Urgent advice needed - visa expiring very soon

[Cool]

Please advise:
A friend in the UK is yet to get a response to his HSMP application and the current visa is due to expire in a few days. He does not qualify for FLR without HSMP approval. Has already sent an Urgent Request Form but no response yet.

Can he make an application for FLR before the HSMP is approved? Will the consideration for FLR be delayed until the HSMP is decided? If it is possible for him to apply for FLR now, please give detailed guidance.

Thanks.

[MWazir]

I am afraid the FLR when it comes for consideration will be rejected because your friend does not have an appoval. Unfortunalty the turnaround for FLR is a lot faster than HSMP approvals.

[Cool]

Thanks MWazir.

[John]

Cool, MWazir is right.

In order to prevent him becoming an overstayer when his current visa expires, the best he can do is to post the extension visa application, and deliberately pay by cheque ... to slow matters down.

Hopefully the HSMP application will succeed and then he can post in the proof that it is successful before the visa application gets rejected. Or he might need to appeal against the rejection and enclose the HSMP-successful proof.

Worse case .... HSMP application rejected ..... means loss of visa application fee.

[Cool]

Thanks John,
Will explore that option.

[MWazir]

What visa is he currently on and how much time has he spent on it? One of his obvious options is to go back to his home country and await the result of his HSMP application and then apply for EC. The downside is if he is on a visa that leads to settlement in 5 years time, then his ILR clock will reset. However its not so much of an issue if he is on non-settlement type visas or has spent little time on a visa that leads to settlement. Instead of complicating his immigration status, he could just head home until his results are out (and hopefully his application is strong enough to merit an approval)

[WoodieG]

I'm 100% sure that if you apply for Leave to Remain before your HSMP is decided the Leave to Remain team will hold onto the application until a decision is made on the HSMP application. Once a decision is made they will then process the FLR application.

Also, if one applies before your visa expires then the visa is automatically extended until the FLR decision is made, meaning the applicant can continue on the existing visa's terms even if it expires during the process.
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[MWazir]

I'm 100% sure that if you apply for Leave to Remain before your HSMP is decided the Leave to Remain team will hold onto the application until a decision is made on the HSMP application. Once a decision is made they will then process the FLR application.

I know at least 2 cases where the FLR was rejected because it was applied for before the HSMP application was decided.

Can you let us know how you are so sure?

[WoodieG]

I think 100% sure may have been a little strong, the people in the Home Office I have spoken to (advisors and case workers) are sure, they always quote section 118 of the 2002 Immigration Act.

http://www.opsi.gov.uk/ACTS/acts2002/20041--g.htm#118
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[John]

All Section 3C is doing is stopping the person becoming an overstayer while the visa application is decided, and if the application is rejection, until the time limit for appealing against the rejection has expired.

Useful, but it does not stop the application being rejected, in the absence of HSMP approval.

[WoodieG]

Good point, but from personal experience they will happily wait for the HSMP to be approved. I assumed it was in the rules for them to do so, maybe it's at the discretion of the caseworker.

I'll find out later.
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[WoodieG]

I rang the Leave to Remain team earlier, they told me that they will hold onto a case until the HSMP is decided.
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[Cool]

Thanks all,
Based on how things evolved, it seems the FLR team waited for the HSMP result.
HSMP has been approved and FLR granted.

Regards.