Questions about NEW app with current approval

[rella]

Ok.... I'm really stressing out about all this. I hope that some of you will have some insight to help us figure out how to fill out the new application. We're working on it now and were hoping to post it tomorrow.

Quick recap for those who don't know the story. Hubby applied for HSMP in April and had to wait until Nov to get approval. By then visa-switching rules had changed and wouldn't allow thim to get an FLR -- so we're stuck with a totally useless HSMP, that is good through May. So, we decided to reapply out-of-country with a fresh application and this is what I have questions about.

First-- since he has an HSMP good through May, I'm assuming we can stay in the country until then and send in an FLR if necessary (if don't have a new approval back), because that is what they instructed in the HSMP letter. So, we have not left the country. The student visa also runs through 2006 and HSMP said that we could remain until then - though I disagree with that, since my husband left his programme.

Ok... now to the questions about the application... So, we are using his mother's address on the new application as our out-of-country address. Is this ok? The problem is where the application asks for the country of legal residence. We are legally resident here. Are you also legally resident in the home country? If we state the UK as our legal residence, then they will not consider it an out-of-country application is what I'm assuming and then we'll be back to where we are now, with a useless HSMP approval. So, the only option I can see is stating the country of legal residence as the home country. Can anyone see a problem with that?

The other issue is where to have docs mailed to. If they go to our home country, it adds on another 10 days or so and increases the chance of getting lost. If we list me as the legal rep and our home address here, then will that set off any red flags at the HO, since this is the same address listed on the previous, successful in-country application?

We cannot afford to talk to this up, because we cannot possibly afford to move back to the U.S. and then move back over here again. So, we have to stay while this application is being processed and then return for EC if it's approved. Is there a problem with this? Can anyone see a problem with filling out the new HSMP the way I've described?

My husband thinks we should put the UK as his legal residence, yet apply for an out-of-country HSMP. I think this would cause a ton of problems and needlessly. What do you all think?

Please help, before my brain explodes...

Thanks, guys.

[lynn132]

Rella,
I think since you "always" as a US citizen have a legal residence in the US (to vote, etc.) you should go ahead and use that. Saying you're legally resident in the UK will definitely, in my opinion, raise red flags. Also, returning documents to you will probably also raise flags. They will have the previous application in your file and will see that the addresses are the same. It would defintely be bad if they see that and decide that in their opinion you might not be legal.
Have you considered using a friend in the UK (who doesn't share the same last name or address) to receive the documents back?
I cannot imagine the stress level you have, but I have a good feeling that this will all work out.
lynn

[rella]

Thanks, Lynn. Anyone else have an opinion about this?

I think we will just have docs mailed back to the U.S. It's easier that way. But, about country of residence.... My husband is saying we must put UK, which I think will cause nothing but problems. Has anyone else been in this situation or does anyone else understand the legality of all this?

If we do get through the HSMP part successfully again, then we have to try to figure out how to explain this all for EC... sigh... It will be pretty obvious that we have been in the UK, until we go back for EC. But, I'm going to put that part out of my head until we get to that point. First things first...

[JhonnyECU]

dear rella,

back in munich a few months ago, i tried the same move as you, when i directly asked someone in sheffield over the phone "if i could go to london for an interview and then USE a friends adress as my adress, since i will be livign with her there?" the answer was a NO!

i used germany as my country of residence, just bc i had to send all from there (german post will be quite evident on my envelope)...however i had a work permit there and i proved them that i was LEGAL in that country!

NOW, that i want to re-apply i will write Ecuador, as my homeland and place or residency!

i agree with my dearest lynn. you have a US pass, write US as your country of residence...and every adress!

please think that waiting a FEW more days for the post to arrive is nothing in comparison to being refused, right?

i wish i could give you TONS and TONS of advice, as you did with me...unfortunately, that is all i can say, from solid ground.

hope all works out just fine....

getting the EC shouldnt be a problem. those people want to know if you have been ILEGALLY in a country...if you prove them contrary, then no probs!

all the best...sorry i am just getting to know all this process...you are way further down the road as i am!

let me know if you need any help

jhonny

[Saint]

Rella, I submitted my application from my home country and as a result of a few things I was living with my parents at that time. I didn't supply any documentation about my residence (say rental aggreements or similar) and the application was accepted by the HO (not processed yet). I had a residence permit for another country at the same time but I was not actually living there. i.e. the fact that you have a visa does not always mean your legal residence is in that country.

My personal comments: I believe it is possible to apply as an out-of-country applicant from your home country. I don't have experience with this but from what I understand from various sources of information, the difference is in the visa and not the working permit - you have to go back to your home country to get it as an out-of-country applicant. As Jhonny also mentioned, with the question of legal residence, HO probably tries to find out whether you have the tendancy to live illegally in a country or not.

I know that my experience is not exactly answering your questions but I hope it's helpful.