HSMP Student detained pls help

[ramir.ramir]

"I think if you work on weekend or in free time and next time if you are asked what you do in UK and you say that you are working, it won't be a lie."

That's what I'm thinking as well. My only worry is that when I enter the country they have a note on the system next to my name that says there was a problem last time when I entered the UK and it mentions the whole student thing etc etc. I'm just so hesitant to leave the UK and then have to re-enter again, while studying on the HSMP.

I feel ok that I have to be economically active and there is nothing that precludes me from studying as long as I am working to some extent, but feel really uneasy about re-entering the UK. I mean if they refuse me entry for whatever reason, then I could forfit my whole course of study!!

Thanks for the advice and your opinion.
ramir

[ramir.ramir]

"I think people who are saying that studying on HSMP is ILLEGAL are saying just because of their own interpretation and don't have any real-clause or evidence to substantiate their opinion. "

Agreed...I've been through the legislation and can't find anything that says a person cannot study while on HSMP just that the person must be economically active.

ramir

[geriatrix]

Please go through the very 1st paragraph of the HSMP guidance which clearly says "The UK government operates this programme to allow individuals with exceptional skills and experience to seek entry or stay to work in the United Kingdom without having a prior offer of employment, or to take up self-employment opportunities".

I think that should clear any doubts. At least to me, it makes the objective of the HSMP scheme very clear !! Others are welcome to have their own opinion.


regards

[ZINX]

Sush,

The UK government operates this programme to allow individuals with exceptional skills and experience to seek entry or stay to work in the United Kingdom without having a prior offer of employment, or to take up self-employment opportunities".

Yeah I agree that HSMP is for people to WORK but it doesn't say that one can't study while working.

To me its applicable in both cases :
1- Part-time study & full-time work
2 - Full-time study & part-time work.

NO work on HSMP is not allowed, work has to be there full-time or part-time is not specified.

[ZINX]

Ramir,

I think if you start doing part-time work, you have corrected your condition because of which you were questioned earlier. So that should be fine. They have allowed you signifies that they see that a big issue and also the officer instructed you to say that you work next time, isn't it.

Don't get nervous, you just have to manage the situation, its not Illegal as far as if know (I'm not a legal person just using my common sense) to study on HSMP and do work as well. I suppose "manage" is the keyword, after all you are doing MBA to learn management.

"I think if you work on weekend or in free time and next time if you are asked what you do in UK and you say that you are working, it won't be a lie."

That's what I'm thinking as well. My only worry is that when I enter the country they have a note on the system next to my name that says there was a problem last time when I entered the UK and it mentions the whole student thing etc etc. I'm just so hesitant to leave the UK and then have to re-enter again, while studying on the HSMP.

I feel ok that I have to be economically active and there is nothing that precludes me from studying as long as I am working to some extent, but feel really uneasy about re-entering the UK. I mean if they refuse me entry for whatever reason, then I could forfit my whole course of study!!

Thanks for the advice and your opinion.
ramir

[London coool]

hey thanks...

anyone else have any advice?

much appreciated.

ramir

This information should be treated very seriously.

I have read through the whole posts here and must advice that every day people do get refused entry into the UK just for arriving with visa's that have no coorelation to their reasons for coming to UK; and that is irrespective of how many times one has previously succeeded in coming to UK.

The Immigration Officer has the right to refuse leave to enter/cancel an EC to any one coming to UK based on 3 key reasons

Change of purpose
Change of circumstance
False information given to ECO/failure to disclose material facts

Change of purpose is backed by HC320
Change on circumstance is backed by HC321A
False information given to ECO/failure to disclose material facts is backed by HC321A.

The crucial evidence is your VAF form. In the section where it indicates any further information to disclose is where you should have mentioned that you would be engaged in Full time education. Albeit, it would have affected your EC application.

So far as you intend to gain entry into UK for a purpose different from what kind of Visa you have you are liable to be RLE and have your EC cancelled. The only visa that allows you to school full time in the UK is a Student visa, not an HSMP visa.

Your details have been kept on record with the Home Office, most likely you were given a "reported landing" by the Immigration Officer and next time you arrive in UK you may need to prove to the I.O. that you are currently utilising your HSMP visa for the purpose you obtained it for. If you are detained again and another baggage search reveals that you are engaged in full time education you could be refused entry (with a right of appeal from abroad).

[ramir.ramir]

ok cool thanks for the advice.

what sort of paperwork would you reckon i would need to show at immigration to prove to them that i am working. what do you think if i:

- incorporate a company with myself as director
- set up for the purpose of consulting with me as the consultant
- have business cards made
- have a business bank account set up
- appoint an accountant and all the legal stuff
- file yearly tax returns when the time comes.

do you think it would be ok if i travel with docs evidencing the above?

ramir

[London coool]

ok cool thanks for the advice.

what sort of paperwork would you reckon i would need to show at immigration to prove to them that i am working. what do you think if i:

- incorporate a company with myself as director
- set up for the purpose of consulting with me as the consultant
- have business cards made
- have a business bank account set up
- appoint an accountant and all the legal stuff
- file yearly tax returns when the time comes.

do you think it would be ok if i travel with docs evidencing the above?

ramir

You are spot on. But...avoid travelling with full time student documents in your luggage at any time as you could be subject to a baggage search based on your previous immigration history.

[pantaiema]

No there is not any document about that. As I mentioned ibefore n my previous post this is still a grey area.

Even next time you enter UK again you might CHALLENGE them by saying you are a student, I believe they could not detain you. (But do it with your own risk). If they detain you they will be in a big trouble. If you hIre a good solicitor you will probaly will win a lot of money. You could claim damage for your tuition fee that you had paid, feeling injury, future earning prospects, you could count it how many grands you could win

Yes, it is better if you try to find part time job during the weekend. This is partly solve your problems.

But it is not advisable to continue your study after you get YOUR MBA dre. Remember they might still cause you trouble when the time to apply for ILR.

Pantaiema

"I think people who are saying that studying on HSMP is ILLEGAL are saying just because of their own interpretation and don't have any real-clause or evidence to substantiate their opinion. "

Agreed...I've been through the legislation and can't find anything that says a person cannot study while on HSMP just that the person must be economically active.

ramir

[ZINX]

Ramir,

I'm glad that you found a solution.

London Cool, Thanks a lot for your advice, it was indeed helpful. I'm also planning to do full-time study next year .. so now i know what to do.

Also would you advise if there is any clause which says that studying is banned under HSMP. I suppose if one can prove that he is working under HSMP, is that sufficient ?

- Zinx