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URGENT --- Student VISA and FLR

General UK immigration & work permits; don't post job search or family related topics!

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azburki
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Posts: 2
Joined: Fri Jan 14, 2005 8:28 pm

URGENT --- Student VISA and FLR

Post by azburki » Sat Jan 15, 2005 11:12 pm

I need very urgent information. I came in UK in Jan 2003 in August 2004 my Master degree finished I got distinction as well. My studies finished and I got a full time job. I applied for HSMP in August 2004. My visa was going to expire in Nov 2004. I write email to HSMP before my visa expires that can I stay in UK unless HSMP team made decision. I got a reply that I can stay until the decision is made.

After that in Nov/Dec 2004 I got another job offer and that company applied Work permit for me. Now both applications are in process. I am waiting for the both applications decision.

Now due to some family reasons I want to go back. My question is can I apply for further leave to remain with consideration of that I have not got any decision of work permit or HSMP application and my visa is also
expired. So I can go and come back while the decision is made.

Looking forward for your response.

Regards,

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sun Jan 16, 2005 7:50 pm

azburki wrote:I need very urgent information. I came in UK in Jan 2003 in August 2004 my Master degree finished I got distinction as well. My studies finished and I got a full time job. I applied for HSMP in August 2004. My visa was going to expire in Nov 2004. I write email to HSMP before my visa expires that can I stay in UK unless HSMP team made decision. I got a reply that I can stay until the decision is made.
You may wish to review my post on your visa status pending an HSMP application in the HSMP FAQ which in summary states that it is advisable to have a valid visa throughout the HSMP application until HSMP FLR application. You may be successful with an FLR application on the basis of the written e-mail by the HO.
azburki wrote:After that in Nov/Dec 2004 I got another job offer and that company applied Work permit for me. Now both applications are in process. I am waiting for the both applications decision.
It is most likely you will get an initial response on the WP. You should have got an answer back on the WP by now - what position/ field is it?
azburki wrote:Now due to some family reasons I want to go back. My question is can I apply for further leave to remain with consideration of that I have not got any decision of work permit or HSMP application and my visa is also
expired. So I can go and come back while the decision is made.

No - you will not get FLR to specifically sit out an HSMP application. As per the FAQ post I stated before you could have applied to remain in the UK after your degree say to finalise your affairs upon which you would have likely got an extension as a visitor for six months. Regrettably visitors are not able to switch to HSMP status in country so this won't have been of much use anyway. Unless the circumstances in your home country are truly compelling necessitating your absolute and personal presence it is best for you to travel after your WP FLR or HSMP FLR is approved. As a by the by on what basis/ how are you maintaining and accomodating yourself - this is an issue the HO will need you to address at FLR application stage.

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