URGENT!! HSMP visa from abroad!

Dabroos · Post by **Dabroos** » Fri Jun 20, 2008 4:43 pm

Hi everyone.

I am seeking the thoughtful and wise opinion of members of this forum to whom I was directed by a dear friend.

I live and work in the UK on an HSMP visa issued before September 2006. I have 2 depandents on my VISA (wife and son) and both are currently with me in the UK.

Extension of the HSMP is due in September 2008 and I am hopefull the situation with the JR ruling would have clarified by then.

Now coming to the PROBLEM:

My wife and child are due to travel to Dubai in July for an important familial matter that cannot be postponed. They are expected to stay anything between 4 to 6 months and are unable to come back before that.

PS. Wife and child originally from Libya and both will be on a visitors VISA while in Dubai

My question is:

What would be the best and safest way to apply for the extension; Should I

1) Apply for myself here in the UK and then send them copies of my passport (with the leave to remain) for them to apply at the British embassy in Dubai? bearing in mind their VISA would expire by the time mine is being processed

2) Should I apply 2 months earlier (July) so that I receive my application before expiry of their depandant VISA and therefore avoid any hussle that can arise

3) Should I ask them to send over their passports to the UK and apply altogether from the UK as family. (would rather not do this as wife and child may need passport in Dubai for local travel...although I know I can make some savings on family applications)

4) Will she have to back to Libya to apply for extension or can this be done while staying in Dubai as a visitor

Your advice is kindly appreciated.

Dabroos.

Dabroos · Post by **Dabroos** » Fri Jun 20, 2008 4:53 pm

PS: I already did research on the UKBA website and this forum for answers to my questions so please do not assume I am being lazy.]

Cheers

Post by **geriatrix** » Fri Jun 20, 2008 6:42 pm

They will not be able to apply for dependent EC from Dubai - becuase of their "visitor" status there.

To which post you can applicant apply wrote:Paragraph 28 of the Immigration Rules states that:
'An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he/she is living'.

1. Option ruled out.
2. Though UKBA recommends that an application be made within 28 days of existing leave getting expired, I believe that if you explain your circumstances to them then they might entertain your request for an early application. Try sending them an email to the effect and see what they have to say.
3. No comments.
4. I believe that (Libya) is the only place where they will be able to make a dependent EC application from - being their home country.

Hope this helps.

regards

Dabroos · Post by **Dabroos** » Fri Jun 20, 2008 9:46 pm

sushdmehta wrote:4. I believe that is the only place where they will be able to make a dependent EC application from - being their home country.

Hope this helps.

regards

Thanks sushdmehta for the prompt reply, but wouldn't the UK be the home country for a person working in the UK on an immigration HSMP VISA?!

So what about my family sending me their passports and me applying from the UK through the post?!

Would appreciate your thoughts

Dabroos

junior · Post by **junior** » Fri Jun 20, 2008 10:02 pm

Thanks sushdmehta for the prompt reply, but wouldn't the UK be the home country for a person working in the UK on an immigration HSMP VISA?!

So what about my family sending me their passports and me applying from the UK through the post?!

Hi,
Don't u think it will be a case of an illegal application? When ur fly flew out of the UK and arrived at Dubai airport they would have had an arrival stamping at the immigration and then when you apply with their pass from within the UK from where will you justify the absence of immigration stamp while entering the UK? coz technically they are in-country ???

Don think and take a chance on these lines....might cost you very dearly...my opinion though...

regards,
Junior

Dabroos · Post by **Dabroos** » Fri Jun 20, 2008 11:03 pm

junior wrote: Hi,
Don't u think it will be a case of an illegal application? When ur fly flew out of the UK and arrived at Dubai airport they would have had an arrival stamping at the immigration and then when you apply with their pass from within the UK from where will you justify the absence of immigration stamp while entering the UK? coz technically they are in-country ???

regards,
Junior

Hi Junior.

Thank you for your reply.

You are probably right. However there must be a way out.

I think I will have to persue official advice from HO via e-mailing them.

Cheers!

Post by **geriatrix** » Sat Jun 21, 2008 1:26 pm

UK for leave to remain (FLR) and home country / country of citizenship for Entry Clearance (EC). You can't apply for EC in UK and you can't apply for FLR from outside UK!

Dabroos wrote:but wouldn't the UK be the home country for a person working in the UK on an immigration HSMP VISA?!

regards

Post by **John** » Sat Jun 21, 2008 9:53 pm

My wife and child are due to travel to Dubai in July for an important familial matter that cannot be postponed. They are expected to stay anything between 4 to 6 months and are unable to come back before that.

I don't wish to pry into a family matter, but the way you put it they are going to be held captive while in Dubai! Any reason why they could not return to the UK for a few days?

Failing that I think, after Dubai, they will need to fly to Libya, and apply for their visas there. (After you have got your Tier 1 extension.)

Dabroos · Post by **Dabroos** » Sun Jun 22, 2008 3:42 am

sushdmehta wrote:UK for leave to remain (FLR) and home country / country of citizenship for Entry Clearance (EC). You can't apply for EC in UK and you can't apply for FLR from outside UK!

regards

I see what you are saying.

I guess I am only left with early application and hoping the HO will appreciate the situation!

John,

Thanks for your reply

Check your inbox, I sent you a PM

Immigrationboards.com: Immigration, work visa and work permit discussion board

URGENT!! HSMP visa from abroad!

URGENT!! HSMP visa from abroad!