In Country WP Application

[buzwald]

I have been given conflicting advice by the IND helpline.. Hope you can help me here.
My current visa status is of a Student - this visa expires on 30th November 2004.
I have just been offered a job and my employer will be making the work permit application maybe on Monday or Tuesday(22nd or 23rd). Since it will take only 5 days for that decision I am not too worried about that.
Firstly - Do I need to make an FLR application? what is the difference between FLR and FLR(IED)?
If I do need to make an FLR application, what I am worried about is whether I need to wait for my WP letter from my employer confirming I have obtained the work permit, OR I can make my FLR application anyway, before that.
If it would take 5 days for the Work Permit decision - I am not left with much time for lodging my FLR, before my current student visa expires on 30th November.

The team at IND told me I could stay on - As long as my employer made the Work Permit Application before 30th November . They did not say ANYTHING about an FLR. So I am really confused as to whether I need this FLR at all or not?

If you feel I require to make an FLR application, and if I don't make it before 30th November 2004 - I will be an overstayer - then, would it be easier (considering the waiting times for FLR) to go to India itself and apply for Entry Clearance from there? instead of an FLR from here? Which one would be quicker and easier? My employer expects me to start work approx on 15th Dec!!

Please do advice as best you can.

Thank you.

[try-one]

I have been given conflicting advice by the IND helpline.. Hope you can help me here.
My current visa status is of a Student - this visa expires on 30th November 2004.
I have just been offered a job and my employer will be making the work permit application maybe on Monday or Tuesday(22nd or 23rd). Since it will take only 5 days for that decision I am not too worried about that.
Firstly - Do I need to make an FLR application? what is the difference between FLR and FLR(IED)?
If I do need to make an FLR application, what I am worried about is whether I need to wait for my WP letter from my employer confirming I have obtained the work permit, OR I can make my FLR application anyway, before that.
If it would take 5 days for the Work Permit decision - I am not left with much time for lodging my FLR, before my current student visa expires on 30th November.

The team at IND told me I could stay on - As long as my employer made the Work Permit Application before 30th November . They did not say ANYTHING about an FLR. So I am really confused as to whether I need this FLR at all or not?

If you feel I require to make an FLR application, and if I don't make it before 30th November 2004 - I will be an overstayer - then, would it be easier (considering the waiting times for FLR) to go to India itself and apply for Entry Clearance from there? instead of an FLR from here? Which one would be quicker and easier? My employer expects me to start work approx on 15th Dec!!

Please do advice as best you can.

Thank you.

Hello,
There are some changes to the switching categories, you need to be graduating :http://www.workingintheuk.gov.uk/workin ... eaflet.pdf

basically :A student and have successfully graduated at a UK higher or further education
institute; or
A postgraduate doctor or dentist or trainee general practitioner; or

Have you graduated yet?

If you have graduated you need to apply for FLR, you need the WP letter before applying for FLR and you need to apply for FLR before the current visa expires, usually 4 weeks. As you are tooo close to expiry date and it takes too much time to get FLR, I suggest you consider the option of taking a plane to india and getting the FLR there (EC in that case), just take the letter and you UK documents.

If you apply after the current EC expires, the FLR team could deny the application and future applications can be affected.

Additionally, take any advise from everyone with caution, for example, I'm not an immigration professional....and the WP team is not involved in the FLR granting of applications, they might say "not a problem, as long as the employer applies for the WP before the EC expires you are not an overstayer".... but, they are not involved in the FLR process and the FLR team considers that FLR should be applied before the current EC expires. WP does not really affect the "visa", WP allows you to request the "visa". WP and HSMP are documents required to apply for EC and FLR, but they don't change the requirements of EC.....

There are some discussions regarding section 3C and aparently it says that your EC gets frozen if you applied for FLR, until that application is decided.....but I don't think the WP application by your employer is covered by the 3c

[MWazir]

buzwald,

Even if your employers can obtain the work permit before the end of the month and you are able to apply for FLR(IED) just before the expiry of your current visa, that still leaves you with a problem - Its taking 13 weeks for FLR(IED) applications to be decided these days. That a very long wait and your employer wants you to join by the 15th of December.

Find out what all you need to get an Entry Clearence and if you have all the documentation. It might solve both the problem of an expired visa and a joining date as close as the 15th of Dec.

[f2k]

Yes you will need to apply for FLR. i think FLR(IED) is for further leave on the basis of an employment document e.g WP, HSMP. again look at the rules of switching carefully, it maybe be easy enough to get the WP (really is a couple of days) but you may encounter problems with FLR. the one option you should seriously consider is going to your home country and applying for EC from there, depending on were you come from this maybe the quickest and most convinient option, and depending on your status now, this maybe your only option. you dont have to go straight away only when you get the WP letter from your employer.

[Chess]

Buzwald,

I beg to differ with the advice given by other forum members.


So long as you have current valid leave to remain and apply for change of ststus (i.e from Student to WP) assuming that you graduated then you are NOT an overstayer.

Make sure your employer applies for a WP before 30th Novemeber. You CAN start working on 15th DEC before your FLR-IED is processed as a STUDENT visa on which you 'will still be using' up until your FLR - IED is processed allows you to carry on working.

God forbid - but if the WP fails then you have to leave

[f2k]

i dont think the main issue here is on overstaying, it is really mainly to do with switching and being able to work while the FLR is being processed. given that you need to start work on the 15th, i think the quickest thing to do will be to go to India for EC. I am not sure how the interim rules on l to remain would affect someone switching from student to WP. i thought that they were only for pple moving from one WP employer to another WP.

[buzwald]

Thanks everyone..

Checkmate, what you have said is "exactly" what the person at the helpline said. But at that time when I called, I didn't ask anything about the FLR because I didn't even know I needed one. Infact, this is exactly what I asked - I told her my current status of being on a student visa and it expires on 30th of Nov 2004 and said that " my employer needs to make a WP application on my behalf. Do I need to leave the country before the 30th of December if I have not received a decision on my WP" She said, "It doesn't matter whether you are given the decision before or after the 30th of December, you anyway do not need to leave the country - But your employer must make the application before 30th". Then I again clarified, and said "But even if my current student visa expires on the 30th of Nov 2004?". She said again "Yes, it does not matter - but you must make sure your employer lodges the application before the 30th"

So what you have said Checkmate is exactly what she has. I will again confirm this by calling up the helpline of the FLR team as well as the WP team on Monday.

The reason I am worried is I don't want to have an "overstayer" status.

Yes, it is true that it does take a lot of time for the FLR to be processed - But, my employer is Local Government Organisation ( They are a County Council), so they have said they will fax an urgent request form on my behalf as they really need me to join immediately - They have projects that need to be handled and I will be the sole person handling the projects. So it is imperative I start as soon as possible. I hope that they being a County Council will give me an advantage as regards the Urgent Request form.

Thanks

[buzwald]

I forgot to mention -
Yes, I have graduated from University - and have secured a Merit for my MSc.