Pregnant and worried about my HSMP application...

Hi all,

I obtained leave to remain status under HSMP in 2004, it first granted me one year to stay, and I extended it in 2005 and it's valid till 17 May 2008. So last month before the visa expires, I made an application.

However I made the wrong application, I applied for settlement (thinking I was here for 5 years without realising one year of which belongs to a student visa). So my settlement application was refused. I only received my refusal letter yesterday. But now I don't know what to do.

Now my visa has expired, can I apply for extension for Tier 1? Or do I need an initial application as I was in the old HSMP but not the new Tier 1?

I rang the home office twice, someone said I can still try to apply with a cover letter explaining why my application is late. But another one said my application won't be considered because it's gone pass its valid date.

I'm now 3 months pregnant and my husband and I are very concerned as to what this all means to us. Ideally we don't want to have a long haul flight during pregnancy and we don't want to spend time apart during this time.

A little info:
I'm married in the UK in August 2007.
My husband is a UK citizen by birth.
My HSMP visa ran out 17 may 2008, I had 4 years under HSMP.
I'm now 3 months pregnant.
I have a job, a house and full driving license.

Any opinions on the subject will be very much appreciated... thank you in advance.

A very stressed and distraught,
Annie

Hi Annie,

I am surprised that you did not think of this option.

As your husband is a UK Citizen, why dont you apply as his dependent and get your visa, in that case also you will obtain your settlement and you can continue working and enjoy the privileges.

Please correct me if I am wrong.

Thanks,
touk

AS PER tribunal ruling u can apply of ILR they refused u can go to high court

as u r part of old hsmp rules

take a good chance

annieko, best thing in ur situation is to switch on to ur husbands citizenship / dependant. if they reject ur application based on the overstay, u can file a complain

I might be wrong here, but I think one can not start working,merely as a dependent of a british citizen. You need to be a british citizen or on a VISA category which allows you to work, that you can work.

To become a british citizen, a dependent has to spend atleast 3 years.

But as I said, I might be wrong here.

touk wrote:Hi Annie,

I am surprised that you did not think of this option.

As your husband is a UK Citizen, why dont you apply as his dependent and get your visa, in that case also you will obtain your settlement and you can continue working and enjoy the privileges.

Please correct me if I am wrong.

Thanks,
touk

Why don't you try sending in the Tier1 application with a covering letter. You'll never know till you try!

i dont think its worth wasting £750, unless u have spare money. best thing will be to seek professional help

I agree. Seems more like a job for professionals.

push whatz the status with ur application?

vipul1981 wrote:push whatz the status with ur application?

A lill bit of an old timer. have been in UK for past 2+ years. Am here just to help out ppl. & learn from them too

kind regards,

push_hsmp

I might be wrong here, but I think one can not start working,merely as a dependent of a british citizen. You need to be a british citizen or on a VISA category which allows you to work, that you can work.

That's not correct. Anyone as a dependent of either a british citizen or a person on a working visa has full rights to work in the United Kingdim.

I've been ringing everywhere yesterday, I rang the home office many times and every time I seem to have different answers... One guy told me to apply for extension under Tier 1 and include a cover letter. One very helpful girl told me that she confirmed with her senior that late applications will not be considered no matter what reason I gave. Another lady told me to apply for extension and include a cover letter too.

I was very worried because the only one who asked their senior came back with a no for answer. So I continued ringing different numbers I had for other advises. Left my number at 3 place and no one came back to me, the immigration advice in Home Office all said I'm now over staying and if I have no right to stay I have to go home. And that I cannot apply for a spouse visa while I'm still in the UK.

In the end I decided to try to apply for extension under Tier 1, and I included a cover letter explaining why my application is late and that I'm married to a british citizen and am now pregnant. I sent it off today. I know it's another £750 to spend but I'm so worried that if I don't take actions asap, it might have a bad impact on whatever actions I take later on.

Does anyone know if a late application will be considered at all?

Under the current circumstances (of rejection) and from a legal standpoint, I think you have no legal right to remain in UK and can be termed as an overstayer (merely stating the legal standpoint, so please do not take offence). For the same reason, your extension application might be refused as it has been made after expiry of your current leave to remain.

The error was from your end (applying for settlement rather than extension) and I don't see why BIA would take a lenient view in your case.

As far as the feedback from BIA helpdesk suggesting that you could apply with a explanatory note is concerned, if I were you, I wouldn't go by the word of the telephone operators who have no understanding of the immigration law (or if they do, it is severely limited to what they have learned on CBT before sitting on BIA helpdesks). And more so when a so-called "senior" member has confirmed that it cannot be done.

Anyhow, what's done is done. It is highly likely that your extension application will be refused. Hence I would sincerely suggest to you that you seek legal advice as to your options of extending your leave to remain in UK through alternate legal means.

With the limited knowledge I have, I think it will be a good idea to start thinking on lines of becoming a dependent of a British citizen. Since applications as a dependent have to be made from outside UK, you will have to return to your home country to apply.

But as I suggested earlier, do get legal advice ... there might be other options available to you.

regards

I believe you stand a 50:50 chance of getting a tier1 visa approved with a strong covering letter. I say this based on personal circumstances, Home office staff do have the power to excercise discretion and they sometimes do.

Ultimately it is up to you to decide what to do however, and it may be fairly easy to get a spouse visa from your home country, especially if you do it quickly. It is also good to seek legal advice but always bear in mind that they sometimes offer misleading advice. So make sure you get more than one opininion and keep yourself in the loop about the situation.

It must be especially stressful going through this while you are pregnant, I hope it all works out well for you.

sushdmehta wrote:Hence I would sincerely suggest to you that you seek legal advice as to your options of extending your leave to remain in UK through alternate legal means.

With the limited knowledge I have, I think it will be a good idea to start thinking on lines of becoming a dependent of a British citizen. Since applications as a dependent have to be made from outside UK, you will have to return to your home country to apply.

But as I suggested earlier, do get legal advice ... there might be other options available to you.

regards

Completely agree with sushdmehta. This is what I suggested in the first instance. Please dont take it otherwise, but if you can afford to reapply what is the harm in seeking a legal help. If not anything, a professional would have atlast helped you in representing your case properly. The more goof ups you do and get them documented by applying to HO might more you mar your chances of getting LTR even through other routes. Do not want to scare you but, overstaying is not looked at as favourably by the ECOs.

Anyways, given the situation you are in, we can wish you luck. Keep us posted on how it goes for you.

Take care,

push_hsmp

thanks for the suggestions... can anyone give me some means to get professional advice?

the whole reason why I applied for extension so quickly is because I really panicked and overstaying is the last thing I want.

Anyone have any idea how long will a spouse visa take to come through? weeks? months?

annieko wrote:thanks for the suggestions... can anyone give me some means to get professional advice?

the whole reason why I applied for extension so quickly is because I really panicked and overstaying is the last thing I want.

Anyone have any idea how long will a spouse visa take to come through? weeks? months?

Do a google on immigration lawyers. It is always better to go with (or so do I think) lawyers who specialise in representing applicants from one's own country as they know what could be the additional dimensions attached with a particular nationality.

Have no clue on how long it takes to get a spouse VISA but there is a forum on immigration board itself regarding the same. Just go to the main index http://www.immigrationboards.com/index.php. You should easily find it.

regards,

push_hsmp

Just an update on this... I've got my passport back last week, and it's been approved.

So apart from having to spend an extra £750 and a lot of worrying, everything is fine and I can wait for my little one to come to the world in peace.

Congratulations. really happy for you.

1971
Take a second to think before taking a leap.

Great lessons for all.