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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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my psw is expiring in 7 days i am not getting a proper tier

Resolved Question:

my psw is expiring in 7 days ( 10 FEB) i am not getting a proper tier -2 sponsor.... some one advised me to go on FLRO and find for a sponsor in meant time ...do u think its a viable option. i am presently working in a company would i be entitled to work while my FLRO application is in process. which would be unsucessful however ..it will give me breathing time to find teir-2 sponsor. what are the disadvantages of applying in such situation

Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question.

It is an option, but as you can appreciate I cannot advice you to submit an application to the home office which will have no merits.

If you were to submit an application for flr o prior to the expiry of your current visa then your rights would be preserved which means that your right to work and remain in the uk would be intact regardless if the application is successful or not.

If you did submit an flr o application to the home office then you would be able to continue undertaking work in the uk until a decision on your application is made.

The disadvantages would be that if you submit an application for flr o only for this purpose then it could affect your credibility ie that you would be seen as an applicant that is playing the system etc. Plus you would be spending time and money on the application that will be unsuccessful.

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 hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks for the reply ...but could you suggest me what other options i may use to get some time on my visa as i am in talks with some companies ...whereas my company where i am working ditched me in last moment hence i had been running out of time .....would an unsucessfull flr(o) stop me from entering the country in future.....and finally would be considered a overstayer if my application is rejected ...if i get to apply on tier -2 general.

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

You only option would be the flr o as your other options would include a tier 4 student visa for which you would require a CAS letter, so In your case FLR O would be the only option to extend your stay in the UK/

No an unsuccessful application would not hinder your chances of returning to the UK. Provided you do not overstay more than 28 days in the UK your entry to the UK will not be effected.

If your FLR O application is refused then you would be an overstayer but you would be given a 28 day grace period to either leave the UK or apply for another visa. If you overstay longer than 28 days after the refusal then it could impact your application whether submitted in the UK or abroad.

You should ensure that any application for FLR O is submitted before the expiry of your current visa.

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 hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

.....thank you so much.... my final bit......


 


(A) is there a way were my flro would be successful...kindly advise me to state any particular reason in my application which would make it successful.....i have seen its more for ancestry and various other factors but i came to uk in sep 2010 and was studying for 11 months after that on psw working ....


 


(B) how do ho calculate overstay....


 


visa expires on 10 feb ....intended to apply flro on thrusday 6/2/2014...


 


suppose a decision is rolled out unsuccessful by 28 feb .........would they count my overstay from 10 feb or 28 feb ...


 


and roughly whats the processing time for flro ( my solicitor is giving me a guarantee of 3 months ) in process time ...( time available for finding my sponsor )......as mentioned earlier can a good solicitor help me sort my teir - 2 if i find a sponsor....


 


thanks thats the final bit i am happy for all ur help...thanks for ur time .....

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. Its a pleasure.

1. In respect of your FLR O being successful, if the only reason for that is the fact that you are unable to obtain a COS letter from an employer then this unfortunately will not me sufficient for the home office to grant you an extension. If you had family in the UK or children or had already been given leave to remain on FLR O or been in the UK for 20 years, then yes this could have a chance of being successful.

2. Your time regarding overstay will be calculated from 28 February not 10 february.

3. I do not know how a solicitor can guarantee you that a decision will be made in 3 months, this is because it all depends on how complex your case is and how busy the home office is. It is impossible to state a time frame, but in my experience they can take longer than usual applications to decide but this is because most are complicated and need to be reviewed by a senior case worker. I have had FLR O decided in 1-2 months, so there is no guarantee. Please keep this in mind.

I hope this clarifies the matter, if so kindly rate my answer so i can get credited for my time.

Kind regards

Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my answer positively so i can get credited for my time.

Kind regards