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SW Visa to FLR HRO

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

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samuelfrankj
Newly Registered
Posts: 1
Joined: Sun Aug 10, 2025 1:51 pm
India

SW Visa to FLR HRO

Post by samuelfrankj » Sun Aug 10, 2025 2:18 pm

I am a health and care worker Visa holder under skilled Visa category in the UK from May 2023 expiring January 2026, due to a police investigation I resigned my job with my employer who sponsored me under skilled worker visa category until police to complete the investigation, to cover my legal status in the UK applied for FLRHRO in May 2025 and submitted Biometric in June, beginning July 2025 police completed the investigation with no further action. Now the application for leave to remain has been refused by the home office beginning August and placed on immigration bail, but evisa shows valid till January 2026, I have attended few interviews and waiting for CoS discussion for H&C Visa, Please advise the next step to remain in the UK and switch over.

secret.simon
Moderator
Posts: 11503
Joined: Thu Feb 21, 2013 9:29 pm

Re: SW Visa to FLR HRO

Post by secret.simon » Sun Aug 10, 2025 4:09 pm

You might have dug yourself into a hole by trying to use FLR HRO to extend your leave. Anecdotally, from some cases seen on these forums, it seems the Home Office is cracking down on people who use FLR HRO to extend leave without actually being eligible for it.
samuelfrankj wrote:
Sun Aug 10, 2025 2:18 pm
Now the application for leave to remain has been refused by the home office beginning August and placed on immigration bail
Being on immigration bail means a hard No to Skilled Worker visa. I think that route is now closed for you, regardless of whether you have a CoS for the role or not.
Immigration Rules - Suitability requirements for a Skilled Worker wrote:SW 2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that period of overstaying will be disregarded; or
(b) on immigration bail.
As you are on immigration bail, you automatically fail the suitability requirement. Note that this is not at caseworker discretion. It is a mandatory ("must" be met) requirement/block.

Who advised you to apply for FLR HRO? Was it a solicitor? Given the explicit language of the Immigration Rules, I wonder if there are grounds for you to make a complaint about the solicitor, even though that will not solve your issues with your immigration status.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Djsuccess
Diamond Member
Posts: 1176
Joined: Wed Jun 22, 2016 6:37 pm
United Kingdom

Re: SW Visa to FLR HRO

Post by Djsuccess » Fri Aug 15, 2025 5:19 am

samuelfrankj wrote:
Sun Aug 10, 2025 2:18 pm
I am a health and care worker Visa holder under skilled Visa category in the UK from May 2023 expiring January 2026, due to a police investigation I resigned my job with my employer who sponsored me under skilled worker visa category until police to complete the investigation, to cover my legal status in the UK applied for FLRHRO in May 2025 and submitted Biometric in June, beginning July 2025 police completed the investigation with no further action. Now the application for leave to remain has been refused by the home office beginning August and placed on immigration bail, but evisa shows valid till January 2026, I have attended few interviews and waiting for CoS discussion for H&C Visa, Please advise the next step to remain in the UK and switch over.
I know this is in hindsight now but it might be useful to others in the future
1. Depending on the nature of the investigation, you shouldn’t have resigned if your employer did not ask you to go and the police haven’t told you not to work. You continue working until the investigation is over
2. Many employers don’t inform home office immediately people leave and when they do, it can sometimes take a while before home office issues letter of curtailment.
3. You cannot apply for FLR HRO while the system showed you had a valid visa until 2026. Doing that immediately raised a red flag.
4. Once you are on immigration bail, Further applications will be refused. There appears to be an ongoing active crackdown on the misuse of FLR HRO and the fee waiver application. And rightly so. people are getting issued immigration bail easily these days.
Your immediate option might be to leave the UK and then try to reapply from outside. Please seek a proper legal advice on this.
And FYI, if you try to submit another application within the UK, there is a high chance that your passport will be collected and held. You will then be subject to removal etc. This happened to someone recently.
Again, please seek a proper legal advice.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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