Apply from UK or country of residence

hi,
Currently I am on a co sponsored work permit and working in UK.
I would be going on leave to India for a month and wanted to apply for my hsmp before going , reason being I will be 28 by the time I return and I can easily qualify now.
My question is can I apply from here and state my residential address as my Indian address ?
This way I need not supply them with my passport as well which I will need for travel .
I have tried to call the Home office abt this but they seem to be extremely busy.
All comments / suggestions are welcome

kissnkar

It would be much easier on all fronts to apply in the UK before you travel. Applying in India would mean a new entry clearance and it probably couldn't be done in a month. Everybody is complaining about the logistics of sending packages to India as well as the EC process in India. Furthermore, you may also have to restart you ILR clock.

Alternatively, if you are on leave, wouldn't you still be working when you returned to the UK? If you will be working, then apply for HSMP after you get back.

Joseph

kissnkar - need to know when you entered the UK on your WP and what is its validity to give you a range of options.

Kayalami,

I arrived here on may 2003 and going back next week for a months leave

Joseph,
I cant apply after I come back coz I would be 28+

Sorry also my current wp expires on 24 Apr 2003 and has been extended till apr 2004

So you arrived in May 2003 but your WP expired in 24 April 2003? I'm totally confused.

Joseph

sorry my mistake I meant my wp expires in apr 2004 and has been extended till april 2005

An in-country application for HSMP scheme is also considered an application for variation of leave to remain in the UK from whatever status you currently hold to HSMP where this is allowed in the immigration rules. This is why you also submit an application form FLR(HSM) in addition to the standard HSMP application form - under 28 or over 28. This application requires the submission of a passport with evidence of your current immigration status.

Under the Immigration and Asylum Act 1999 as amended by the Nationality, Immigration & Asylum Act 2002 an application for a variation of leave is classed as abondoned where the applicant leaves the UK before a decision is made on the application. If you leave the UK after submitting your HSMP application the FLR(HSM) part of it will be abondoned. The HSMP Team having your passport prevents you leaving the country without their knowledge thus stopping FLR(HSM) processing and anyway helps you by ensuring you do not fall on this aspect of the rules.

You will have to either:

1. Apply for HSMP and not include FLR(HSM) form with a covering letter saying you are resident in the UK but will be out of the country during the HSMP decision making process. You must submit a copy of your WP FLR stamp, passport bio-data page and I suggest letter from employer saying you are going on holiday and will be returning in a month. If you get back and your application is not yet decided you should send HSMP Team your passport and FLR(IED) application form - the Immigration Employment Document Form is being introduced from 1 April 2004 for FLR applications on the basis of a WP, HSMP, TWES and SAWS. Alternatively if you find an HSMP approval letter upon your return then send it together with passport and required documents to the relevant address - details should come out soon but I suspect it will either be Sheffield or the usual payment centre in Walsall (postal applications) or Public Enquiry Offices (in person applications).

2. Delay your holiday and submit your passport with your HSMP and FLR(HSM) application forms. In this case you won't pay for FLR bit.

kayalami,
Say If I choose to go via option 1 ie submit my app with copies of passport and wp , this means that I have to pay 150 £ for my hsmp at the time of applying and maybe an addtitonal 121£ for my IED/FLR(HSM) only If I havent received the HSMP approval letter. Is this correct ?

Also pardon my ignorance but what does "application for variation of leave " actually mean
If you could also clarify the below mentioned quote

The HSMP Team having your passport prevents you leaving the country without their knowledge thus stopping FLR(HSM) processing and anyway helps you by ensuring you do not fall on this aspect of the rules.

Thanks for your advice

Kayalami,

Your suggestion in point 1 is very innovative in getting around the under 28 issue.

On point 2, I believe that the FLR(HSM) will be replaced by the FLR(IED) on 1 April. So the FLR part will cost £121 in either case after 1 April.

Joseph

kissnkar,

Say If I choose to go via option 1 ie submit my app with copies of passport and wp ,

Note that acceptance of my suggestion 1 is at the discretion of the HSMP Team - they may especially given that you have a WP valid to 2005 say you apply upon returning from holiday.

this means that I have to pay 150 £ for my hsmp at the time of applying and maybe an addtitonal 121£ for my IED/FLR(HSM) only If I havent received the HSMP approval letter. Is this correct ?

I do not quite understand your question. If your holiday is for 1 month you will be back in the UK after 1 April 2004. Applications for a variation of leave based on an immigration emloyment document e.g. HSMP, WP etc after 1 April 2004 must be submitted on Form FLR(IED) with a GBP 121 processing fee. This is irrespective of the date on your approval letter - I doubt it will be in March given that you have not submitted the application, we are into the last week of March, it takes about a week to process application fees and 6-8 weeks on average to process an application. Sorry dude your plan to avoid paying a variation of leave fee whilst going on holiday is just not working is it

what does "application for variation of leave " actually mean

an application to change your immigration status when you are in the UK.

The HSMP Team having your passport prevents you leaving the country without their knowledge thus stopping FLR(HSM) processing and anyway helps you by ensuring you do not fall on this aspect of the rules.

If the HSMP Team don't have your passport they cannot process the variation of leave stage of your application because there is no guarantee you are in the UK. By them having your passport they know you are in the UK and will consider this stage as well so saving you the hastle of applying for HSMP LTR later possibly at a fee. If they didn't ask in country applicants for their passports then they wouldn't get an HSMP LTR stamp - how does employer know its you who has HSMP status even if given HSMP approval letter. Combination of approval letter and HSMP stamp on a passport with your photo proves its you with HSMP status .

hi Kayalami,
Thanks for your detailed response. I had a word with the HSMP team and explained my situation and they said they might consider it If I send them a cover letter explaining why and my travel documents just like you said.
Also they dint mention that I dont need to send the Form FLR, maybe they would discard it If I sent it, do you see any harm in my sending that with my application.

thanks

Also they dint mention that I dont need to send the Form FLR, maybe they would discard it If I sent it, do you see any harm in my sending that with my application.

IMHO won't make a difference either way as they can't process FLR (HSM) without your passport - by the time you come back from holiday you will have to apply for leave to remain on HSMP basis on Form FLR (IED). However if it will make you sleep easier you can submit it..you still trying to not pay the GBP121 fee..dude you gotta make up your mind about this holiday thing you know .

just to clarify I am not avoiding the charges for the Form FLR (IED).
Thing is I dont want to take a risk or give them an excuse as already there are enough things that are uncertain
also I spoke to two people from the hsmp team and both said different things like one said go ahead and we will process the app and the other vice versa
Anyways I am going ahead with my app and keeping my fingers crossed

thanks again for your inputs