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Tricky situation.. Please advice

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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nadeem_varsi
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Posts: 12
Joined: Tue Mar 23, 2004 2:45 pm

Tricky situation.. Please advice

Post by nadeem_varsi » Thu Mar 25, 2004 3:22 pm

I am in a tricky situation. Your input would be highly appreciated

I posted my HSMP document on Monday 8 Mar 2004. It looks like HSMP will take a more time till for my decision. I am on WP which is getting expired on 30 Mar 2004, i.e. next week.

Not sure if I will get any decision before that. I know we can stay around 28 days after the expiry, but what if the decision does not reach me even after 28 days after the visa expires, do I have to leave the country.

If after 28 days of my visa expiry I get HSMP decision refused, in this situation can my employer file my WP extension within UK or do I have to leave UK and get EC done in my home country.

Thanks in advance for help.
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gil
Newly Registered
Posts: 1
Joined: Thu Mar 25, 2004 3:47 pm
Location: London

Post by gil » Thu Mar 25, 2004 3:51 pm

I am in a similar situation - I am currently on a working holiday visa that expires soon. I lodged my application one week ago. Can I continue to work after the expiry of my visa if I have not yet heard back from the Home Office? I think I will be stuck in limbo land for a while.
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Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Mar 25, 2004 5:32 pm

I am in a similar situation - I am currently on a working holiday visa that expires soon. I lodged my application one week ago. Can I continue to work after the expiry of my visa if I have not yet heard back from the Home Office? I think I will be stuck in limbo land for a while.
An application for HSMP is also an application for a change of your immigration status. Until the application is decided you are legally in the UK even if the decision is after the expiry of your WHV. You remain under the same conditions of stay as endorsed on your ppt and in line with WHV - so you may continue in employment with the usual 'no recourse to public funds'.
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ford

To Kayalami...

Post by ford » Fri Apr 02, 2004 7:44 am

Kayalami,

I am in a similar situation,
My WP expires shortly and my under 28 incountry HSMP application is not yet assigned to any CASE worker.
My project has extended here and since I do not have the passport with me I cannot apply for an WP extension.

Please advise.
Thanks.
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ford

Post by ford » Fri Apr 02, 2004 7:49 am

Continuining with the previous post

Is it possible to apply for a WP extension while my HSMP application is being processed WITHOUT a PASSPORT and say get it stamped after i get my passport if there is any negative decision on my HSMP application?
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Joseph
Member of Standing
Posts: 349
Joined: Thu Aug 14, 2003 2:01 am
Location: London

Post by Joseph » Fri Apr 02, 2004 11:12 am

ford

You don't need to apply for a WP extension while your HSMP is being considered. You are protected under VOLO (Variation of Leave Order) and your current status is maintained until a decision is made. If the HSMP decision is negative, then you will be given 28 days to make a WP extension (or other) application or leave the country.

Joseph
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ford

Post by ford » Fri Apr 02, 2004 11:18 am

Thanks Joseph, that is quite a relief.
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