am

As long as a decision on an application has not been taken the application can be varied. You could try submitting the correct form asap with a covering explanatory letter (and if the fee is more pay the difference).
Read page 33:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Your question about when you can/cannot work has already been answered.

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