Need advice concerning new Oct. 1 rules

[rella]

I'm going to try to give a quick recap of our situation and then ask specific questions and hope to get some helpful input from the knowledgeable people on this board.

We submitted my husband's HSMP application on April 19 and it was received by them on April 20. We are currently living in the UK on a student visa. Since there was some ambiguity with the rules switching over at the first of April, we got conflicting advice from Croyden and the HSMP people. My husband withdrew from his postgrad program days after submitting the HSMP application. The majority of HO folks we spoke with said we were legally here, since a new application is in, but I'm wondering if that is really not the case, since an IED is not a visa application and FLR is not applied for simultaneously any more. So, I feel we are in a gray zone of whether we have a valid visa. The visa is set to expire in 2006, but of course, it is void at the point my husband left the uni. So, that is concern #1. At this point with the new stricter visa switching regs coming in on Oct 1, if the HSMP is not decided prior to that, we have no chance of staying, since my husband did not graduate.

In the meantime, he's been keeping his billed consultant hours within the bounds of part-time to stick with part-time work requirements for students, since the rules of his "current" visa should still be in force.

We are at a nail-biting point, since our lease is expiring and we are looking at moving 2 hours away to a new house. If we don't get a new visa, it will be extremely unpleasant for us financially and emotionally. So, I'm trying to determine if there are any back-up plans that might be feasible.

My husband's HSMP should be approved, since he has adequate skill and experience. He also has years of consulting work lined up, so there is no question of us being financially stable. Before the new visa-switching rules, I figured we could reapply if he were not approved and provide new evidence since he really does qualify. Now, we will run into the new Oct rules, which will make an FLR impossible to obtain after that point.

If this HSMP application is approved, but we don't get word back in time to apply before Oct 1, is it possible to go to our home country (U.S.) and apply for EC, when it was an in-country application? If not, then are there any other means to remain in the UK under HSMP?

If the HSMP is not approved and we reapply with more evidence, can we apply out-of-country, while still living in the UK under the student visa and then go to the U.S. and apply for EC from there? What do you all think our chances are of being approved for EC in that case?

Thanks for your help.
rella

[rella]

This is a follow-up to my first post.

Under the HSMP guidelines is this passage:

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APPLICATION PROCESS FOR THOSE LIVING IN THE UK

13.1 If you are currently resident in the United Kingdom and have current leave in an immigration category other than visitor, you may make an HSMP application on a HSMP(1) form directly to the HSMP Team in Doncaster, UK. The exception to this would be if an overseas government was sponsoring your stay in the UK and you did not have their written consent to extend your stay in the UK.

13.2 Those in the UK who do not fall into one of the categories set out above including those on temporary admission into the UK should return overseas and make an entry clearance application.

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Ok... so looking at 13.2... I'm wondering if the HSMP is approved, if it would be a better idea to go back to the U.S. and apply for EC there, rather than to risk not getting FLR approved? If the FLR is not approved, then can you still apply for EC from your home country?

With the long HSMP processing times and the recent announcement of the visa-switching rules going into effect on Oct. 1, I'm wondering how many in-country applicants will not get their HSMP decision until after Oct 1 and have to try to find an alternate route to going for the FLR. Would EC be a viable option for those people adversely affected by the change of rules?

Thanks,
rella