what if the current student visa expires

[raj]

hi all,

please let me know what to do in following circumstances:

1) what if I donot get the result of my HSMP application before my student visa expires on 31st OCT 04 will my stay in uk after 31st OCT would be illegal, if yes , what to do then

regds
Raj.

[try-one]

IMHO, you should not overstay, if you break the inmigration laws you are risking your new visa.
Try to extend your student visa, I understand (i know people) you can stay up to 4 years in the uk with a student visa, extend it (english, IT trainning, etc) and then wait for the hsmp desicion.

[mjbascetta]

I am in the exact same position, my student visa expires on the 31st of October as well and I have applied for HSMP through a consultant. They informed me that as long as the HSMP application is in process you can legally (and should) stay in the UK until you get a decision. But if the unfortunate happens and you (or me for that matter) are rejected, then you will have to leave within 28 days of the refusal. So it may be in your interest to extend your student visa anyway, just in case. Hope this helped, good luck,

-mjbascetta

[jellyrim]

We are exactly in the same situation mates. I was also told that the applicant can legally stay in UK until a decision is made. However I am not sure if we need to send the passport to HSMP and request any evidence of the application. Since HSMP give applicant nothing but a reference number, I do not know what to do if unfortunately a policeman checks my passport and asks why I have not left UK before the visa expiry date....

[mjbascetta]

You do not need to send your passport in anymore for HSMP. After receiving HSMP approval, you then send in your passport with an FLR application (and another £121 fee). There should be no reason for a policeman to check your passport, I've been in the UK for 3 years and never had my passport checked except at the airport and when I applied for a National Insurance number. Wouldn't worry too much, just wait for the decision. Cheers,

-MJB

[jellyrim]

Hi mates. I have just found some changes in the FAQ post as below:
"IED applications submitted on or after 1 April 2004.

1. Application is only for acceptance on the IED scheme and not both IED scheme and IED FLR. This is why a passport is no longer submitted.

2. Once the IED is approved you must apply for distinct Further Leave To Remain on Form FLR IED.

The most important requirement when making an FLR application is that you are in the UK on a valid visa. This presents a problem where the IED processing times are lengthy i.e. HSMP and there is a risk that your current visa will expire before the IED is approved. To counteract this applicants should:

1. Apply for the IED as early as possible within the validity of their UK visa/ Leave To Remain. If applying for the HSMP scheme where this is most likely to be problematic it is best to make sure you have at least six months remaining on your current visa.

2. Leave the UK before the expiry of your current visa. When the IED is approved then apply for the relevant IED visa at a British Diplomatic Post abroad.

3. Apply for further leave to remain in the UK on Form FLR(O) towards the expiry of your current UK visa. You need to tick 'other' on the options listed on the form and state that you are organising your affairs before leaving the UK. The Home Office will likely grant you 6 months FLR but the disadvantage here is that this leave is on a 'visitors' basis complicating matters as it is not possible to switch from visitor to IED FLR unless the HO exercise discretion and also discontinuing the ILR counter for those on a WP.

4. Request the Home Office to exercise their discretion at FLR IED stage where you did not do (1), (2) or (3) and your leave/visa has expired. The danger in this strategy is that if the FLR IED is refused you will have no rights of appeal. Rights of appeal only apply to those who have made an application whilst their current visa is valid. Anectodal evidence shows that the Home Office are mostly doing this i.e. discretionary approval despite a lack of existing leave to remain. "

Based on this, have you done anything on our circumstances?