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AuthorPost
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Member # 3726
Posted October 08, 2003 09:51 PM
Hi Looney,

Thanks for your comments.

I have taken legal advice (only this week) and my advocates have said that it looks like my answer to their questions are absolutely brilliant... so they said I don't have to withdraw my application at the moment.

I took legal advise only recently because I had to sign a couple of new long term contracts with customers and since I was unable to predict the HSMP renewal decision, I was in a fix as to whether to sign the contracts at all, because if for some reason the renewal does not happen, my customers will sue me in court for non-compliance of the signed contracts... which can not only put me in legal trouble, but as a business entity (even though a one man company) I would end up losing my credibility on business compliance, which can cost me for ever, even if I went out of UK because of HSMP.

So I consulted my advocates before signing new contracts this week and they said I could go ahead and sign the contracts, but in case the HSMP gives me a negative decision, and I have to break the contract because of that, then no doubt my customers can sue me but in turn I could sue the IND, UK HO and the HSMP dept. for :

1. Loss of business because of uncertainity in HSMP decision,
2. Undue hinderance in business continuity
3. Defamation and loss of business profits
and above all, all legal costs.

They said this can be a heavy cost for Home Office to bear.

So, as per my advocates If i get sued by my customers, I can immediately sue the UK Govt. for the above reasons.

They have asked me to document the recent communication which says that they are unable to take a decison because of their lack of knowledge in non-immigration UK laws.

Anyway, that's how things are at the moment.

Lets just wait and see what is in store for me.

I have prepared a detailed report of my case, HSMP delays quoting all the undue hardship that I am going through and sending out that letter to Home Office and a copy to the HO Secretary as well tomorrow.

Hope that might help my case, and other HSMP applicants who are on self-employment.

Will keep you all updated.

regards.

User
Member
Member # 3726
Posted October 10, 2003 10:59 PM
Hi All,

I would just like to mark a completion to this message thread for everybody's convenience and for future reference and analysis.

To sum up, my HSMP visa has been successfully renewed.
Please refer to my new thread on my case at:
My successful HSMP renewal

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