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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2053
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi there,I was residing in the UK on a Tier 4 Student Visa

Resolved Question:

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

Submitted: 1 year ago.
Category: UK Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

Unfortunately you are in a very peculiar situation because firstly the home office have stated that your application was not received by the home office a few days after the expiry of your visa and secondly your flr o application was refused.

The reason the home office have kept your passport is because they do not want you to take your passport and get lost in the system again, they would also want to make sure that you leave the uk. Therefore they have not returned your passport.

I'm your case you have two options:

1. To submit an application for a tier 2 visa from inside the uk and explain the situation to the home office. You can then ask the company to write a letter explaining how important you are to them and that an application from inside the UK should be accepted.

2. You can prepare the application from inside the uk book the appointment in your home country and return to your home country and reapply as soon as you arrive home , this would be the quickest way to return to the UK. In addition an application from outside the uk would have a better chance of success.

You can try for option 1 and then if it is refused then you will have to go for option 2. But whether you want to opt straight for option 2 will be for you to decide.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hi there,


 


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.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

I'm respect of your passport, it will not be an issue as the home office have your passport so on the form it states if you are not sending your passport with your current application please state why, in the form you just tick the option 'passport is with the home office '. So not being in possession of the passport with not act as an deterrent to submitting an application. You may do so without a passport, you should also mention in the covering letter that the home office are currently in possession of your passport and that they should make arrangements to obtain the passport from the relevant department.

With regards XXXXX XXXXX evidence with tier2 applications this is mostly covered by the cos and the correct salary, you would need to submit the b1 level English certificate and also have the correct funds in your account for 90 days. This is the bulk of your application complete.

Am affidavit from you regarding your situation and a letter from the employer requesting the home office to grant you permission to remain in the uk should be sufficient. You may also include in your covering letter reasons why it will be difficult for you to return to your home country and submit an application for a tier 2 visa from there.

This is all you can do, the rest will depend on if the immigration officer views your application sympathetically or not.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Hi there,


 


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.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. You should get in touch if you wish to submit an application for tier 2 visa within 28 days if not then it would not make any difference to them.

2. You need to address the issue of your application arriving date as this may be disputed if the home office refused your Tier 2 visa, so yes evidence of date of submitting should be copied.

3. I'm respect of informing the enforcement team, what I suggest you do is submit an application for tier 2 visa as soon as possible and then inform them that you have submitted the application and will forward them a letter of receipt when you receive this from the home office, this would then inform them that they do not need to take any further steps in respect of removing you.

If you do not inform them then they may issues removal directions against you ie a black spot on your immigration history which you do not want. Now when they will do this I do not know, but it's better to be proactive and inform them before they take steps against you.

I am happy that you are asking questions, it's quite alright to be stressed after all there is a lot at stake and I suggest that you instruct a solicitor to ensure the application is spot on when it is submitted.

I hope this clarifies the matter.

Kind regards
UK_Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 2053
Experience: I am a qualified solicitor and an expert in UK law.
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