WP to HSMP

[raikal]

Hi,

I am currently on Work Permit in UK and it expires in april 2004. My company has not applied for extension as there is no work. I am also not able to get any work permit from other companies.

If I am going to apply for HSMP on my own, Can I stay beyond April 2004 in UK until it is approved ?

Regards

[Cosmopol]

If HSMP is approved it most certainly allows one to stay in the UK. Current processing times are 6-8 weeks.

Perhaps someone can offer specific ideas to deal with the issue

[Kayalami]

Raikal,

Under the Immigration Variation of Leave Order 1972 as amended by the Immigration and Assylum Act 1999 a person who applies for a variation of their leave to remain in the UK is deemed to have remained in status until a decision is made on that application where the said application was submitted at a time where the person had VALID leave to remain.

That means if you apply for HSMP before your WP LTR has expired you can remain in the UK until the HSMP Team make a decision on your case. Note that WP LTR is only valid whilst you are in employment despite any expiry date. The HSMP application process for in-country applicants who are in a category other than visitor includes the submission of Form FLR(HSM) which is effectively your application to vary your LTR in the UK.

Cosmopol has highlighted the current HSMP processing times but note that applications are expedited where the applicant has a job offer - keep up the job hunting although I am sure you will get HSMP if you have the relevant points. Remaining in the UK maintains your residency not only for ILR purposes but for naturalisation as a British Citizen in the future. Note that time on HSMP can be amalgamated with time in a category leading to settlement or as a dependent in such category over a 4 year consecutive period for the grant of ILR. However where amalgamation includes any time as a dependent HSMP must be the status held at time of ILR application.

Best of luck

[raikal]

Many thanks for your advise.

[NMSheikh]

Dear Kayalami,

What if a person X is stamped 3 years visa based on a 3 years WP and that person looses job after 2 years (leave to remain on passport has still got 12 months to expire). Is that person not eligible to stay?

What I have heard from solicitors that under this situation “right of stay” is ended but stay is not illegal. Stay become illegal only when person overstays the time stamped on the passport or stays after the leave to remain is declared withdrawn / cancelled.

Can you please comment on this, as that person X is me?

Regards

[Joseph]

raikal

You should move quickly and file your HSMP application before your current job ends. It will be helpful to have reference letters from your current employer along with payslips especially while you are still working.


If you become unemployed when the HSMP is being considered (even if it is a lengthy review) don't worry, you are protected.

Joseph

[Joseph]

NMSheikh

You are not technically eligible to stay, but since you were not formally asked to leave, you are not illegally staying. [Does that make sense??]

In other words, your employer was supposed to notify the HO about your job ending and the HO was supposed to send you a letter saying you have 28 days to leave the country. This generally does not happen and therefore there are many in your situation. You're not supposed to be here, but since nobody formally asked you to leave, you can stay.

However, if you have ever left the UK during your last year of unemployment, upon your return the IO will ask you if you are still working. If you tell them the truth and say no, they will not let you reenter the UK on your WP visa. If you lie and say yes, they will let you in but you will have violated the law (and can easily be caught if and when they look more closely--such as when you apply for an extension of your stay with a new WP or HSMP).

The problem you have, I think, is that if you want to get a WP or HSMP now, the fact that you were here unemployed on an invalid WP will become obvious when they consider you for further Leave to Remain. If it is a relatively short period of a few months, it shouldn't be a problem, but if it closer to a year, it could be a big problem. In that case, even if you qualify for HSMP or WP (starting next month it's called the IED or Immigration Employment Document stage), they could reject you at the LTR or passport stamping stage.

You definitely need the help of a skilled immigration lawyer to avoid getting into a stickier mess.

Joseph

[NMSheikh]

Joseph,

Thanks for the clarifications and views (and for the clarification under a different topic “(WP+HSMP) leading to ILR”). I would like to state my case more clearly as it may help others:

- After doing job for 24 months (out of 36 months WP visa stamped on passport), I loosed my job.

- I applied for HSMP on 96th day of my unemployment and I was granted HSMP status on 98th day (two days after application).

- I made it clear to HSMP team through my CV and wage slips that I was unemployed after a particular date.

- After completion of 12 months HSMP, I was given another 36 months extension.

- Assuming my both the stays can be amalgamated as a continuous stay, I intend to apply for ILR after 47 months. These 47 months would include 24 months on WP, 3 months as unemployed (but on valid LRT & did not leave UK) and 20 months on HSMP.

I am bit doubtful about the continuity of period, but I hope it would be OK as HSMP team / HO did not raise any issue at the time of awarding or extending HSMP.

Regards

[Kayalami]

The fact that Home Office ignored the 'No WP' to 'HSMP' in between period in question when granting you fresh HSMP LTR indicates they continued to be considered as being in a category leading to settlement so can be included in your 4 year clock counter for ILR.

[Joseph]

NMSheikh

Sorry, I looked at your previous post out of context and didn't make the connection that you had already converted to HSMP. Fortunately you didn't wait too (3 months) long to convert to HSMP. For example if you waited 9 months, you would only have been effectively able to count 25% of your last year's salary (assuming you weren't asked to leave the UK before you applied). This 25% is because you would only have been working 3 out of the 12 months before you applied.

You should have no problem whatsoever combining all periods as a continuous stay. The fact that you were unemployed for 3 months is not important given that your HSMP was awarded on the basis of being unemployed. But I certainly wouldn't recommend anybody to wait 3 months--it could be risky!

You can apply for ILR starting on the 47th month provided that you are economically active at the time you apply for ILR.

Joseph

[NMSheikh]

Thanks Joseph /Kayalami

Regards