Can I apply from inside the UK? Please help....

[darkcloud20]

Has anyone seen my previous post? Please help me Anyone please
I am thinking to apply for FLR. Will there be any problem in the future if I apply for flr? Please explain..
If I have a tier 2 job offer, can I apply for TIER-2 when FLR is pending or after flr approved? I am very confused...
If my flr is refused, will I be an overstayer automatically?
Please tell me asap...sorry, I have very short time remaining it's very very urgent please

[vinny]

keysersoze22 has already told you that they may refuse to grant you further leave to remain under Tier 4 (General), if you lack academic progress. It's also apparent in 120A.

Why do you feel the need to repeat the same question over and over again?

[darkcloud20]

Please address the issue of FLR...please

[CR001]

On what basis do you think you qualify for FLR?

Which category of FLR are you thinking of applying, there are more than one and each with its own criteria.

[darkcloud20]

On what basis do you think you qualify for FLR?

Which category of FLR are you thinking of applying, there are more than one and each with its own criteria.

Actually I need some more time in the UK to get a job offer from a company so that I can apply for tier 2 from within the UK. My 60 days is finishing within 1 week, I think.
I need around 1 month to get a job offer.
Can I apply for flr? (eg-FLR(O) )
What ground can I show in the flr?

If I apply for flr, can I apply for tier2 from inside the uk, when the flr is pending?

Will there be any problems in future applications because of my flr (for UK and other countries)?
Please let me know as soon as possible

[vinny]

My 60 days is finishing within 1 week, I think.

What makes you think that?

[sah10406]

Actually I need some more time in the UK to get a job offer from a company so that I can apply for tier 2 from within the UK. My 60 days is finishing within 1 week, I think.
I need around 1 month to get a job offer.
Can I apply for flr? (eg-FLR(O) )
What ground can I show in the flr?

You have no grounds to apply for further leave. Someone in your position needs to return home and apply for Tier 2 from there.

If I apply for flr, can I apply for tier2 from inside the uk, when the flr is pending?

If you did, and you want to later apply for Tier 2 before the FLR is refused, it would need to be a variation application. Whether you can do it is really a question for your Tier 2 sponsor. They need to know your current immigration status (which would be Tier 4 extended by way of section 3C), before they issue the COS to sponsor you. Given the spurious nature of your proposed FLR application, they may have a view about whether they want to be your immigration sponsor for another application in the UK. By having made an FLR application you would be raising flags to both your prospective employer and to the Home Office that you are an immigration risk, as you are giving the impression that your primary aim is to stay in the UK at all costs, regardless of whether you actually meet any specific immigration category. Harsh, but true.

Will there be any problems in future applications because of my flr (for UK and other countries)?

Look at the General Grounds for Refusal. This is the guidance for decision makers:

https://www.gov.uk/government/uploads/s ... _0_ext.pdf

[noajthan]

@darkcloud, you have now spent over a week now asking essentially the same questions.

That is one week you could have spent focusing on your Plan B.

Suggest look at the Netherlands for starters.
You can fly there easily by budget airline for under £50.

Almost everyone speaks English.
The Netherlands university system is world-class. There are bachelors and masters programmes taught in English.

Its very easy to get around the country by high-speed train.
Suggest check out some open days in a number of institutions.

How is Plan B shaping up (countries, institutions, programmes, costs, etc)?

[darkcloud20]

My 60 days is finishing within 1 week, I think.

What makes you think that?

I called my university and a staff told me that they informed the Home Office about my withdrawal on 26th April. Uni does NOT know whether my visa is curtailed or NOT. He also said that the uni gave my home address (my previous UK address, which is in the uni record) to the HO.

If I want to be on the safe side (NO overstaying), I have to count 60 days from 26th April. In that way, my 60 days finish on 24th June.
Am I thinking the right way?

[sah10406]

Am I thinking the right way?

No. See FrontierMole's previous reply Fri Jun 10, 2016 6:50 am

[darkcloud20]

If you did, and you want to later apply for Tier 2 before the FLR is refused, it would need to be a variation application.

Thanks for the reply. What is a variation application? Could you please explain?

Whether you can do it is really a question for your Tier 2 sponsor.

I talked to a Tier 2 sponsor. They do NOT have any problem as long as I have Valid leave. So can I apply for Tier 2 when my FLR is pending?

Will my passport be in the Home Office when my FLR is pending? If so, then can I apply for Tier 2 without my passport? I am confused.

Please help. Thanks a lot.

[sah10406]

This isn't working. You have more questions now than when you started this topic 7 pages ago, and unfortunately you are not understanding the basic immigration terms or concepts in peoples' replies. I strongly advise you to seek one-to-one in-person professional immigration advice.

[Casa]

This isn't working. You have more questions now than when you started this topic 7 pages ago, and unfortunately you are not understanding the basic immigration terms or concepts in peoples' replies. I strongly advise you to seek one-to-one in-person professional immigration advice.

I agree that we just seem to be going around in circles and getting nowhere. I have to admire the patience of everyone advising in this thread.

[Frontier Mole]

Good luck going forward.

I am ditching out of this thread as Casa points out patience has worn out for me.

[vinny]

If you satisfy the requirements to switch Tier 2, then apply for it directly. What's the point or need of applying under Tier 4 and varying it?

Once you are granted ILR, then there's no longer a cap on studying.

[darkcloud20]

Sorry Casa, sah10406 and Frontier Mole and other members. Actually I have NO intention to irritate anyone.

I talked to some immigration lawyers in the meanwhile, but they are giving misleading information, their opinions don't match with each other. I cannot afford to talk with a GOOD immi laywer.

You guys are my advisers. And I am veryy thankful to all of you.

[vinny]

I talked to some immigration lawyers in the meanwhile, but they are giving misleading information, their opinions don't match with each other.

The Rules are too complex and possibly incomplete. Even Ministers were caught out.

[darkcloud20]

I talked to some immigration lawyers in the meanwhile, but they are giving misleading information, their opinions don't match with each other.

The Rules are too complex and possibly incomplete. Even Ministers were caught out.

Hi Vinny and others,

Please help me with my further queries . And thanks a lottttt to all the members and this forum for all the helps so far. I really cannot afford a GOOD lawyer who can give me reliable information.

Vinny, I talked with my previous housemates several times, and they said they are "NOT" 100% sure about whether any curtailment letter came or not. So I still do NOT know whether my visa is curtailed or not (i.e. I do not know the curtailment letter date). And I obviously do not want to be a overstayer. So in order to eliminate the chance of overstaying, I am counting the 60 days from the date (26 April) when Uni informed Home Office. In that way, my last date is 24th June. (note: i am counting in this way just to be SAFE). So only 4 days remaining.

sah10406 said that if I want to apply for Tier 2 when my FLR is pending, then I have to make a Variation application. Vinny, could you please tell me what is a variation application? and how likely is it to get the Tier 2 visa if I apply before my Flr is refused (i.e. during pending Flr) ?

I need some more time (may be 1 month) in the UK to find a Tier 2 sponsor who will sponsor me. In order to stay some more time, is there any other option other than FLR ?

Please help me. My situation is veryy critical now.

[cs95tdg]

sah10406 said that if I want to apply for Tier 2 when my FLR is pending, then I have to make a Variation application. Vinny, could you please tell me what is a variation application?

The following material will help you understand what's meant by a variation of a leave to remain application. Page 11 - https://www.gov.uk/government/uploads/s ... ve-6_0.pdf
Page 57 - https://www.gov.uk/government/uploads/s ... es-v18.pdf

[darkcloud20]

sah10406 said that if I want to apply for Tier 2 when my FLR is pending, then I have to make a Variation application. Vinny, could you please tell me what is a variation application?

The following material will help you understand what's meant by a variation of a leave to remain application. Page 11 - https://www.gov.uk/government/uploads/s ... ve-6_0.pdf
Page 57 - https://www.gov.uk/government/uploads/s ... es-v18.pdf

Hi, thanks for your reply. In the second document (page 57), it seems clear that I am ALLOWED to make a different application when decision on another application is pending.
In the first document (pg-11), it seems a bit confusing. I don't know why the following two paras are NOT saying the same thing--

While the person’s leave is extended by section 3C they cannot make a new
application for variation of leave. This is because Section 3C (4) states:
‘A person may not make an application for variation of his leave to enter or remain in
the United Kingdom while that leave is extended by this section.”

But in this para, it says I CAN:

However section 3C (5) does allow the person to amend their existing application at
any time before it is decided by the Secretary of State. The application to amend the
existing application has to be a valid application. Where there is a difference in the
fee between the initial variation application and the amended application any
additional fee must be paid.

It seems like I am Allowed to make a variation application when my FLR decision is pending. But I am not 100% sure (sorry if I poorly understood ). Is there anyone who can address this point please?

[cs95tdg]

I don't know why the following two paras are NOT saying the same thing--

It appears that the contradiction you've noticed has been referred to in the following article. You may also want to take a look at the section 3C/3D legislation published - links below and amendments made over the years.

https://www.freemovement.org.uk/new-app ... -extended/

http://www.legislation.gov.uk/ukpga/1971/77/section/3C
http://www.legislation.gov.uk/ukpga/201 ... 21/enacted
http://www.legislation.gov.uk/ukpga/201 ... 62/enacted

Section 3C is to extend leave while you have a valid in-time application in progress, and 3D is to extend leave in the event your leave has been revoked/curtailed. So please look at what is relevant to your circumstances.

Google is your friend, if you have questions around these that would be your best point of search to begin. In case you haven't already made use of the search feature on this website, I'd highly recommend it to find further information or others who may have been in similar circumstances to your own.

I cannot really comment on your question around the FLR application you are proposing to make, as I cannot personally see valid grounds (or which category) for one based on the information you've shared here.

[vinny]

Note also Section 3C leave does not always protect during appeals, which may be relevant if you don't know whether or when your leave is curtailed or not.

[darkcloud20]

Hi everyone,

Actually I need 1 more month (or less) to get a Tier 2 job offer.[ Note: Tier 2 from within the UK does NOT need Resident Labour Market Test (RLMT). That means I have LESS competition. But if I apply from home country, there will be RLMT, so it will be extremely hard for me then to get a tier 2 job offer. Please correct me if I am wrong]. It seems that the chance of FLR being accepted is low, still I am thinking to apply just to buy some time (i mean the time HO will take to decide the outcome), and want to apply for Tier 2 from within the UK when the FLR outcome is pending. Do u know how long (approx.) may HO take to decide on my FLR application (eg-flr(O)) ?

The summary of my ground that I will show in FLR -- I did NOT find any tier 2 job offer YET. I want to apply for Tier 2 from within the UK because it will be easier for me to get a job offer from inside the UK (as there is NO NEED of Resident Labour Market Test (RLMT)). It will be Impossible (or almost Impossible) for me to apply for Tier 2 from outside the UK, because in that case I will NOT get a tier 2 job offer (as RLMT will apply when applying from outside the UK).

Can u please tell Is my ground valid? what do u think? and what may be the chance of my FLR being accepted?

If the above ground is NOT valid, could anyone please think of a valid ground (in my case) which I can put?

Please help me . Thanks a lot to all the members and moderators.

[cs95tdg]

This topic is now quite lengthy and has strayed away from its original purpose, which was to provide advise around student sponsorship.

As your questions are now more related to sponsored employment you may find it better to raise these under that sub forum rather than this which is for student tier 4 visas. http://www.immigrationboards.com/uk-tie ... red-visas/

As a starting point for tier 2 sponsorship, please see https://www.gov.uk/uk-visa-sponsorship- ... uitability

As far as I'm aware a rlmt is required for any job that's not on the shortage occupations list, but you may get more detailed information from other members under the tier 2 forum.

[vinny]

Topic moved to Tier 2 sub forum.