How to get past customs in the UK (close to visa expiry)

[drewchad]

Do the moderators now accept that you are able to: 1) stay & 2) work once an FLR(IED) is sent in if you have a current visa??

I personally can't see any reason why section 3C wouldn't apply & we now have 2 contacts at the Home Office who have confirmed this.

So good news for me, but, couldn't anyone who wants to extend a visa just apply for HSMP? That way you are guaranteed at least another 6 months, probably more, as the waiting times seem to be rising exponentially. And once people find out about this loophole won't it cause even more people to apply?

I guess on the plus side they may put measures in place to speed up HSMP so this can't happen. Although unlikely...


(f2k, I think the email was sent by mjwall's consultant, not him)

[Chess]

Do the moderators now accept that you are able to: 1) stay & 2) work once an FLR(IED) is sent in if you have a current visa??

That is fine - If you submit an FLR(IED) application
before the expiry of your current visa, then you are entitled to remain
in the United Kingdom under the same conditions of that visa until such
time as a final decision is made on the application. This applies your visa
expires whilst the application is still under consideration.

However for FLR(IED) you must supply an immmigration employemnt document with your application.

[drewchad]

Am I still the only one reading this to mean you can stay until the HSMP is decided? The FLR(IED) doesn't require you to send in an IED as far as I am aware, just that you need to have one.

I presume the caseworker checks what category the FLR is being applied under & then checks their records to see if an IED is held. In the case of HSMP I'm sure they know there are backlogs so would check to see if there is actually an application lodged and put it back on the pile.

Also wouldn't this be consistent with the old FLR(HSM) that just sat somewhere waiting for HSMP approval?

As far as I read the below I have applied for FLR(IED) before my visa expired & am entitled to remain in the UK until a final decision is made on the application.

I know the guidance notes say you should have an IED. But both mjwall & I have received specific advice from the Home Office, in writing, stating we are able to do this.

So I just want to know why this is still not being universally accepted?? Or, what advice (other than your interpretation of the FLR form) are your opinions based on?

[Chess]

We are now talking on the same wavelength....

you will have a right to stay and continue working on the conditions of your existing visa if your HSMP application is recieved b4 your visa expires...


once you get the HSMP approval letter, yopu then apply for FLR-IED...

,....yes I do agrre there is a bit of a looplhole - and some areas are abit grey - but the fact remains that a FLR-IED to be VALID must have an immigration employement document...

...that is my interpretation of the rules

[hk_007]

I would concur with Checkmate that a valid IED is required for FLR to be considered...the same point I had made before - see the top of this page.

[drewchad]

Checkmate,
If you read the wording of the question posed to the home office:

"...it was confirmed that an applicant who applies for the Highly Skilled Migrant Visa could continue to work in the UK as long as their Leave to Remain remained valid. However, if the leave expires while the application is being processed are they still able to continue working until a decision is made on the application?"

They are asking can a person stay once leave expires and a HSMP application is in process not an FLR application.

The home offices answer is:

"In response to your query below. If you submit an FLR(IED) application
before the expiry of your current visa, then you are entitled to remain
in the United Kingdom under the same conditions of that visa until such
time as a final decision is made on the application. This applies your visa
expires whilst the application is still under consideration."

I would interpret they are referring to the HSMP application, not the FLR application in the second instance of the word application and therefore submitting FLR even without an IED is the correct procedure.

I 100% agree that this advice is contrary to the guidance notes on the FLR, but I would also like to point out that the form I applied for HSMP said it would take approximately 1 day to process the application and I'm sure you'd agree this isn't correct either.

Plus there are two seperate Home Office staff stating this is the correct procedure.

Why does no-one trust the Home Offices advice?

[Chess]

It is not that I dont trust the homeoffice advise - but you will agree with me that some of the junior case workers dont know the rules properly...


...unfortunately, as expected, we all TEND to read rules in our favour - but we ought to considser the worst-case scenario

[drewchad]

I personally think, maybe with some bias (as you've stated), that mjwall's visa advisors, who he has obviously paid considerable money, would be rather cautious to ensure they give out the correct advice.

Also, the person I received confirmation from was the head of Customer Relations at HSMP & not a case worker. I would be very surprised if junior caseworkers were answering enquiries from visa advisors, surely this would be handled by someone with some seniority especially if it is asked to be confirmed in writing.

[f2k]

Maybe i am reading it differently from everyone else. but from the first time i read it, what i can say is that the response from the Ho guy did not say anything new,

As far as i understood it (even before the intoduction of the interim arrangement), one could continue working/ studying or on Whm etc. for as long as they submitted their application of FLR (renewal or change) was submitted b4 the expiry of their current LTR. that hasnt changed and that is what the HO person there said.
however from another angle, one can say he did not fully answer the question in regard with the 2 part application process. his answer only seems to refer to the instance where one has submitted an application for FLR not just the application for HSMP.

you might find a post from Rella, where she is now experiencing some difficulty with getting FLR even though they applied for HSMP well b4 expiry of visa, but i dont think they applied for FLR at the same time.

another question people were asking is that ' if you are say a WP and have applied for and had your HSMP approved and are now awaiting your FLR, can then switch jobs (this is in reference to the interim arrangements)? my reading of the answer (even though the question was not directly asked) from the person at HO is that your cannot do that

Qoute "You are therefore only entitled to work as specified on the visa you were holding at the time your application was made" . This was always the case.

it seems the interim arrangement only relate to WP to WP switches as there in no mention of HSMP in them, i think there was a posting from try-one confirming something to that effect

[drewchad]

Mjwall,
Who sent the email to the HO, was this someone you paid money for advice?? Can their advice be counted on?

[mjwall]

Mjwall,
Who sent the email to the HO, was this someone you paid money for advice?? Can their advice be counted on?

Yes they can be trusted. They are my tax advisors and also specialize in Visa applications. The person who emailed HO is the Immigration Services Manager of DMS London. I am trusting their advice as they also needed to know to give out information to other people in my situation.