Need advice and help urgently

[student-incountry]

Dear All,

My situation is very similar to Rella (Huge problem please help). I applied to HSMP in April and got approval in November. At that time I was in UK with a student visa valid until April 2005. There was no rule against switching and you were not required to finish your degree.

My application process took 6 months instead of 1 month advertised on their website. And in 1st of October, switching rules have changed. So you are required to finish your degree before applying to Leave To Remain in UK as HSM.

I applied to FLR in November 2004 as instructed in my approval letter. And I had refusal since I did not finish my degree. HSMP approval expires in April 2005 and I am not entitled to appeal because I still have a valid student visa until April 2005.

It is not possible that I finish my degree until April 2005. Simply not enough time. I had a serious job offer before FLR application and now I face the danger of losing it.

I can not understand why my HSMP related FLR application has not been processed according to immigration rules of April 2004. No changes in rules may be propagated back in time to nullify my rights coming from the HSMP application in April 2004.

I have send a formal letter (as a fax) to HSMP team to change my approval letter so that I may be able to do an EC application from my home-country. They did not confirm if they received the fax or not and when I sent them an e-mail I had an automated response saying all queries will be responded within 15 days. How can I be sure that they had the fax and it is being processed?

More importantly, I do not know what to do if they refuse to change the letter. Would you please provide advice? thanks in advance

Best regards,

[Chess]

I applied to FLR in November 2004 as instructed in my approval letter. And I had refusal since I did not finish my degree. HSMP approval expires in April 2005 .

Best regards,

Is that correct? - approval letter valid until April 2005???

I think phone WP and request them to re-issue letter so that you can apply for EC from home country

Gud Luck

[student-incountry]

Thanks for the reply.

Yes HSMP approval is valid for 6 months as far as I am concerned.

Calling HSMP team is a nightmare. they have only one number for case-specific enquiries and it is not a PBX line (0 114 259 1894). It is almost always busy. I tried maybe 20 times this morning.

[Chess]

Thanks for the reply.

Yes HSMP approval is valid for 6 months as far as I am concerned.

Calling HSMP team is a nightmare. they have only one number for case-specific enquiries and it is not a PBX line (0 114 259 1894). It is almost always busy. I tried maybe 20 times this morning.

HSMP approval letter is valid for 3-months....



Keep trying with the phone to get hold of HO... To fail to try is trying to faill

Good luck

[rella]

student-incountry- I sent you a couple PMs.

So for you immigration experts -- should we ask HSMP to make our new approval letters for EC (instead of FLR) out to our British addresses or to an address in our home countries? (.... assuming that they will give out new letters...)

And how would you best frame this case for the EC officer to give us the best odds of getting our ECs through?

Ah... never a dull moment in the British immigration system!

[Kayalami]

So for you immigration experts -- should we ask HSMP to make our new approval letters for EC (instead of FLR) out to our British addresses or to an address in our home countries? (.... assuming that they will give out new letters...)

UK address.

And how would you best frame this case for the EC officer to give us the best odds of getting our ECs through?

Not sure I understand your Q? ECO will check you meet the rules for this class of EC including the possession of an approval letter - he/she won't likley be bothered how you got it but rather that its bona-fide.

Ah... never a dull moment in the British immigration system!

Give me the Home Office anytime - the DHS (ex INS) is a nightmare ranging from:

1. Rude IO's at US POE's - they have had to issue public apologies for persistently mistreating bona fide visitors..especially pre-valent on West Coast.

2. Excessive fees - it cost 1,500 USD for an H1B.

3. Quotas - 65,000 H1B's p/a

4. No employmet rights for derivative (dependent) visas e.g. H4

5. Most employment based visas do not lead to US residence rights nor does living in the US legally for long periods e.g the UK's 10 yr concession.

[rella]

And how would you best frame this case for the EC officer to give us the best odds of getting our ECs through?

Not sure I understand your Q? ECO will check you meet the rules for this class of EC including the possession of an approval letter - he/she won't likley be bothered how you got it but rather that its bona-fide.

Guess I'm worried that incountry-student and my DH have student visas and orginally had in-country HSMP approvals. It seems that the EC officer may state that we should be getting FLRs and not be sympathetic to rule changes preventing it. Isn't EC normally for those who haven't lived here yet or are there many cases of where people who are settled here have to go back to home country for various reasons and apply for EC?

Give me the Home Office anytime - the DHS (ex INS) is a nightmare ranging from:

I agree with you about this. Our friends have had some horrible problems dealing with U.S. Immigration.

And the way that some visitors have been treated is absolutely shameful. I have American friends here in the UK, whose British spouses refuse to travel back to the US to visit any more.

Also-- there's the problem with student visas being granted these days and/or int'l students not wanting to bother with the hassles. The US universities are extremely worried about a sharp decline in foreign student enrolment.

I explained to a friend who recently got US citizenship how you can get permanent residency here in the UK in just 4 years and citizenship in only 5 years. She was floored.

But, all these HO rule changes, certainly make for some hair-raising excitement for some of us, as well as a never-ending stream of questions for the mods!

[student-incountry]

Dear All,

This is an excerpt from the immigration law Chapter 5 section 11 about EC and LTR of HSMP holders.

http://www.ind.homeoffice.gov.uk/ind/en ... 11HSMP.pdf

4. LEAVE TO REMAIN IN THE UNITED KINGDOM UNDER TERMS OF THE HIGHLY SKILLED MIGRANT PROGRAMME
4.1. Switching
Mar/02 CH5 SECT11 – HIGHLY SKILLED MIGRANT PROGRAMMME
♦ The presumption is that those seeking to enter will obtain prior entry clearance. In order to enforce this applications by those in the United Kingdom as a visitor or other short term capacity will not be considered. Any applicants are to be informed that they must obtain prior entry clearance and applications must be refused without substantive consideration. The refusal will reflect fact that those in UK as visitors or other short term capacity must return to their country of residence and seek entry clearance in order to enter under HSMP

♦ Those in the United Kingdom with current leave in a category leading to settlement can make an application to switch into the category and will be considered in the same way as those who apply for entry clearance.

♦ Furthermore, those with current leave as students who are graduating from an UK Higher Educational Establishment, or are Doctors completing their post graduate training in the NHS may apply to switch status.
♦ The exception to above rule is those whose period of study or training has been sponsored by an overseas government or institution. No substantive consideration of such applications can be made and refusal should reflect this fact.

Probably this law has changed now and you should not be graduating but graduated in order to switch. But general principle of law says that if you are refused because you are not belonging to one of the exception categories and you are a visitor then you can not switch so you should come back to your country and seek EC.

If this basic principle is still within the law,maybe there is no need to any change in HSMP approval letter. The law already says us what to do. What are you thinking about this?. All your comments would be appreciated. Thanks in advance

Regards,,

student-incountry

[rella]

Dear All,

This is an excerpt from the immigration law Chapter 5 section 11 about EC and LTR of HSMP holders.

http://www.ind.homeoffice.gov.uk/ind/en ... 11HSMP.pdf

4. LEAVE TO REMAIN IN THE UNITED KINGDOM UNDER TERMS OF THE HIGHLY SKILLED MIGRANT PROGRAMME
4.1. Switching
Mar/02 CH5 SECT11 – HIGHLY SKILLED MIGRANT PROGRAMMME
♦ The presumption is that those seeking to enter will obtain prior entry clearance. In order to enforce this applications by those in the United Kingdom as a visitor or other short term capacity will not be considered. Any applicants are to be informed that they must obtain prior entry clearance and applications must be refused without substantive consideration. The refusal will reflect fact that those in UK as visitors or other short term capacity must return to their country of residence and seek entry clearance in order to enter under HSMP

These instruction notes are not always very clear. It sounds like in the case an FLR is not granted, that the person can return to the their home country for EC, but I'm not exactly sure what is meant by these instructions. This was written in 2002, when FLR and HSMP were sent in together, so I don't know what they would have done in the case that they approved the HSMP, but found the person not eligble for FLR. Has anyone heard of a case like this prior to April 2004 when they changed the rules?

I was trying to read the law last night, but couldn't get the HO servers to work for some reason. But, they seem to working now. Here's the law about entry under HSMP:

(http://www.ind.homeoffice.gov.uk/ind/en ... ion_1.html)

Requirements for leave to enter the United Kingdom as a highly skilled migrant

135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:

(i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and

(ii) intends to make the United Kingdom his main home; and

(iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a highly skilled migrant

135B. A person seeking leave to enter the United Kingdom as a highly skilled migrant may be admitted for a period not exceeding 12 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 135A is met.

Refusal of leave to enter as a highly skilled migrant

135C. Leave to enter as a highly skilled migrant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135A is met.

------------------------------------------------------------------------------

So... I guess the question is, how is this part interpretted:


(i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme;

Do the in-country HSMP approval letters fulfill this requirement?

I guess that's the big question for using these letters as they stand for EC. Kind of scary to think about leaving the UK to go to home countries -- because if EC is not granted, then you can't get back in to your home!

[student-incountry]

Dear Rella,

Leave to Enter is something different. As far as I am concerned, this is the decision that Immigration Officer gives when you are in the border trying to enter UK. Normally you are expected to have an EC(Entry Clearance) from the consulate in your home country before having Leave to Enter. If you have a valid EC, you will be given Leave to Enter in the border unless there is something extraordinary.

The problem is to obtain EC given to you by the consulate acting as Secretary of State. This is the document referred in the law (you highlighted it in red)

I think I will ask about this policy to Consulate in Turkey by e-mail. It clearly states that people who are not given LTR should go to their home country and seek an EC. I dont understand why this is not applicable to our case. I recommend you to write an e-mail to UK consulate in US about this. So we can inform each other about the outcome.

Other people in the forum , would you please send your opinions as well. This is really important This policy is the only written one that I could find and I think this should be applied to our case.

Cheers

Student-incountry