HSMP Expiry and letter from school to terminate education

[hass]

Hello All,

Just to share my expereince. I have received a letter from my son's school that unless I have note shown them the extension of my HSMP visa, they will terminate the school education for my son after the visa expiry date as he wont be eligible for free state education.

I was shocked to read how far the school could go. My situation is that I am here in UK for 4 years and 10 monhts. (HSMP Judicial review pre nov2006 - 5years settlement). I am due to apply for the settlement in 2 months. I have been in employment and paying PAYE taxes. Now I dont believe if they really could terminate my son education if I have not shown them the extended visa or ILR after the expiry date.

I know one of my friend who has applied for ILR under JR pre nov - 5year setllement and waiting for his reply since last 3 months.

Has any body else experienced this? What should I write to school ?

Regards

[Kishorbm]

I'm sure I've read it on a 'good reputable' website that schools are not allowed to discriminate kids on basis of gender, race, country of origin, religion etc. Schools should not be asking immigration history of the parents/child for purpose of admissions.
Here's the link. Contact school and warn them that you will take legal action if required!
Here is the link
http://www.direct.gov.uk/en/Parents/Sch ... G_10038421

[geriatrix]

Show the school authorities this UKBA document - which clearly states:

To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

and

Where an applicant's leave has been extended by sections 3C or 3D and the applicant wishes to work or set up in business pending a decision on the application, our advice should be that the section extends the time limit and maintains any conditions attached to the original limited leave.

Tell them that you'll be applying for settlement along with the dependants as and when it is due, and because of the legal provisions as described in the document, your (and your dependants') HSMP / PBS leave will remain extant while your settlement application is under consideration.

Tell them that if they intend to proceed with their unlawful plan of terminating your child's school education, you will be more than happy to initiate legal proceedings against the school.

[hass]

Thanks for your replies

[Greenie]

You should also remind the school that the local council have a legal obligation to ensure that all children living in its area receive full-time education, regardless of their immigration status and this quote comes from....the UKBA itself

I suggest complain to the governers of the school - they have acted appallingly

[hass]

Thanks that is really helpful

[hass]

Hello,

Thanks for you all for the help and support.

I have written to the the school with reference to all these facts.

They wrote back to me after consulting with coucil that the letter was sent in error.

Please ask if any body has received the same letter and I will be able to provide them assistance.

Thanks again.

Regards