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Yep -- I'm dependent. I didn't apply for my own HSMP, because I haven't been working since my son was born 4.5 years ago. So, no earning points or enough full-time work experience. I spent 12 years in uni, so pretty light on work experience outside of school/research-related stuff.Checkmate wrote:Your case should be treated under the old rules.
Apply for FLR - IED as normal. If they refuse it then go for appeal.
Simplest option would be to fly out and apply for EC from the States.
Obviously you will have to be 'economical' with the truth lest the British Embassy guyz may refuse EC.
Best form of action is to 'FIGHT' in-counytry
BTW - Rella - what is your status - presumably depedant?
You should stress that your application for HSMP was made well before the in-country switching rules were amended and that infact it was taken half a year is not your fault.Switching from categories other than those stated in this leaflet will not be allowed except in exceptional circumstances. These circumstances will be assessed by caseworkers on a case by case discretionary basis. Circumstances relating to the job, employment and labour market will not be accepted as exceptional circumstances. Only circumstances relating to the individual which would make it unduly harsh for them to return to their country of residence may be considered as exceptional.
Nope. Here is the email in its entirety:mwazir wrote:Rella,
I can understand someone from the HO saying that you cannot apply for FLR(IED) now that the rules for switching have been amended. But to say that your HSMP approval is invalidated is gobsmacking to say the least. Did they give any reason for it?
I agree, but I doubt that they will consider that exceptional circumstances. But, we have no choice but to submit the FLR and forge ahead.Have a look at the switching leaflet published at their website
http://www.workingintheuk.gov.uk/workin ... ing__.html
I qoute from the leaflet
You should stress that your application for HSMP was made well before the in-country switching rules were amended and that infact it was taken half a year is not your fault.Switching from categories other than those stated in this leaflet will not be allowed except in exceptional circumstances. These circumstances will be assessed by caseworkers on a case by case discretionary basis. Circumstances relating to the job, employment and labour market will not be accepted as exceptional circumstances. Only circumstances relating to the individual which would make it unduly harsh for them to return to their country of residence may be considered as exceptional.
He didn't get the approval letter until last week -- so, well after 1 October. He applied for HSMP in April, so the rule changes were 6 months after... We had no way of knowing that they'd make another rule change at the time he submitted his HSMP application. I think the immigration scandal has caused them to tighten up a ton of rules.ameba wrote:Hi rella,
Can you clarify please - did you husband applied for FLR(IED) before 1 Oct 2004 or after?
If it is even a day after 1 of October, he unfortunately falls for refusal. Of course, to say he needs to reapply the HSMP application is nonsense.
I do not know who is in power and changes the rules all the time, but they literally play with peoples lifes...
Well... thanks... but we won't be arranging any protests or petitions! We will be on very best behavior, being as nice and respectful as humanly possible.ameba wrote:You are brave! I like you guys! If you want to organise a petition or other protest against HO, I am in!
It is all so stupid.
According to these new "rules" I have to go back to my country and pass the EC. I guess the interview with the immigration officer would be something like:
- Have you ever been to UK before?
- Oh, C'mon man, I just arrived from there, my wife and kids live in UK, my car is in the UK, my UK employer is waiting for me to come back to work. Just stamp your stupid visa and let me go!
I am getting very angry...
He sent the application on April 19, 2004.Kayalami wrote:Rella,
1. When (date, month, year) did your husband apply for the HSMP?
The team received the application the following day, on April 20, 2004.2. When (date, month, year) did the HSMP Team receive the application?
I don't remember the exact date on the letter, but it's mid-November -- approximately 11 November, 2004.3. What is the date on the HSMP approval letter?
It is only a letter stating that I am enrolled as a student and leaving to my home country due to some family situation.Kayalami wrote:Kumar,
Your situation mirrors that of rella with one further complication - you have left the UK since you have 'frozen' your studies - what do you mean by this? Are you still enrolled at the college or have you quit the course? If its the latter then your visa is no good - re-entry into the UK on it would be a breach of the immigration rules on grounds of misrepresentation.
Yes as advised by HSMP team I just mentioned my home country postal addresses only.Kayalami wrote: Apply for HSMP EC with the relevant HSMP approval letter - use form VAF1 available at the relevant British Diplomatic Post in your home country. I presume the HSMP Team have your relevant contacts/ address there?
Response from HSMP Team
I have one query, I want to file the HSMP under 28, at the moment I am in my home country from where I will dispatch the papers to home office in couple of days. Do I need to fill out the form FLR (IED) as well if I am not present in UK and filling the case from my home country while I have the uk student visa status with me.
Kayalami, do you think can I face problem in getting EC?If you are currently living outside the UK.
Once the HSMP team receive and consider your completed application they will notify you of the decision in writing. If successful you can then apply for entry clearance at your nearest British Mission (entry clearance issuing post) in your current place of residence.
If you are already resident in side the United Kingdom.
On acknowledgement of a successful HSMP application submit the following:-
* a fully completed FLR (IED) form which you can download from the IND
website or can obtain by calling the applications form line on 0870 5210
224.
* two passport sized photographs
* your passport and those of any dependants accompanying you
* the correct payment (the charge for consideration of FLR is £121,
regardless of outcome.)
In either case, it is wise to be in receipt of a succesful HSMP application
before proceeding any further.
I hope this is helpful.