Dawie wrote:The reason you received the letter is because you are now technically an illegal immigrant in the UK as you do not have any valid leave to remain.
The reason why the person was given IS75 and IS76 may not be only because he is an illegal immigrant. This document is given under Section 120 of INA 2002 to provide the person with opportunity to raise any points he has not raised before to support his wish to remain in this country. The person may be illegal may be not. For example, if his application has been refused and he has spent a considerable time in the UK establishing the family life here (potential Article 8 claim under ECHR that has not been raised yet) it may be appropriate to issue this One Stop Notice. One Stop Procedure ensures that all the grounds are brought in "one stop", i.e. any further grounds brought later or deliberately withheld would not give raise to any right to appeal in case of an adverse decision made in the future.
While your HSMP application was being considered your student visa status was frozen. However because your student visa expired during the application, your leave to remain ceased to be valid as soon as they rejected your application.
It is not clear what application author was talking about. If he has submitted HSMP Skills Assessment application but has not submitted FLR(IED) on that basis before his leave to remain as a student expired, then yes, he would be classed as someone without leave. However, if his FLR(IED) got refused then he would not have been treated as someone without leave until 28 days after refusal without appeal. It is essential to submit FLR(IED) together with HSMP if it is clear that the leave to remain as a student may expire before the HSMP consideration has been completed.
