Extremely Urgent!!!! experts advice needfully!!

[raj]

Sorry for this fire alarm!!!

I am about to apply for FLR in next 2 days,now having following queries

1) I got HSMP on 15 OCT, If I apply for FLR now and assuming I will get the approval by 15 Dec considering Urgent treatment for Traveling abroad, then go back to my country for 6 months and then come back and take up the job in UK. Will it create any problem for my HSMP Extention considering I would be in UK for only 6 months and economically active for only 3-4 months???

2) will it make any difference if I go back to my country now without applying for FLR and then apply for EC with in a month or so, and then come back to UK after 6 months and take the job. Will it create any problem for my HSMP Extention considering I would be in UK for only 6 months and economically active for only 3-4 months???


In summary, in either of the above mentioned case I want to know if I stay out of UK for around 6-7 months will it create any problem for my HSMP extention

I need to decided within 2 days whether to apply for FLR from UK or apply for EC from my country. Hence, your immidiate advice would be highly appriciated.

regds
Raj

[MWazir]

Quick question for you, What visa are you on and when does it expire?

If there are more than 6 months left on your current visa then there can be a third option for you. Have a look at page 14 of 18 on the FLR(IED) document.

Here is the relevant text:


3.When can I start work?

Leave to remain is granted for a specific job and named employer on the approval letter for SAWS, SBS, TWES and WP.

We advise you to apply for your further leave to remain as soon as possible, before your current leave expires, and in any event within six months, of the date of approval of your IED. If you apply after 6 months of the approval of your IED, your IED is no longer valid and your application will be refused.

For those currently resident in the UK, in another immigration category you should apply before your current leave expires, and in any event within six months of you or your employer receiving confirmation of your approval for IED.

If you have leave to enter or remain in an immigration category that allows you to work, you can take up employment while your leave application is being processed. Examples of these categories include Working Holiday Makers, HSMP applicants. If you are in any doubt, you should phone the Immigration and Nationality Enquiry Bureau on 0870 606 7766 or visit our website at www.ind.homeoffice.gov.uk before taking up employment.


Therefore if you have a valid visa for the next 6 months, call up the HO, explain to them your situation and check up if you can apply for FLR in 6 months time. Ofcourse the 6 month period would start from 15th Oct and you could plan to be back in the UK in 4-5 months time.

[drewchad]

Hi,
I am currently on a WHV in the UK & applied for HSMV at the start of October. I am aware I can stay in the country if an application is in progress by sending of an FLR form (??). However, I need to travel about 5 days before my visa expires. I want to have enough information to show the customs official that I have the right to be readmitted to the UK & that I will submit the FLR & my passport once back in the UK. Can you steer me towards the legislation or anything that may be helpful in getting through customs.

Thanks for your help... Mwazir

[MWazir]

drewchad,

I am not aware of that possibility. Also I havent heard from anyone from the forum who have done this. Where your visa is going to be expired and you have applied for another category you can stay and await your decision. But once you go out of the country, I dont think you have a stong enough case to come back based on your application in the HO. The immigration officer might well refuse you entry. After all, you dont even have an aknowlegment from the HO, just a reference number.

[drewchad]

Technically I am eligible for entry under the WHV for the 5 days, so they can't really refuse entry. But I would normally need to prove I was leaving the country before it expired. Surely if the law states you are eligible to stay in the country with an application pending, the immigration official would have to let me back in.

Would you suggest I just buy a ticket somewhere & say I am leaving the country?

Thanks for your help...

I am really looking to track down the legislation, does anyone know an immigration lawyer I could talk to?

[MWazir]

There are plenty of immigration lawyers.

Have a look at www.oisc.co.uk for locate on for yourself closest to your work or home.

By law, all immigration lawyers should be registered with the Office of the Immigration Services Commissioner (OISC)

Good luck! Do let us know what the legal advise is, it may help other members

[mjwall]

Hi DrewChad,

I am in a simlar situation to you. I will be travelling in Feb for two weeks and returning to the UK on my WHV with 3 weeks to go until it expires. If the customs officer questions me I am going to say I am leaving in 3 weeks after I tidy up my business in the UK. I will also book a cheap flight to show them I am leaving the country.

Now, in my last week of my visa expiring I will be applying for the HSMP. Yes, you are correct, the law states that while a visa application is processed, the rules of the current visa you are on are valid. However, if you do leave the UK, your visa may be stamped as canceled when you re-enter the UK and you may get a visitors pass. I guess even though your visa application is being processed still, your really not allowed to work now. Catch 22 really!

The law about the applicataion in process can be found here.

http://www.hmso.gov.uk/acts/acts2002/20041--g.htm#118

I hope this helps.

[f2k]

true. i think the status of your visa only remains while you are in the UK. once you leave and return i suspect your 'new' entry stamp might supercede your 'expired' visa. its really worth fully investigating b4 you go out, cause there is a possibility of being refused entry as well

[drewchad]

The thing is the visa won't be expired it will just have 5 days left on it.