Post
by Jeff Albright » Sun Apr 08, 2007 9:46 am
First of all, don’t be scared by those IS151A and IS152C. In order to return, you need either successful HSMP approval or WP approval for the period longer than 1 year (the longer the better). When you are ready to make your visa application under WP or HSMP, you can even give copies of your IS forms to the ECO and explain in the cover letter why they were given to you. If you do not intend to apply for visas into other countries before the expiry of your passport, you don’t need to worry about that removal stamp in it. You should explain every detail as to why your employer’s Work Permit application was refused and that there was a major confusion as a result of this. Also state in your letter that you have received inadequate advice, that you never broke any rule, that you always worked for one employer, supported yourself and your family without public funds, had no criminal record (apply for UK police clearance and once issued, enclose a copy).
I can assure you that what happened to you will not affect your future WP or HSMP visa application. The more honest you are, the sooner you get your visa. I am even certain that they will not need your IS151A copies and they will be returned to you when your visa is issued. The Embassy tries not to keep any unnecessary documents on their local file.
Once you have left the UK, all your previous immigration history had been put behind you and it is unlikely that the ECOs will dig into it in the particular circumstances of your case, as I found them to be. A detailed statement from you as suggested above is all that will be necessary and your visa application will be processed quickly and may be even without any interview. However, because you have lived in the UK previously, the ECO may refer for a decision to the Home Office but referrals for decisions for Work Permit visa applications are normally disposed of quite quickly (within a month). I also have a feeling that if you prepare your VAF thoroughly, your visa application may even fall within the range of straightforward ones and a decision may be made locally without reference to the Home Office. That would mean you may even get your visa within 24 hours depending how busy the visa section are.
I suggest that you do not follow up your appeal. The Home Office were legally correct in refusing your FLR application.
I would also advise you not to instruct a solicitor, as your case is not complex or extraordinary. If you follow the advice given to you in this post it will make you a successful visa application.
If you have any questions, just feel free to post them here.
Best wishes and good luck!
Jeff
