Hi All,
We are trying to determine our options. Our initial visas expire now, so the FLR extension was sent in at the end of last week. Too bad we didn't send it in before Nov 8....
My husband is the HSMP holder. In our case, we spent the entire last year setting up a business and we were heavily in development (software). After several months, we were selling products, but sales weren't the greatest. We still had a great reception and our products are being covered all over the world, reviewed in magazines in upcoming issues, we have celebrity customers, etc.
When we realised that it was going to take some time to develop this market in software, we made the decision to continue with our original line, but to also expand into a new market in hardware. Our bank agreed it was a good idea and gave us a loan. We've been hard at work and we're just weeks from releasing the first hardware products. We realised that we were taking a risk, but were hopeful that due to our progress and the pretty impressive number and quaility of products, that the HO would give one year's extension. However, we were obviously clueless that this rule change would happen two weeks before our visas expired.
The business exception in the new rules seems to apply more to service-type/consulting/contracting sorts of businesses. My husband and I both feel very glum about our chances for renewal. And what's sad is that if we'd had an initial two year visa, we probably would've been just fine. As it is, if we were allowed to stay on, it's likely that we would be hiring people before the end of next year.
So...I'm assuming that the FLR team will be waiting until early December to start processing new apps. If we end up being processed right away and are refused, then we would be expected to leave within 28 days, I'm assuming. Trying to set up an int'l move is incredibly difficult for personal goods, but to move our business in the midst of the production of newly released products is going to be so bad as to possibly destroy our chances for success. It's taken us a couple of months to find suppliers and companies to make our custom parts.
If our application is refused, do we have any recourse to appeal? If so, on what grounds? And how long would the appeals process take?
Thank you in advance for any advice.
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