Options if FLR refused -- need the experts' advice

[rella]

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.

[Spear]

Rella,
You guys seem to have an excellent case for the transitional business arrangement (except probably the 6 months of future business contracts). If you guys do not make it I do not know who will.

* The business exception in the new rules seems to apply more to
service-type/consulting/contracting sorts of businesses.

It does seem that the HO did not take into account the range of businesses HSMP holders can undertake. To make the income for extension I am planning to get into a business as a sole trader of a retail type product over the internet. However for proof of income self employed people (other than contractors / consultants) the HO requires among other things a business tax return. I checked with an accountant who confirmed that there is only one Personal Tax Return required for Self- Employed people in the UK. The tax Dept does not provide for business tax returns of self employed people. So what can I do.
Anyone faced with the same situation.
The tax dept. have business / company tax returns only limited companies. To set up and meet the requirements of a limited company is an expensive endeavour and unreasonable for a small trader (hoping to do only about 7000GBP in business). There must be a lot of self employed people who make a comfortable living as sole traders. Didn't the HO know this ??.

Can anyone help??, Any HSMP'ers with experience in business.

[lanr3e]

I really don't think you will be refused LTR based on all what you have said about your situation. It's likely that decison will not be made on your application as you may be required to send in more documents to support your LTR application in line with the new rules.
In case you are requested to submit for documents, i would advise you send in details of your business, evidence of it's registration with the HMRC, invoices and receipts from your software sales, your crrent and future business plans..etc make sure u send in exhaustive documents to demonstrate that u r making real attempts to set up your business..

But in the event that you are refused, provided that your application is valid, then you have right of appeal to challenge the HO's decision.

[alex2000]

I agree with lanr3e that you have a good case . Make a comprehensive presentation attaching all relevant documents. Cases like yours might even make HO to quickly look at ways of accommodating many FLR applications that do not strictly meet the conditions stipulated.

As it is a new review, it is difficult to determine the format for the appeal and the time to be taken but i assume it is going to be quite lengthy with many appeal 'windows' including but not limited to
- the new rules
- the original terms of entry into the scheme
- the human right angle
etc
Goodluck

[rella]

Thanks, guys. You made me feel a bit better. I need to get the rest of the documents to the HO and then let it go. There's nothing we can do about it, so we can't waste energy worrying about it when we have so many other things to do.

I do hope that our case shows that HSMP holders are hard workers who really care about building a new life in the UK. I wish that everyone weren't going through all this turmoil. It's enough of a challenge to adjust to a new country as an expat to begin with. Worrying about your immigration status isn't something that we all planned on!

Do you all think that the FLR caseworkers look at the original HSMP file? They say that they don't need the docs that were included with the HSMP app. I wonder if people had high points to begin with, if that helps. My husband likely had significant acheivement points and I'm hoping that this sort of subconsciously influences the caseworker a bit.

Good luck to all of you too.