Multiple queries on a complicated visit,tier1,student issues

[commidan]

I applied for HSMP in may as an outside UK application, although I was phyisically in the UK while I applied because barclays bank where I get my earnings wouldn't stamp on statements without being in a branch myself. So I applied for a visit visa and came here (with my wife) just to get them stamped and sent my application over.
I thought I would spend some time in the UK as a break until my application gets decided. I was then struck by the huge delay in processing old HSMP applications and it looks like I have to wait for another two months at least which is not possible because I want to start my MSc course in September, so I definitely need to get either Tier1 or student visa before end of September.
So right now I have many issues to worry about:

1. I heard someone saying that an out-of-country application can't be sent from inside the UK and that when they see royal mail stamps they will reject it, is this really possible?

2. I was too optimistic about my HSMP application to the point I have rented a house for me and my wife to live in with our names. Is this legal given that I'm on a visit visa?

3. Since Tier1 chances to get in time are very slim now I need to go back to my country to apply for a student visa for me and student dependent for the wife. I have an unconditional university offer and have paid the deposit. My problem now is that how much money I need to show to be able to get the Visa for both of us? Do i need to show amount enough for all the university fees and all living expenses? (that would be more than 30,000 since uni fee alone is 15,000 and it's in London so accomodation is not cheap)

4. Can I attach my lease contract for the student visa purposes (given that I rented the house on a visit visa) or will i be like shooting my foot?

5. If we came back to the UK as student/student dependent then like in a month time I got my HSMP decision with approval, can I switch in-country? can my wife also switch to tier1 dependent in-country?

I know this very complicated but I'd appreciate any help from this wonderful place.

[geriatrix]

1. If you applied from within UK and mentioned in the application form that you are in UK as a visitor (I remember that the form asked for immigration status), then your application *will be refused* in all probability. If you applied from within UK .. just because you were here and thought it will ensure safe/quick delivery ... then reading this might give you an idea of what might happen.

2. If you are in UK on a visit visa, you'll not be able to change to HSMP/Tier 1 visa from within the UK (if your HSMP application is approved). You will have to return to your home country to apply for EC. Regarding taking a house on rent in UK, I don't think there is a law preventing you from renting a home to accommodate yourself while you are in UK (but not 100% sure).

3. Yes! Otherwise how do you plan to convince the ECO that that you can pay for your educational course and also sustain yourself (and any dependents) without recourse to public funds.

4. Can't say.

5. Yes, provided you qualify for another immigration category available at that time that allows you to switch in-country (e.g.- Tier 1) and that you can meet the necessary requirements / conditions.

regards

[commidan]

1. If you applied from within UK and mentioned in the application form that you are in UK as a visitor (I remember that the form asked for immigration status), then your application *will be refused* in all probability. If you applied from within UK .. just because you were here and thought it will ensure safe/quick delivery ... then reading this might give you an idea of what might happen.

2. If you are in UK on a visit visa, you'll not be able to change to HSMP/Tier 1 visa from within the UK (if your HSMP application is approved). You will have to return to your home country to apply for EC. Regarding taking a house on rent in UK, I don't think there is a law preventing you from renting a home to accommodate yourself while you are in UK (but not 100% sure).

3. Yes! Otherwise how do you plan to convince the ECO that that you can pay for your educational course and also sustain yourself (and any dependents) without recourse to public funds.

4. Can't say.

5. Yes, provided you qualify for another immigration category available at that time that allows you to switch in-country (e.g.- Tier 1) and that you can meet the necessary requirements / conditions.

regards

Many thanks for the reply, That's my info:
1. I have put my home address in my home country as my address and my contact address, i haven't mentioned I'm in the UK at all, but I used royal mail. The deducted the fee and sent me reference number via email.

2. What sites/laws do you suggest I need to research to know the asnwer?

3. I know I need to show enough funds, but It's not easy to get the funds all in my account prior to my studies, I have my family support that might come in monthly, I have read student visa guidelines seems I can show my savings PLUS my family support. so that's resolved.

4. same as 2

5. Couldn't clearly get it, do you think a student who has been in the UK only for one month can switch in-country to Tier-1 visa provided that he has a valid HSMP approval letter for an out-of-country application? And if yes, can my wife then switch from student dependent to Tier1 dependent?

Many thanks in advance,

[commidan]

So, only point 3 is resolve out of my 5 points, probably point 1 shoule 'wait and see' what about 2 4 and 5, anyone can help with these?

Thanks again

[vinny]

Highly skilled workers and Guidance - Points Based System Tier 1, General Migrant (INF 21).

[geriatrix]

For query 2 and 4, best to check with someone who can guide you about existing laws relating to property ownership by non-residents (e.g. - real estate / property consultant or agent or maybe a solicitor?).

For query 5, in addition to what Vinny has suggested above, you might also want to see Post-study Workers

regards

[commidan]

Thanks for all those who replied, It helps a lot.
However, I'm not really sure whether I haven't made myself clear or you're missing my point 5. I have already applied for Tier1(General) not looking for what to do regarding applying or other routes like the post study work. I'm simply wondering if someone who has been on a student visa in the UK for a very short period (maybe one month or less) can apply to switch for Tier1 with a valid HSMP approval letter made for an out-of-country application that (because of the dealays) he got it only after he arrived england. Given that I'll be attending a full-time course study and given that my application was originally from outside the UK, is it possible that the HO will tell me to go back to my home country to apply for entry clearance? It's a very important question as I can't get back to my country for that.
I understand that it's possible for people on student visas to switch to tier1 in country, but my understanding is that the expected route is that they apply for tier1(general) after they finish study or after some work on the post study work visa not after one month of being in the UK Could they assume anything in this situation that might affect my Tier1 leave to remain issuance?

[geriatrix]

Thanks for all those who replied, It helps a lot.
However, I'm not really sure whether I haven't made myself clear or you're missing my point 5. I have already applied for Tier1(General) not looking for what to do regarding applying or other routes like the post study work. I'm simply wondering if someone who has been on a student visa in the UK for a very short period (maybe one month or less) can apply to switch for Tier1 with a valid HSMP approval letter made for an out-of-country application that (because of the dealays) he got it only after he arrived england.

Oops! Missed reading the fine print in Q5.

As per the Tier 1 policy guidance, people (with leave to enter / remain as student) who have not yet graduated *are allowed* to make a *fresh* Tier 1 application. But yes, under usual circumstances, students apply for Tier 1 when they are close to sitting their final exams / graduation rather than within 1 -2 months of starting the course (like you wish to do). Also, the guidance doesn't mention anything specific for a peculiar case such as yours (apply for HSMP, arrive in UK as student and then want to switch to Tier 1 on basis of HSMP approval). Technically, I think you should be able to switch in-country but it will be best for you to check with UKBA directly.

Also, today UKBA has annouced some changes to immigration rules for international students. Please have a read through and see if (and how) you might be affected.

regards

[sakura]

Wouldn't that mean foregoing some thousand pounds in tuition fee registration? How would the HO treat a tier-1 EC applicant who has 1. not finished (or even started) his course and 2. not registered for the course as required?

This is notwithstanding the current policy changes for international students - i.e. what the guidelines say now.

[commidan]

Wouldn't that mean foregoing some thousand pounds in tuition fee registration? How would the HO treat a tier-1 EC applicant who has 1. not finished (or even started) his course and 2. not registered for the course as required?

This is notwithstanding the current policy changes for international students - i.e. what the guidelines say now.

Then what do you recommend? I'm very desparate now, this delay on recent hsmp application might change my whole life, I can't stay in my home country at all, I have to do military service, the only way around this is travel before I'm elgible, then I can delay it when I'm a student and then will be able to visit my country anytime. I don't have a choice. Furthermore, I'm really interested in that course i'm going to do, when I applied for it I thought i'll do it part time while on Tier1, but as is the circumstances now I have to choose the full time course to get the visa, why would they treat me like I haven't registered my course? Can't i go on with my course full time and then work after I finish it? They give 3 years for Tier1 now and the two years after the course should be sufficient to arrange enough income for extension, i have been all around the UKBA website and read tens of pages, I tried to call them but couldn't speak with anyone. If you think I don't have a chance I might have to consider another country although It's most probably too late now.

One option is to go on with my student visa but then my (expected) hsmp letter will expire, i'll have to apply again, pay more fees again and noone knows what it'll be like in 2 years from now, to make it worse, i have taken a long leave recently (thinking I'd save my energy for the new life in teh UK, how stupid) so I can't reapply for tier1 after my course because i wouldn't be able to show enough income 12 months prior to my studies. So it's really a big loss.


What can I do? on their website they had this:
50% of applications within five weeks, and 90% of applications within 14 weeks, when i applied, there was no mention of falling behind their service standards, This is really unfair.