Ask an UK Law Question, Get an Answer ASAP!
Hi there, I was residing in the UK on a Tier 4 Student Visa which was due to expire on the 30th of November 2012, during which I was working with my current employer who wanted to sponsor me. However, they didn’t have their Sponsor’s license ready at that time. I got in touch with a local solicitor who advised me to apply for a form FLR(O), which would ultimately be refused, but would buy me some time. My employers have successfully received their Sponsors license now, and are ready to issue me a CoS as well. The only problem is that the FLR(O) got refused and I received a letter this week stating this, and that I need to get in touch with my local enforcement office to arrange for my departure. The means of refusal is due to the leave to remain is being sought for a purpose not covered by the Immigration Rules. They've also mentioned that my application was made on the 2nd of December and my leave to enter expired on 30th November. But this is not true, I'd made the postal order and the application on the 30th of November itself. They've returned all my documents but haven’t they have not returned my Passport. I’m ready to apply for my Tier 2 Visa now as the solicitor had advised me, and also have maintenance of funds. My job position's advert has been put up by my employer, which is in terms with Codes of Practice stated (to pass a resident labour market test if required). I’m currently involved in a project within the company that I’ve really worked hard for, and I would regret it if I had to leave now. But ultimately, I wanted to stay here until November this year (if not longer), and my employers are happy with sponsoring me nonetheless. I thought that I should seek some professional advise before I ring the local enforcement office. I hope you might be able to give me some means by which I can still reside here or what my next steps should be so that I legally am able to stay back the longest period of time. Thanks in advance
Thanks for your prompt response. I'm willing to go for option 1 straight away, since this was the idea that the solicitor I met, asked me to follow. I wouldn't mind following option 2, but I don't want to particularly incur all the travel costs only to return now, since the majority of work I need to complete spans just 4-5 months.
However, I wouldn't be able to make this application (option 1) since I don't have my Passport with me? Also, I'm asked to contact the local enforcement office before the 8th of June, and they say that a failure to leave will result in enforcement action being taken against me.
Thus could you advise me on the exact procedure that I must follow in order to get this sorted without any issues. The letter from the employer would be no problem at all. I'm just concerned about the enforcement office situation, and lack of documents to make the Tier 2 application.
I hope you could give me a systematic plan to follow for this, and also mention a little bit in detail what I need to specify in any letters that I might need to attach to the UKBA.
I'll be more than happy to rate this as Excellent Service once I have all the information, since I feel that we're on the right track here.
Thanks once again.
Thanks once again for your prompt response and advise. It has cleared out most of my concerns, but I just have one final worry that I just need reassurance for.
It is regarding the contact with the Local Enforcement Office. Do I need to get in touch with them before 8th June, like it states on the letter?
Also, since my Tier 4 ran out on the 30th (as stated in the refusal) would this be grounds on which the Tier 2 application might be rejected? I have receipts of the date of application and postal order as of 30th November, but they still state that the application was made on the 2nd December. Would I need to enclose proof of this as well? Or should I leave this out altogether?
This is my biggest concern, that I might get into trouble due to the instruction that I need to contact them by the 8th of June. All the other criteria has been met (maintenance of funds etc). Shall I then make a Tier 2 application at the earliest? Or would you advise that I go through this with a Solicitor, or do you think it is not required? And finally, if I don't contact the enforcement office, what could be the consequences?
I'm terribly sorry to keep asking this over and over again. I just need to make sure. You have been very helpful to me so far, and I promise you that I will leave you an Excellent Service rating, once these doubts are cleared.
Thanks a lot.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).