Get approval letter, question for FLR

[xiehuu]

Dear all

After long time waiting, I got approval letter from HSMP team yesterday.

Does any one know is it matter to apply FLR with current visa expired; the approval letter didn't mention this at all.

Here are the details:

Applied HSMP at 2ed of August 2004
Student Visa expired on 30 of August 2004
Get approval on 03/02/2005
In country applicant

Any ideas, Please help Thanks [/b]

[Chess]

Dear all

After long time waiting, I got approval letter from HSMP team yesterday.

Does any one know is it matter to apply FLR with current visa expired; the approval letter didn't mention this at all.

Here are the details:

Applied HSMP at 2ed of August 2004
Student Visa expired on 30 of August 2004
Get approval on 03/02/2005
In country applicant

Any ideas, Please help Thanks [/b]

Very tricky scenario - You should have applied for FLR-IED at the time of HSMP application (grey area applying for FLR-IED when VISA has expired despite having applied for HSMP whilst you had a valid VISA)

[xiehuu]

Thank you for replying, would you give me more details, I feel little bit confused. I have checked the FLR form, there is no category says FLR applicable to visa extension that caused by waiting for HSMP result or even closer option. The only five categories are listed as follow.

Highly Skilled Migrant Programme (HSMP)
Seasonal Agricultural Workers Scheme (SAWS)
Sectors-Based Scheme (SBS)
Training or Work Experience (TWES)
Work permit arrangements (WP)


So would any one kindly give me some suggestion, WHAT SHOULD I DO NOW, do I still send off FLR form as normal or attach a letter to explain what happened. Thank you very much.

[vp73]

as chess said - a tricky situation!

you have the following options:

1. In FLR (IED) write your current situation as HSMP and send it with the required documentation such as passports, bank statements etc.

2. Speak to your case worker and see if they can convert your In-country HSMP approval to an Out-country approval. In few cases it has been done. If this can be done then go to your home country and apply for EC.

The entire problem has started because of change of rules/laws in April 2004 where HSMP Application and FLR Application were made two separate processes.

While some may claim that once an application for HSMP has been made the applicant's status continues to be the same, this is not so. It is only after you have made application for FLR (IED) before your present leave to remain expires, your status continues to be the same.

Another thing to remember is - if you opt for option 1. above, please ensure that you have graduated from UK University because only students who have graduated are allowed to switch to HSMP.

Hope this helps

All the best

[rella]

xiehuu -- The most important question is did you finish your UK student programme? If you finished your programme, you should be eligible to switch visas. If not, you are not eligible and have to reapply for your HSMP from your home country.

The tricky part, of course, as pointed out by others, is the visa expiring in the meantime. I noticed that the HO recently added this in bold on the HSMP page:

For HSMP applications applicants will normally make the application to extend their leave to remain after the HSMP decision has been made. However, an application for HSMP is not treated as an in-time immigration application under Section 3 of the 1971 act. As such if your current leave is due to expire before a decision is likely to be made on your HSMP application you will need to take the following action. You should either contact us with a view to treating your application as urgent, or alternatively, submit the application on the FLR (IED) form to extend your leave in the UK before your leave expires. Such an application will be treated in accordance with the immigration rules at the time of submission.

What's really, extremely irritating about this is, my husband and I both contacted the HSMP team and the WP customer service team in April -- right after the HSMP had been split into two parts with the FLR being separate, and we were told that the HSMP is part of the FLR(IED) process and therefore, we would be legal while the HSMP was being processed. Now, they have changed the interpretation.

So... I don't know the answer and I doubt that they will.

Here's my advice -- take it for what it's worth... *If* you finished your univ programme, then go ahead and submit your FLR(IED) along with your relavent docs showing you graduated from the UK programme and see if they grant it to you. The worst case is reapplying from scracth for the HSMP from your home country and having to go back for entry clearance. I'm concerned about the same thing and I'm starting another thread in a minute about it.

2. Speak to your case worker and see if they can convert your In-country HSMP approval to an Out-country approval. In few cases it has been done. If this can be done then go to your home country and apply for EC.

VP-- do you know of any examples of the HO converting an in-country HSMP approval to out-of-country? I have not heard of one example and every time we have contacted the HO about the possiblity, they have said absolutely not.

thanks.

[xiehuu]

Thank you for everyone's common, yes I finished my Masters degree in London. I think I really need a good layer who can do me a professional cover letter for my FLR, so I can minimize my faulty.

Am I right, it is too much hassle to apply it back home. Does anyone knows good lawyer in London, or anyone here can do me this fever.