Out of time submission of FLR(M) FORM

[bianworld]

Hello people, i am in a dilema here:

Basically, my initial leave to remain expires on 13th Dec, 2015, i sent my application via Document exchange (next day delivery) on 10th December which happens to be a Thursday with the expectation it will be delivered the next day. However, it was delivered on 14th December, a day after the expiration of my leave to remain.

My application was acknowledged on 17th December and a further letter was sent to me for biometric registration on 15th January 2016. My employer has done an employer right to work on me and has come back negative. Reason given was that i didnt put in an on-time application as my leave has expired.

My employers want to stop me from working. What can i do? As i believe i put in an on time application.

What is the law and what can i do in this instance? Factoring Home office has not given a decision yet on my application.

Your opinions are appreciated.
Regards,

[CR001]

Date of posting is the date of application.

[bianworld]

Date of posting is the date of application.

So i have heard however, why these negative response as regards my right to work based on putting in an out-of-time application?

Below is the email that was sent to me today:

Dear Sir/Madam

Thank you for your email.

I must advise that the Employer Checking Service can only respond to
employers based upon the information available to the team at the time
the check was undertaken. At that time a further application had been
recorded on the UK Visa and Immigration database but the application
showed as submitted on 14/12/2015. As your previous leave
expired on 13/12/2015 this application was considered out of time. I can
confirm that this remains the case today.

I must also advise that an application for further leave should be
submitted before the previous leave ends in order for the previous
conditions of the visa to continue.

I have raised your concerns with the appropriate team with regards to
the evidence you provided (page 25 of the attached document) for the
dispatch date of the application. It is not clear from this evidence
when it was delivered and we require proof of delivery to the Home
Office. What has been provided is not sufficient as the guidance states
that when delivered by a courier the application raised date is the date
it arrives at the Home Office.

If you could please provide further evidence of when the Home Office
received the application I can then raise this with the appropriate team
once again.

Kind regards

Amy Clark


What do i do? I cannot afford to be suspended from work. Please advise

[CR001]

You need to provide your proof of postage to HO to show you sent it before your visa expired.

Why did you wait till so late to submit?

[bianworld]

You need to provide your proof of postage to HO to show you sent it before your visa expired.

Why did you wait till so late to submit?

Prior to this response, i have mailed a copy of the dispatch document to them, however the application and supporting documents were not delivered until 14th according to the tracking, factoring 12th and 13th were sat nd sunday respectively. I sent my application by Document Exchange not Royal mail. HO seem to clasify Royal mail differently from Document exchange.

What are my chances here? Does the 28 days grace period apply in the worst case scenario?

If they claim my application was out of date, why acknowledged it and send me a document for biometric registration?

What can i do to avoid suspension at work?

And i applied at that time because i had to source for the application money and co. It wasnt easy!

Is thera document that tells when the application date is?

Advice needed