How to get past customs in the UK (close to visa expiry)

[drewchad]

Checkmate,
If you read the wording of the question posed to the home office:

"...it was confirmed that an applicant who applies for the Highly Skilled Migrant Visa could continue to work in the UK as long as their Leave to Remain remained valid. However, if the leave expires while the application is being processed are they still able to continue working until a decision is made on the application?"

They are asking can a person stay once leave expires and a HSMP application is in process not an FLR application.

The home offices answer is:

"In response to your query below. If you submit an FLR(IED) application
before the expiry of your current visa, then you are entitled to remain
in the United Kingdom under the same conditions of that visa until such
time as a final decision is made on the application. This applies your visa
expires whilst the application is still under consideration."

I would interpret they are referring to the HSMP application, not the FLR application in the second instance of the word application and therefore submitting FLR even without an IED is the correct procedure.

I 100% agree that this advice is contrary to the guidance notes on the FLR, but I would also like to point out that the form I applied for HSMP said it would take approximately 1 day to process the application and I'm sure you'd agree this isn't correct either.

Plus there are two seperate Home Office staff stating this is the correct procedure.

Why does no-one trust the Home Offices advice?

[Chess]

It is not that I dont trust the homeoffice advise - but you will agree with me that some of the junior case workers dont know the rules properly...


...unfortunately, as expected, we all TEND to read rules in our favour - but we ought to considser the worst-case scenario

[drewchad]

I personally think, maybe with some bias (as you've stated), that mjwall's visa advisors, who he has obviously paid considerable money, would be rather cautious to ensure they give out the correct advice.

Also, the person I received confirmation from was the head of Customer Relations at HSMP & not a case worker. I would be very surprised if junior caseworkers were answering enquiries from visa advisors, surely this would be handled by someone with some seniority especially if it is asked to be confirmed in writing.

[f2k]

Maybe i am reading it differently from everyone else. but from the first time i read it, what i can say is that the response from the Ho guy did not say anything new,

As far as i understood it (even before the intoduction of the interim arrangement), one could continue working/ studying or on Whm etc. for as long as they submitted their application of FLR (renewal or change) was submitted b4 the expiry of their current LTR. that hasnt changed and that is what the HO person there said.
however from another angle, one can say he did not fully answer the question in regard with the 2 part application process. his answer only seems to refer to the instance where one has submitted an application for FLR not just the application for HSMP.

you might find a post from Rella, where she is now experiencing some difficulty with getting FLR even though they applied for HSMP well b4 expiry of visa, but i dont think they applied for FLR at the same time.

another question people were asking is that ' if you are say a WP and have applied for and had your HSMP approved and are now awaiting your FLR, can then switch jobs (this is in reference to the interim arrangements)? my reading of the answer (even though the question was not directly asked) from the person at HO is that your cannot do that

Qoute "You are therefore only entitled to work as specified on the visa you were holding at the time your application was made" . This was always the case.

it seems the interim arrangement only relate to WP to WP switches as there in no mention of HSMP in them, i think there was a posting from try-one confirming something to that effect

[drewchad]

Mjwall,
Who sent the email to the HO, was this someone you paid money for advice?? Can their advice be counted on?

[mjwall]

Mjwall,
Who sent the email to the HO, was this someone you paid money for advice?? Can their advice be counted on?

Yes they can be trusted. They are my tax advisors and also specialize in Visa applications. The person who emailed HO is the Immigration Services Manager of DMS London. I am trusting their advice as they also needed to know to give out information to other people in my situation.