Please help with complicated FLR(IED)

[rella]

I'm posting this in both the HSMP and General Immigration forums. Moderators, please feel free to remove one if you'd like. I just want to make sure you see this post.

My husband got his HSMP approval letter this morning. His case is a bit complicated and I really need some direction before we start calling the Home Office people.

Here's the recap of the situation:

We came to the UK in 2003 for hubby to go to grad school here. After a few months, it became clear that working with this particular prof was a mistake. At that same point, hubby started getting mountains of consulting work. So, we decided for him to apply to HSMP, and work part-time on his student visa while awaiting the HSMP decision. He withdrew from the uni a few days after submitting his HSMP app.

At that point, the rules had just changed -- this was in April. So, the HSMP and FLR were separately applied for. We called Croyden and HSMP and they agreed that hubby would be legal and not overstaying, since the HSMP would cover him. The consensus on this forum was the same.

Now, it seems more clear that the HSMP is not a visa app, and that only the FLR is. So, are we technically overstayers?

Now, another complication from changes in rules... The rules changed on Oct 1 about which visas can switch in-country. Before, any legal visa, other than visitor could switch to HSMP. That is no longer the case and people on student visas who did not graduate, can no longer switch in-country. We just got the decision letter, so we are well past that Oct 1 changeover.

So... what should we do? We want to do everything we can to try to get this FLR through. We have an HSMP letter for in-country, but we are not able to switch visas in-country. Can we use this HSMP letter for entry clearance instead? If so, do we have to go back to home country (U.S.) or is there any possibility of going to Paris?

HELP!!!

We don't know how to approach this from here.

[Chess]

Rella,

I dont see any problem here - who says you cannot switch in-country unless you graduated????

As far as I recall you applied for HSMP when you had vaild leave to remain in the country - so you are NOT overstayers


Just apply for your FLR (IED) as normal with your ppt....unless there is something that I have not understood


Good luck.

PS. Obviously it would be quiker if you went back to the States and applied for EC as HSMP person...I am afraid you CANT do Paris (unless you have been living there legally as an ordinary rsident

[rella]

Rella,

I dont see any problem here - who says you cannot switch in-country unless you graduated????

That's the way I read the new 1 Oct rule changes:


http://www.workingintheuk.gov.uk/workin ... emain.html?

The cateogories they show for switching in-country to HSMP are:

WP
student who has graduated from UK institution
WHM
postgrad doc or dentist
a participant on the Sci and Eng Grad Scheme

In the HSMP guidance notes, it says that any valid visa, other than visitor, can switch. So, this appears a pretty significant change that affects my husband's case.

As far as I recall you applied for HSMP when you had vaild leave to remain in the country - so you are NOT overstayers


Just apply for your FLR (IED) as normal with your ppt....unless there is something that I have not understood


Good luck.

PS. Obviously it would be quiker if you went back to the States and applied for EC as HSMP person...I am afraid you CANT do Paris (unless you have been living there legally as an ordinary rsident

It is a bad time of year to buy last minute plane tix to the U.S., so we'd like to avoid it if we can.

I've thought about writing a cover letter explaining everything, but then I worry that I may draw attention to points that the caseworker may not have thought of and ruin our own case.

I'm going to download the newest FLR application and look at it.

Thanks, Checkmate.

[f2k]

congratulations on your HSMP success. hope you will find a solution to your FLR. i think you should be able to apply anyhows, as you were legal at the time that you applied. and the rules of Oct 1 should not affect you

[Chess]

Rella,

Try posting your Q on

http://www.americanexpats.co.uk/cgi-bin/yabb/YaBB.pl

there could be an American out there with a similar experience

Good luck

[rella]

Rella,

Try posting your Q on

http://www.americanexpats.co.uk/cgi-bin/yabb/YaBB.pl

there could be an American out there with a similar experience

Good luck

Thanks, Checkmate! I found out about this board from American Expats!


I'm trying to figure out how best to approach this. I tried to call the HO today, but couldn't get through, so will keep trying and see what they say.

f2K -- I hope that you're right, in that they'll allow us to submit the FLR anyway under the old rules. It's pretty nerve-wrecking. Not to be too political here, but my hubby and I both so disgusted with the U.S. right now, that we don't even want to go back to visit our families. We are really hoping not only to stay here, but to be able to do our paperwork here in Britain. But, we'll do what we have to do to stay here, even if we have to go back to the U.S. to do it.

[vivekR]

Good Day to you all,

Pls note that the crietria for in-country switching seems defined by HO. But I will only speak out of personal experience.

I was doing my industrial placement year, and prior to that I had completed a year as under-grad, and also completed an HND before that in the UK. But the final year was due this year.

My employers from the indutrial placement decided to keep me permanent. I had a 10 yrs experience and basis of that the company got my work-permit, and following that they applied for FLR(IED), and I got that too. No hiccups there. I got a LLR residence permit as it is marked on the passport, for 5 yrs.

Important thing is that you were legal when you applied fo the FLR. But if the application is delayed at the HO, you are not held responsible. So you can work legally under the rules of your last legal Visa, till you get a reply from HO. This advice was given to me by an immigration expert provided by my company for my FLR.

So sit back and relax. As long as you have the docs which obviously you do, which got you the HSMP, you will get the FLR.

My best wishes to you.