Tier 4 Masters, FLR(hro), switching tier 2

[missiontier2]

Hello,

I have been on Tier 2 from August 2016 to 30th of January 2018. My employer, NHS needed more time to sort out their new licence. This caused a delay because they did not have their licence number. They say they will receive it at the end of February.

An Immigration advisor advised to fill out the FLR form to extend my stay and withdraw once my employer sorts out the licence and receives the sponsor licence number to apply for the tier 2 online.

I submitted on 30th of January. I chose FLR(HRO) due to outside immigrations rules for compelling and compassionate circumstances. Both the NHS head and the department of health finance director provided letters explaining the situation and fully supporting my work visa application. I submitted my academic reference from the director of University of London along with my other credentials such as degree certificates(BA, another masters from NYU).

My question is regarding withdrawing the FLR application. Does it need to be withdrawn in order to apply for the tier 2? If I withdraw, should FLR evidence be included in the tier 2 application to not be seen as an overstayer?
It seems the NHS needs more than 14 days so I am hesitant about withdrawing the first application. I also believe it is a legitimate application, not just to 'buy time'.

Advice would be appreciated.

[sah10406]

An Immigration advisor advised to fill out the FLR form to extend my stay and withdraw once my employer sorts out the licence and receives the sponsor licence number to apply for the tier 2 online.

Did the immigration adviser talk you through the logistics, potential problems and likely outcomes of doing this? While as someone formerly with Tier 4 leave you can in theory make a Tier 2 application as an overstayer within 14 days of withdrawing the first application, you must prove there was a good reason beyond your control why you could not apply on time. I am not at all sure that your sponsor not getting their license organised in time would be seen as a good reason.

What's more, if you took this action, you would be an overstayer from when you withdraw the first application. As an overstayer in the UK you would have no right to work, so you could not start your job until the successful outcome of the Tier 2 application.

I would also double-check with your Tier 2 sponsor that they are happy for you to make the application as an overstayer.

My question is regarding withdrawing the FLR application. Does it need to be withdrawn in order to apply for the tier 2?

No. You can do a variation of the existing application, but I would advise one-to-one immigration advice about, although maybe not from the person who advised you to withdraw the first application and apply as an overstayer.

If I withdraw, should FLR evidence be included in the tier 2 application to not be seen as an overstayer?

As advised, if you withdraw, you would be an overstayer.

It seems the NHS needs more than 14 days so I am hesitant about withdrawing the first application.

I think you may have misunderstood the 14-day window. It is 14 days from when you withdraw the application, not 14 days from the expiry of your original leave. Plus, as advised the cae worker needs to be satisfied you have a good reason for not applying in time.

I also believe it is a legitimate application, not just to 'buy time'.

I disagree actually, sorry. I would have advised you to make the Tier 2 application in your home country.

[missiontier2]

An Immigration advisor advised to fill out the FLR form to extend my stay and withdraw once my employer sorts out the licence and receives the sponsor licence number to apply for the tier 2 online.

Did the immigration adviser talk you through the logistics, potential problems and likely outcomes of doing this? While as someone formerly with Tier 4 leave you can in theory make a Tier 2 application as an overstayer within 14 days of withdrawing the first application, you must prove there was a good reason beyond your control why you could not apply on time. I am not at all sure that your sponsor not getting their license organised in time would be seen as a good reason.

What's more, if you took this action, you would be an overstayer from when you withdraw the first application. As an overstayer in the UK you would have no right to work, so you could not start your job until the successful outcome of the Tier 2 application.

I would also double-check with your Tier 2 sponsor that they are happy for you to make the application as an overstayer.

My question is regarding withdrawing the FLR application. Does it need to be withdrawn in order to apply for the tier 2?

No. You can do a variation of the existing application, but I would advise one-to-one immigration advice about, although maybe not from the person who advised you to withdraw the first application and apply as an overstayer.

If I withdraw, should FLR evidence be included in the tier 2 application to not be seen as an overstayer?

As advised, if you withdraw, you would be an overstayer.

It seems the NHS needs more than 14 days so I am hesitant about withdrawing the first application.

I think you may have misunderstood the 14-day window. It is 14 days from when you withdraw the application, not 14 days from the expiry of your original leave. Plus, as advised the cae worker needs to be satisfied you have a good reason for not applying in time.

I also believe it is a legitimate application, not just to 'buy time'.

I disagree actually, sorry. I would have advised you to make the Tier 2 application in your home country.

Thank you for answering my questions. May I ask what your background in immigration is?

Good to know about the 14 day window begins if the application is withdrawn.

I believe the application would have to be withdrawn because I submitted my passport and other documents. I believe these are needed for part of the tier 2 application process. Correct?

Are they able to locate these documents if I indicate there has been an in time application?

Unfortunately, My employer told me to make an extension a week before my visa expired not giving me too many options. It would have been a real issue to stop working, catch a plane, find accommodation, apply outside the UK under different rules such as a new salary qualification, and fly back to the UK 6-7 weeks later.

[sah10406]

Thank you for answering my questions. May I ask what your background in immigration is?

Exactly, I could be anyone. You should not be seeking or acting on immigration advice from random strangers online. I suggest you get one-to-one professional advice where you can raise all these issues.

I believe the application would have to be withdrawn because I submitted my passport and other documents. I believe these are needed for part of the tier 2 application process. Correct?

No. Ask your adviser about varying the existing application, not withdrawing it.

Are they able to locate these documents if I indicate there has been an in time application?

Yes.

[dfitz22]

Hi there, how did you end up making out with your application?