LTR decision made before HSMP application concluded!

[A-man]

I was on a working holiday maker visa from Australia which expired on 1/7/06. On or around 20 June 2006 I applied for LTR while my HSMP was being processed. The HSMP application was submitted on the same date.

I received recognition of my LTR application (with passport etc) and my HSMP application. On 19 July 2006 I received a letter re my LTR which s/d "we have not received your HSMP application, could you please send asap". I wrote to them (and faxed them) and explained that I had already lodged my HSMP and if it failed then I intented to apply for a review.

On 22 July 2006 my HSMP was rejected on multiple grounds.
On 16 August 2006 I applied for a review and sent it via fax and post (within 28 days by my calculation).

Yesterday I received a letter (dated 15 August 2006) saying that a decision had been made on my LTR and that it had been rejected.

I was and still am shocked. I thought I had until my HSMP application avenues had been exhausted until they made a decision on my LTR.

I rang the Work Permits helpline today and they told me to contact the LTR office. It has been engaged pretty much all day. So I wrote them (and faxed to them) a letter outlining my application for a review of my HSMP and a copy of the letter sent to the HSMP office.

Does anyone know what will happen? I do not really want to be deported and I am reluctant to pay another £330 odd to re-instate my LTR unless I absolutely have to. Does this sound like an administrative error?

I looked through all the posts last night for about 3 hours and found one that was similar from around April 06 but no-one replied. I would very much appreciate someone's opinion.

Thank you so much.

[pro tip for HSMP applications - make sure your employer's reference letters are dated, mine weren't although the letter made it clear when I had done what, and I received a zero ... youch.]

[1971]

Hi,

I really feel sorru for you. But why did you apply for LTR so late? It's always advisable to apply about 2 months before expiry and wait for the decision before switching to HSMP. I think you shot yourself on the foot.

But all the make sure you don't overstay in the UK, because that may eventually make the immigration stamp your passport. I'm sure you know what that means.

You can still request review if you have exceeded the 28 days condition by wriring cogent reasons why you know that your application should be approved. Sorry, did you work as a professional with your WHM Visa, and how long?


Believe in yourself. You can win.

Regards.
1971.

[A-man]

Thanks 1971.

Just to clarify, I am an Australian solicitor and I am still employed full time. I did not breach the 28 days, I applied for a review within time. As far as I understood, the LTR issue did not need to be decided until my HSMP application was decided. Therefore applying 2 months prior to my LTR expiry was irrelevant wasn't it. In any case, my HSMP was decided and I failed but surely the LTR remains in place (allowing me to stay and work) until my appeal avenues have been exhausted !?

You've also said that I should avoid having "my passport stamped" by overstaying. I'm afraid I don't know what that means ... does that mean I won't be able to return to the UK if I leave?

I am now contemplating going home anyway in a month ... how fast are these guys on booting you out of the country? I guess what I'm asking is, will they send someone around to your door or are they having enough problems policing 500,000 illegal immigrants as it is?

This all seems crazy. I'm supporting myself and my girlfriend and, in my opinion, am an asset to the country. I'm sure many foreigners feel the same. If they're going to make it this difficult though, I just feel like I can't be bothered and I will go home back to Australia where the weather is great, the infrastructure plentiful and I won't be booted out! (I'll save my opinion on what I think of the Aus govt's attitude toward immigration - disgraceful)

thanks for your help 1971 and anyone else.