In Trouble

[webhunter]

I am in the country on a WP, however my employment ended and P45 issued a month back.

I got my HSMP approval a few days back. Now I am wondering whether to apply for FLR or go out of the country and apply for EC

The problem with FLR is since my employment ended, I no longer have valid leave to remain ( though employment termination has not been informed to home office yet, but p45 issued).

Please advice, as I dont want to apply for a FLR and get rejected because of the above reason.

Could someone please let me know the options available.

Thank you very much.

[MWazir]

The only problem I see with the EC is that your ILR clock may be reset. If you have spent considerable time on your WP then that would be a real shame.

As it is only very recently that your employment was terminated, IMHO I would advise you to apply for FLR ASAP without any further delay, especially since you say your WP has not been cancelled. I think it was cancelled you would still have a month to leave the country so apply for FLR without any further delay.

[webhunter]

Thanks Wazir, You have been helping several people on this forum. I really appreciate that.

Just to add to my earlier comments, I am in the country on WP for only 2 months now and employment was terminated after the 1st month.

So there is no problem with the ILR clock being rest, It's just a matter of one month.

What I am concerned is, if they ask for the last month payslip or bankstatement I will not able to defend my case and then I will have to admit that I am job less for over one month. I am thinking it might be a big trouble and they may never let me enter the country. Instead of all this mess how about apply for EC.

[OR] Is it possible that I apply for FLR and if they reject it (saying you have no valid leave to remain and hence can't switch) then can I go and apply for EC with the same Approval letter?

[MWazir]

The more time you spend pondering the more difficult it will be for you to get your FLR. At this point of time you still have valid leave to remain on an uncancelled Work Permit on which you were working until very recently. I dont know the consequences of a failed FLR. If you want to be on the safe side then go ahead with the EC.

[Jeff Albright]

I would say - go ahead and risk it, if you have the spare £335. It depends on whether your employer had filed the Notification of the End of Employment (or whatever it is called) and sent it to Work Permits UK, they may have forgotten it or did not get round to doing that yet. Apply now, don't wait.