Big Decision -- Input needed

[rella]

My husband received an HSMP approval in November, but we are having major complications with the FLR, since my husband was on a student visa (didn't finish programme) and the rules changed in October for visa-switching, not allowing him to have an FLR approved. The HO refused to change the approval letter to allow EC and the FLR team will not use the rules in effect at the time of his HSMP submission in April of last year.

So... we are now considering this option -- that he applies with a fresh application as an out-of-country applicant. The worry is if the new application is not approved, that we will lose the time we have on his current application, where we could wait until the HSMP is close to expiry -- in May -- and then submit an FLR(IED) as instructed in the HSMP approval letter, wait for refusal and then appeal -- which would buy us several more months of time.

If we wait until the end of this month, my husband has salary points, whereas, he submitted without them before. He applied with 90 points last time -- we have no idea of what he was actually given and this time he can apply with 115 points -- and even if they don't give him full experience points, or significant acheivement points -- one of which they had to have given last time in order for him to be approved, he should have enough points to be approved. But, with the possibility of them changing the rules and/or applying them retroactively, we are a bit concerned that it could blow up in our faces. So, we are worried about endangering the current HSMP approval -- though it's pretty much useless anyway.

Also-- if he applies for HSMP out-of-country, can we still continue to live here? We should be legal, as he applied for his original HSMP while his student visa was still in effect and we have the current approval good through May. I have no idea of how long it might take to process the new one, since there seems to be no rhyme or reason as to whether they process new submissions immediately or place them in the 8+ month queue.

Any advice? We really, really do not want to risk losing our chance to remain in the UK.

Many thanks in advance.

[zeke]

Dear Rella,

I am so angry that you and your DH are undergoing this extraordinary burden!! In my opinion, you are being dealt with in an unethical, and perhaps illegal manner. What a terrible, terrible mess for someone who has followed the rules and has offered so much to British society and has so much to offer in the future. To my mind, this is an unjust situation.

Please forgive me if you have already considered my suggestions here -- there may be some details of your situation with which I am not entirely familiar.

Is there an elected governmental official who represents the area in which you live to whom you can go to for assistance? In my home country, such officials (members of Congress or Legislature) are available for advocating for citizens who are encountering problems with governmental agencies -- especially unusual situations (ie., you are being "caught" between two agencies, neither of whom wish to take responsibility for the terrible dilemma that they have (unethically) created for you and your family.)

Another tactic that has worked for me in similar situations is to contact the local newspaper/media about this burden which the government has placed on you. The British government have been talking so eloquently about the value of the HSMP migrants, their contributions to the econonmy, etc etc etc...

PLUS it sounds like your husband has achievements that may be above and beyond what the ordinary HSMP holder has -- so he is even a bigger "prize" for British society and economy, yes?

I think that the media would be verrrrry interested in your problem. Very interested indeed, especially with immigration being such a hot, hot topic at this very moment. This may be your ideal time to make the media work for you!

In my case, I could go only so far in negotiating with a local city government to come to an agreement about how the problem of myself and my neighbors could be resolved (a problem with parking tickets in a district with a high crime rate) -- when the local newspaper published an article about me and my neighbors and our good faith effort to create a safer neighborhood through greater parking access, I received a telephone call from the City Manager but immediately -, that very morning - -- he offered to change city policy right there on the phone! We got the results we needed!

Maybe others on this forum and/or on the forum cited below will want to go the media with you, or to contact an elected official with you. There can be strength in numbers.

Maybe you already know about this:

http://www.hsmp-services.co.uk/phpBB/vi ... c&start=15

Rella, I wish you every bit of luck and success in this. Keep us closely apprised of your progress.

[rella]

Zeke,

Thanks for your suggestions. My hubby and I put together letters for Clarke, Browne and our local MP. We kept sitting on them, because we couldn't decide whether it was the right approach to take in all this. We're lucky that our MP is a Lib Dem -- so he'd likely be sympathetic. We also live in a very rural area where I'm sure they wouldn't mind a high tech consulting company starting up. But, I can't see what our MP could really do. And I doubt seriously if Clarke or Browne would care about the people stuck in this situation.

It appears that there's a pretty big chunk of HSMP approvals from this time period, who are now not eligble for FLR because of these rule changes. And HSMP and WP say sympathetic things on the phone-- one guy laughed and said, "Yeah, it sure is a Catch-22, isn't it?" But, they also said that there was nothing to be done about it.

We don't feel comfortable going to the press and I'm sure our local paper would write a story. Even though the paper is for the entire county, they publish stories about cats rescued from trees and how a local woman lost 20 lbs. But, I really don't think in this case, it will do much good.

Before I sat down and looked at my husband's earnings for the last 7 months, I was concerned about his HSMP being rejected the second time around. He just barely had the 10 years of pertinent experience and he either had to have those 50 points or he had to get sig acheivement points. We don't know if he got one or both the first time around. The caseworker asked for more evidence for both. So I worried that another caseworker may not agree with the first one's assessment and reapplying could cost us. But, in a few weeks, my husband will have salary points and that should make it a pretty solid application. So, I feel better about reapplying.

I just wonder if it's legal for us to stay during the reapplication? I would think so... And I wonder if these types of applications will be decided immediately, like the new applications going in right now, or if he'll be at the very back of the 8+ month queue?

BTW, when we come back for EC, we will have to go all the way to LA. It would be much easier for us if we could go to NYC. Does anyone from the U.S. know if you have to go to the consulate assigned to the "home" state?

[zeke]

Good luck to you, Rella.

Keep us posted.

I wish I knew the answer to your question about whether you must go to the consulate located in your home state in the US -- it may be worth a phone call or email ...