HSMP refused and panicked about deportation - HELP PLEASE!!!

[rhubbie]

Hi there - I have just learned that my HSMP review upon my initial refusal has also been refused. I learned this through telephoning the customer contact centre and begging them to tell me as my Fresh Talent Working in Scotland permit expires next Friday - 17th August.

Because of the postal strikes my lawyer has yet to receive the HSMP refusal and the customer contact centre stated that the decision is still pending on my LTR application, though that will certainly be refused as well. Meaning, THEY STILL HAVE MY PASSPORT and there are postal strikes all this week and next.

The customer contact centre has stated that I 'unofficially' have 28 days to leave the country after my leave expires, and I need to stay until at least 6th September as that is the first flight I could get back. However, I called Immigration and Border control and they said that they no nothing about such a rule and if I overstay I will be refused entry if I come back. I was definitely planning on coming back in my lifetime as I have a boyfriend and friends here in Scotland. When I pushed Border control he said that they would not expect me to leave the same day as when I get the passport as that would be unrealistic. But I asked him what was realistic and he said 'obviously after the 17th you have no more leave to stay so you will be illegal'. I'm being run in circles. I want to comply, but have to stay to get my paycheck, my pension, and get my things in order and posted back home.

I have heard horror stories from other Americans saying that they overstayed their work permits by two days and have been refused entry after transatlantic flights twice just for visits. Is this likely to happen?

Help, any suggestions?!! Thanks!

[SYH]

I presume that the option to get a work permit is still being offered when people's HSMP has been rejected for renewal. Thus, I suggest you get your mule in gear and get your employer to begin the process of sponsoring you. Otherwise you really need to get your act together and prepare to leave when you visa expires.
As for needing to be here to get your paycheck, there is such a thing as electronic deposit and mailing the check to you.
Your pension can be arranged by long distance as well.
The only thing really is sending your things home, not fun to do in a rush but can be done.

[vinay shanthi]

I presume that the option to get a work permit is still being offered when people's HSMP has been rejected for renewal. Thus, I suggest you get your mule in gear and get your employer to begin the process of sponsoring you. Otherwise you really need to get your act together and prepare to leave when you visa expires.
As for needing to be here to get your paycheck, there is such a thing as electronic deposit and mailing the check to you.
Your pension can be arranged by long distance as well.
The only thing really is sending your things home, not fun to do in a rush but can be done.

if it was refused for a HSMP renewal then DO NOT APPLY FOR A WORK PERMIT AS SUGGESTED ABOVE, you will be digging your own grave. the same applies to anyone who was on old hsmp scheme. instead apply for AIT. before doing that contact www.hsmpforumltd.com ASAP for free help with AIT case. most cases going to AIT have been won by hsmps atleast the ones going through the forum mentioned below. i know of 20 cases and have seen the determinations of 4 of the cases.

i am not sure what the fresh talent scheme for scotland exactly is. so i am not sure the above advice will help you. but posted the reply seeing the advice given above

[SYH]

I presume that the option to get a work permit is still being offered when people's HSMP has been rejected for renewal. Thus, I suggest you get your mule in gear and get your employer to begin the process of sponsoring you. Otherwise you really need to get your act together and prepare to leave when you visa expires.
As for needing to be here to get your paycheck, there is such a thing as electronic deposit and mailing the check to you.
Your pension can be arranged by long distance as well.
The only thing really is sending your things home, not fun to do in a rush but can be done.

if it was refused for a HSMP renewal then DO NOT APPLY FOR A WORK PERMIT AS SUGGESTED ABOVE, you will be digging your own grave. the same applies to anyone who was on old hsmp scheme. instead apply for AIT. before doing that contact www.hsmpforumltd.com ASAP for free help with AIT case. most cases going to AIT have been won by hsmps atleast the ones going through the forum mentioned below. i know of 20 cases and have seen the determinations of 4 of the cases.

i am not sure what the fresh talent scheme for scotland exactly is. so i am not sure the above advice will help you. but posted the reply seeing the advice given above

thats ridicoulous, you don't even know why she was refused, nor does she, and you shouldnt tell her not to try to get a wp for your crusade, at least until you know why she was rejected. Her situation requires her to get some things tidied out so she isn't an overstayer

[gordon]

FTSS wasn't part of HSMP, so the relevance of AIT in the suggested context is difficult to discern. With no work permit pending, rhubbie is better off just getting out of the country asap (perhaps even arranging the removal, flat closure, and the payments/pensions from abroad) and then perhaps re-applying for HSMP from the US. It's difficult to evaluate the technicality that might have caused the HSMP leave to be refused, but that will have to be sorted later.

Is there any prospect of getting emergency travel documents from the US embassy in London or the consulate in Edinburgh (failing the return of the passport) before the 17th ? I'm not sure whether this would even be a good idea, but have just suggested this as an option to get out of the UK to avoid an overstay on the record.

http://london.usembassy.gov/scotland/cgpasspt.htm (note days/hours of operation; not sure what exceptions may be made for emergency passports)
http://london.usembassy.gov/cons_new/ac ... rgent.html

The embassy used to have same-day service, but I'm not sure whether they still do.

AG

[rhubbie]

There's nothing to be done about getting a new permit at all. There are no other options, I'll need to go home. And I'll go home gladly, as I am thoroughly disappointed with the ridiculously unkind attitude and unnecessary unhelpfulness I've received from everyone at every step of the way, including on this message board. I'm just trying to play by the rules, despite my disappointment in having to uproot.

The point is not to stay in the country, it's to make sure that I've got my affairs in order and to comply with the immigration rules. I've been on the phone to both the HSMP/LTR customer contact centre and the Immigration and Border Control contact centre and I've been told by 3 different people at the HSMP centre, including today, that there is an 'unofficial 28 day grace period' to get my affairs in order and leave the country. I've been told by 1 out of 2 people at Immigration that they would give a 'reasonable' amount of time to get my affairs sorted and leave the country, but wouldn't pin it down to 28 days.

The issue is that I am without a passport and every day for the next week and two days there will be some sort of postal strike, so it is highly likely that I won't receive the passport before 17th August. I've been told that this is fine as I still have an application pending and it won't be closed until I receive the passport. So I'm not sure that I need an emergency passport from what I have been told.

What I am concerned about is if I will be written off completely when I try to return in perhaps 8 months or a year and I have this fiasco on my records, or if I bring all the paperwork and letters with me if all this 'reasonable' stuff they keep assuring me with is actually true and that I will be able to enter the country should I wish to visit again.

Does anyone have any genuine experience with this particular situation? I am not interested in being told to 'get my mule in gear'. That is extremely unhelpful and just causes more worry and stress.

Many thanks.

[SYH]

There's nothing to be done about getting a new permit at all. There are no other options, I'll need to go home. And I'll go home gladly, as I am thoroughly disappointed with the ridiculously unkind attitude and unnecessary unhelpfulness I've received from everyone at every step of the way, including on this message board. I'm just trying to play by the rules, despite my disappointment in having to uproot.

The point is not to stay in the country, it's to make sure that I've got my affairs in order and to comply with the immigration rules. I've been on the phone to both the HSMP/LTR customer contact centre and the Immigration and Border Control contact centre and I've been told by 3 different people at the HSMP centre, including today, that there is an 'unofficial 28 day grace period' to get my affairs in order and leave the country. I've been told by 1 out of 2 people at Immigration that they would give a 'reasonable' amount of time to get my affairs sorted and leave the country, but wouldn't pin it down to 28 days.

The issue is that I am without a passport and every day for the next week and two days there will be some sort of postal strike, so it is highly likely that I won't receive the passport before 17th August. I've been told that this is fine as I still have an application pending and it won't be closed until I receive the passport. So I'm not sure that I need an emergency passport from what I have been told.

What I am concerned about is if I will be written off completely when I try to return in perhaps 8 months or a year and I have this fiasco on my records, or if I bring all the paperwork and letters with me if all this 'reasonable' stuff they keep assuring me with is actually true and that I will be able to enter the country should I wish to visit again.

Does anyone have any genuine experience with this particular situation? I am not interested in being told to 'get my mule in gear'. That is extremely unhelpful and just causes more worry and stress.

Many thanks.

What they said makes sense, they can't very well penalize you when they are still processing your visa and holding your passport.
And if the policy is unofficial, then it is unofficial, who is going to tell you officially, then it wouldn't be unofficial.
You have a lawyer, what does he say
and if he would be a good source of proof of when exactly you received your notice. You can't very well act on something if you don't know it to be true. Right now without anything in writing then you are actually reacting to hearsay

[bani]

There's nothing to be done about getting a new permit at all. There are no other options, I'll need to go home. And I'll go home gladly, as I am thoroughly disappointed with the ridiculously unkind attitude and unnecessary unhelpfulness I've received from everyone at every step of the way, including on this message board. I'm just trying to play by the rules, despite my disappointment in having to uproot.

The point is not to stay in the country, it's to make sure that I've got my affairs in order and to comply with the immigration rules. I've been on the phone to both the HSMP/LTR customer contact centre and the Immigration and Border Control contact centre and I've been told by 3 different people at the HSMP centre, including today, that there is an 'unofficial 28 day grace period' to get my affairs in order and leave the country. I've been told by 1 out of 2 people at Immigration that they would give a 'reasonable' amount of time to get my affairs sorted and leave the country, but wouldn't pin it down to 28 days.

The issue is that I am without a passport and every day for the next week and two days there will be some sort of postal strike, so it is highly likely that I won't receive the passport before 17th August. I've been told that this is fine as I still have an application pending and it won't be closed until I receive the passport. So I'm not sure that I need an emergency passport from what I have been told.

What I am concerned about is if I will be written off completely when I try to return in perhaps 8 months or a year and I have this fiasco on my records, or if I bring all the paperwork and letters with me if all this 'reasonable' stuff they keep assuring me with is actually true and that I will be able to enter the country should I wish to visit again.

Does anyone have any genuine experience with this particular situation? I am not interested in being told to 'get my mule in gear'. That is extremely unhelpful and just causes more worry and stress.

Many thanks.

This is a message board. You will get all sorts of comments, what did you expect? Of course there will be responses that you are "not interested in". Sort through them, grow up.

[SYH]

There's nothing to be done about getting a new permit at all. There are no other options, I'll need to go home. And I'll go home gladly, as I am thoroughly disappointed with the ridiculously unkind attitude and unnecessary unhelpfulness I've received from everyone at every step of the way, including on this message board. I'm just trying to play by the rules, despite my disappointment in having to uproot.

The point is not to stay in the country, it's to make sure that I've got my affairs in order and to comply with the immigration rules. I've been on the phone to both the HSMP/LTR customer contact centre and the Immigration and Border Control contact centre and I've been told by 3 different people at the HSMP centre, including today, that there is an 'unofficial 28 day grace period' to get my affairs in order and leave the country. I've been told by 1 out of 2 people at Immigration that they would give a 'reasonable' amount of time to get my affairs sorted and leave the country, but wouldn't pin it down to 28 days.

The issue is that I am without a passport and every day for the next week and two days there will be some sort of postal strike, so it is highly likely that I won't receive the passport before 17th August. I've been told that this is fine as I still have an application pending and it won't be closed until I receive the passport. So I'm not sure that I need an emergency passport from what I have been told.

What I am concerned about is if I will be written off completely when I try to return in perhaps 8 months or a year and I have this fiasco on my records, or if I bring all the paperwork and letters with me if all this 'reasonable' stuff they keep assuring me with is actually true and that I will be able to enter the country should I wish to visit again.

Does anyone have any genuine experience with this particular situation? I am not interested in being told to 'get my mule in gear'. That is extremely unhelpful and just causes more worry and stress.

Many thanks.

This is a message board. You will get all sorts of comments, what did you expect? Of course there will be responses that you are "not interested in". Sort through them, grow up.

yeah i just noticed the lack of appreciation to my first comment and i guess its too sobering a thought and you'd prefer to not deal with reality, next time i will say i am the wizard of oz and will wave my magic wand to make it better

[marifhossain]

I agree with someone above who told you to get emergency travel document from the nearest embassy of your country and get back to your country before 17th.

I had a situation like yours and I did the same and they sent my passport through foreign ministry lately. And hope you have copies of your passpost and visa with you.

[PounceQuick]

if it was refused for a HSMP renewal then DO NOT APPLY FOR A WORK PERMIT AS SUGGESTED ABOVE, you will be digging your own grave. the same applies to anyone who was on old hsmp scheme. instead apply for AIT. before doing that contact www.hsmpforumltd.com ASAP for free help with AIT case. most cases going to AIT have been won by hsmps atleast the ones going through the forum mentioned below. i know of 20 cases and have seen the determinations of 4 of the cases.

Vinay, stop spamming this message board.

[SYH]

if it was refused for a HSMP renewal then DO NOT APPLY FOR A WORK PERMIT AS SUGGESTED ABOVE, you will be digging your own grave. the same applies to anyone who was on old hsmp scheme. instead apply for AIT. before doing that contact www.hsmpforumltd.com ASAP for free help with AIT case. most cases going to AIT have been won by hsmps atleast the ones going through the forum mentioned below. i know of 20 cases and have seen the determinations of 4 of the cases.

Vinay, stop spamming this message board.

he was already duly chastised in another thread by the admin

[herts]

Hi,
what does AIT do. How do they help the hsmp flr ppl.
I tried to find about it but could not find anything.
Please give me the link for it.
Thanks

[vinay shanthi]

if it was refused for a HSMP renewal then DO NOT APPLY FOR A WORK PERMIT AS SUGGESTED ABOVE, you will be digging your own grave. the same applies to anyone who was on old hsmp scheme. instead apply for AIT. before doing that contact www.hsmpforumltd.com ASAP for free help with AIT case. most cases going to AIT have been won by hsmps atleast the ones going through the forum mentioned below. i know of 20 cases and have seen the determinations of 4 of the cases.

Vinay, stop spamming this message board.

he was already duly chastised in another thread by the admin

i have stopped 'spamming'. just couldnt reply as didnt get the alert, as it landed in the spam folder. duly noted and complied with the admins post on the other thread. my reasons are posted on the other thread you are reffering to, so wont waste anyones time repeating it.

as for rhubbie .... gordon and syh have given u good advice. dont rubbish the people on this board who are trying to help in anyway they can. people are just volunteering the info that they deem to be ok. nobody is at your beck and call. go pay a lawyer to do the needful and shout at them if things dont work out. also my earlier post wont help you if you are not already on old hsmp scheme. ps: you can still arrange a courier to pick up your passport and other documents even if there is a postal strike. speak to hsmp before you arrange the courier pick up. sorry for the rant at you. hope things work out for u.

there was someone else (herts) on this thread querying about not finding AIT cases on hsmp. dont bother searching. the AIT determinations are confidential documents, so unless it is a reporteed decision or u know someone who has a determination with them, as far as i am aware there is no other way of getting them. incase interested search my posts under hsmp section. wont give a link as people seem to be getting the misconception that have any personal gains / commercial gains in this or that i am promoting competitors. wont bother responding to such allegations. was just trying to help those in trouble with hsmp renewal problems due to retrospective effects of new legislation.