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AuthorPost
Zamboni
Junior Member
Member # 7040
Posted May 14, 2003 11:11 AM
Well i left the job in Apr 2002. since then i was unemployed for about 7 MONTHS. then i got a contract with a gove dept. they said that they will do the WP after the initial period of 3 months but unfortunately in the new "shake up" my post was left out and the contract finished. for the income, i can show my income from the sort of jobs that i will get.
based on thse facts, are there any chances of me getting stay on HSMP? i got a Masters in IT that i did in London. had a WP from a company and worked there for a while. then moved to another one and they got me a 5yrs WP. now its just stamp on the pp till 2006!
Elisa
Member
Member # 2487
Posted May 14, 2003 11:51 AM
It seems you've been working illegally. From this post and your other post, you are in UK illegally and any work you do without a work permit and/or special visa is not legal. You won't get HSMP now as how will you explain your work over the last 12 months and your presence in the UK. A Masters won't save you if you've broken the law, that's the bottom line. And please stop saying you have a work permit til 2006, you left that job so the permit is not valid anymore. I believe another poster suggested you get a lawyer.
Kayalami
Member
Member # 5984
Posted May 14, 2003 04:16 PM
Just to add to Elisa's and my earlier post. I am somewhat surprised that a Government department employed you while you clearly did not have the legal right to undertake such employment? How was this feasible? Did you falsify any information?

In any case a period of 7 Months of unemployment is too excessive even with the grace period you would luckily get solely due to the HO delay in sending you the letter requiring you to leave the UK or change status. You should have converted to a student for example if you were/ are a non visa national. Did you at any time after leaving the WP employer leave the UK then return using the WP?

Your application for HSMP will fail. You cannot use assumed income from future earnings to meet the income requirment factor for HSMP. It has to be earned income in the last 12 months preceding your application. You can only use employability and future earnings to further support your application for HSMP not as the basis for its grant. On today's date the income assessed would be your salary from the 14th May 2002 - 13 May 2003. You only started working in Nov 2002 and then presumably only worked for 3 months. You need to show earnings of 40K/annum in the UK. It will also draw the HO attention to what really appears to be your extended period of stay and working contrary to the immigration rules as you had no permission to do either.

Get a lawyer when changing status in the UK or else leave the UK. The latter option is the best thing to do as the government is starting to really focus on people who no longer have valid leave. As regards to your 2006 comment note that all your WP's are no longer valid from the date you left the sponsoring employer. I am sure a good lawyer would advise you to do the same. We are just doing it for free.

[ May 14, 2003: Message edited by: Kayalami ]

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---audi alteram partem---

Loonycat1
Member
Member # 664
Posted May 14, 2003 10:48 PM
Zamboni,

The advice you have been given is correct and I am happy to charge a fee to tell you the same thing.

Forget HSMP and take some decisive action regarding your status in the UK. But as it stands, you have no legal basis to be here or to be working without new approved sponsorship so the HSMP team will not look favourably at any application you submit.

Good luck with plan B mate.
LC1

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