leave to remain problem ,HSMP

2002sailing · Post by **2002sailing** » Thu Jun 03, 2004 1:25 pm

my students visa will expire on 31st july, definitely I cannot receive the approval from HO before that date, should I need to extend my student visa?

thanks

Chess · Post by **Chess** » Thu Jun 03, 2004 3:25 pm

...........Not necessary to apply for student Visa extension,

As long as your HSMP application is recieved by HO before your existing leave to remain expires- then you are OK. You have a right to remain until your case is determined

Good luck

siber · Post by **siber** » Thu Jun 03, 2004 4:10 pm

Hi,

I've just gotten a reply from the Work Permit Team on the same request:

***
If your visa is expiring then you should submit your passport with the FLR
form before it expires - i.e. before you have your HSMP decision. this does run the risk of you losing the £121 but it will mean that you can stay
legally in the UK.
***

I wonder, is it OK to apply on FLR without HSMP decision and "run the risk of losing the £121"?

What do you think?

tvt · Post by **tvt** » Fri Jun 04, 2004 11:19 am

Chess, I am not too sure that this is still the case. The general rule is that you can legally stay in the UK whilst your FLR application is being considered provided that you have submitted your application whilst your former immigration status was still in force. However, HSMP is not an FLR application anymore but an IED application. The FLR stage comes only when your HSMP application is approved and you submit an FLR (IED) application.

Chess · Post by **Chess** » Fri Jun 04, 2004 1:00 pm

tnavon wrote:Chess, I am not too sure that this is still the case. The general rule is that you can legally stay in the UK whilst your FLR application is being considered provided that you have submitted your application whilst your former immigration status was still in force. However, HSMP is not an FLR application anymore but an IED application. The FLR stage comes only when your HSMP application is approved and you submit an FLR (IED) application.

TVT,

Switching from Student Visa to HSMP is allowed - so if a student applies for HSMP and submits his/her ppt as well then they have a right to stay until the case is resolved...this is further clarified by Siber's post above

...Hopefully this scenario will become clearer in the future

2002sailing · Post by **2002sailing** » Sat Jun 05, 2004 2:06 am

It's an ambiguous problem. should I need to send an email to HSMP team or work permit team to make it clear?

2002sailing · Post by **2002sailing** » Thu Jun 17, 2004 1:31 pm

I just got explanation from Home office as follow,it's very clear

In response to your concerns, under Section 118 of the Immigration Act, you
are allowed to remain in the U.K. providing you have made an application
before the expiry date of your current Visa. I would advise you to remain in
the U.K. to await the outcome of your application.
I trust this answers your query.

Chess · Post by **Chess** » Thu Jun 17, 2004 2:17 pm

As is usually the case - the forum answers to your query are consistent with the HO response

2002sailing · Post by **2002sailing** » Thu Jun 17, 2004 3:56 pm

another response from another office confirm this again:

You may submit your FLR(IED) application no earlier than 5 weeks before the
expiry of you current leave to remain even if your HSMP application has yet
to be completed.

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leave to remain problem ,HSMP

leave to remain problem ,HSMP

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