Enroute controller described a near loss of separation when a VFR aircraft awaiting an IFR clearance...

Narrative:

A king air 90 was IFR on his route to mlb at 10;000 ft. A piper saratoga called to pick up his IFR. I gave the saratoga his squawk code and started a track north of freeport since this is where they normally call to pick up their IFR. I continued to take care of other aircraft in my sector. My d-side mentioned the altitude as the 'conflict alert' went off and asked if I issued the saratoga 10;000 ft. I said no; just a squawk code. I then proceeded to give the king air the traffic call in case that was indeed where the saratoga was; but I had yet to radar identify the aircraft. The king air said that they had no contact and that they were IMC. When I issued the traffic; there was only 3 miles separation with a large overtake; and at the same altitude. I then asked the saratoga if he was level at 10;000 and that; if he was that it was not an approved VFR altitude; then I issued him the overtaking traffic. He said that he was trying to get to 10;500 but encountered a layer and decided to descend. However; while I was issuing all the traffic to both aircraft; his altitude never changed from the 10;000 ft. After there was finally altitude separation; and I felt like the danger was no longer imminent; I was able radar identify the saratoga. Even if pilots are anticipating on being issued their IFR; they should still remain in VFR conditions and at VFR altitudes.

Original NASA ASRS Text

Title: Enroute Controller described a near loss of separation when a VFR aircraft awaiting an IFR clearance entered IMC conditions close to an aircraft on an IFR clearance.

Narrative: A King Air 90 was IFR on his route to MLB at 10;000 FT. A Piper Saratoga called to pick up his IFR. I gave the Saratoga his squawk code and started a track north of Freeport since this is where they normally call to pick up their IFR. I continued to take care of other aircraft in my sector. My D-Side mentioned the altitude as the 'conflict alert' went off and asked if I issued the Saratoga 10;000 FT. I said no; just a squawk code. I then proceeded to give the King Air the traffic call in case that was indeed where the Saratoga was; but I had yet to RADAR identify the aircraft. The King Air said that they had no contact and that they were IMC. When I issued the traffic; there was only 3 miles separation with a large overtake; and at the same altitude. I then asked the Saratoga if he was level at 10;000 and that; if he was that it was not an approved VFR altitude; then I issued him the overtaking traffic. He said that he was trying to get to 10;500 but encountered a layer and decided to descend. However; while I was issuing all the traffic to both aircraft; his altitude never changed from the 10;000 FT. After there was finally altitude separation; and I felt like the danger was no longer imminent; I was able RADAR identify the Saratoga. Even if pilots are anticipating on being issued their IFR; they should still remain in VFR conditions and at VFR altitudes.

Data retrieved from NASA's ASRS site as of July 2013 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.

Attributes
ACN	1105763
Time
Date	201308
Local Time Of Day	0001-0600
Place
Locale Reference	ZMA.ARTCC
State Reference	FL
Aircraft 1
Make Model Name	PA-32 Cherokee Six/Lance/Saratoga/6X
Operating Under FAR Part	Part 91
Route In Use	None
Flight Plan	VFR
Aircraft 2
Make Model Name	King Air C90 E90
Flight Phase	Cruise
Flight Plan	IFR
Person 1
Function	Enroute
Qualification	Air Traffic Control Fully Certified
Events
Anomaly	ATC Issue All Types Deviation - Procedural Published Material / Policy

Enroute controller described a near loss of separation when a VFR aircraft awaiting an IFR clearance entered IMC conditions close to an aircraft on an IFR clearance.