Student and dependant visa EMERGENCY

[mewburn-jones]

I am a Phd student fromthe United States and have been living in Edinburgh since 2002. Recently I married an Australian who I met while living in Edinburgh. My student visa expired this past May at which time we posted out applications away so as to aquire an extension and dependant visa for my husband. Being that my thesis hand in date is currently January of 2008 we were only given visas until then and my husband has had his right to work revoked. Unfortunately for us this is a huge problem-if he doesn't work we cannot afford to live. At this point we figured we have two options: try to get my research extension pushed through (which should bring my hand in date to January of 2009) and then go to the office in Glasgow to reaply in person at which point my husband should be allowed to work, OR, give up our flat and leave the country until early January (we would stay with my family and save what little money we have). I thought that if we did that we could go with my new research end date (January 2009) in hand to Glasgow and get visas which would allow him to work at that point as we would be allowed a year. We decided to try the first plan first. At the moment attempts to have my extension pushed through are underway, but I wanted to make sure we would get an appointment in Glasgow if the extension was successful quickly. The man I spoke to was very rude and said that A) there are no appointments available anywhere in the UK (they are booked through Sept 19th) and he doesn't know when more will be made available; B) that if my husband and I left the country and tried to come back for visa extensions in January we would have to apply via post and couldn't do it in person due to our having left the country. This makes no sense to me-I asked him how they would know I had not been here the whole time if I phone to make an appointment in Glasgow and he said because it would be in my passport: they couldn't see my passport over the phone...He also said that certain stipulations in the student visa laws mean that I have to study in Edinburgh at all times and cannot leave to go home until January (rouhly 3 and a half to 4 months). He said if I left I would have to provide more info on my progress and proof that there was an emergency situation, and I would have to do it via post. I don't know what to do at this point-is that true? We have a bit of savings, but not enough to live on until January plus pay £500 for another visa. There doesn't seem to be anyone I can speek to and the people who answer phones for the immigration sector don't know anything and are rude. COuld anyone give me any advice? Would it be wise to seek out an immigration lawyer and could anyone refer me to one who might give advice for a reseonable fee? Furthermore, if I did leave the country (my parents have very kindly offered to let us stay with them for free so we could save money for when we returned to Edinburgh) would I really have to then apply for our visa extensions by post (this would just mean several months more my husband couldn't work-it took them 4 moths to process this last time) as he said, would they really know I had left the country and could they deny me a person to person appointment on that basis?

[VictoriaS]

I think that you have been advised that you can't leave the UK because the man you spoke to is confused about your course. If you were an undergrad on a student visa then leaving the UK would obviously mean that you are no longer attending the course. As you are doing a PhD, it is reasonable that you can leave the UK for a time and still be working ont he PhD. However, it will make matters complicated. You may also have problems re-entering the UK if you come back so soon to the expiry date of the visa.

When will you know about whether or not you can get your hand in date pushed forward? Or, is there any other visa that your husband can switch to? For example, if he has graduated within the past 12 months, he could apply for the International Graduates Scheme.

Victoria

[mewburn-jones]

Thank you for responding so quickly! Unfortunately the matter of the thesis extension is out of my hands for now. My supervisor completed and submitted the forms requesting an emergency extension of 12 months from Jan 2008 yesterday. It is currently with the proper authority, I can only really wait and see what happens. I am hoing to know by the end of the week, but...the university isn't exactly known for compassion or speed in beurocratic matters. I do know that my husband cannot swith to any other visa (he was on a work visa which expired in May, but had leave to remain and work until our visas were processed together). Even if his boss tried to get him another work visa he woulod have to go back to Australia in the mean time and it wold take several months, plus convincing his company that no one within the uk could be hired instead. I know it wouldbe more complicated doing a Phd abroad for 3 and a half months and I would rather not have to leave at all, but financially we may have no other option. THe other question that has occured to me is:from what I have read on this forum it is better to reaply than to appeal as appeals could take months and even longer than applications. However, most of the time we are told not to apply for a new visa extensio until roughly a month or less before the visa in hand expires. Whould this pose a problem for us even if I did get my research extension till 2009 quickly? If I tried to reaply in the next few weeks (probably by post as it sounds like getting an appointment in person is impossible) would they deny me based on timing (as my current visa expires Jan of 2008, reaplying in Sept of 2007 might be seen as doing so too soon) and keep my money? Is there any way to bypass the clueless jerks who answer the advice and appointment hotlines?

[VictoriaS]

have you looked to see if he qualifies for the HSMP? If he does then only he will have to go back, and it would only take a few weeks. You could then travel back at a later stage to switch your clearance (if your extension is refused).

Victoria

[mewburn-jones]

To be honest I am not sure what an HSMP is. I only know that my husband has looked into alternatives and has found none. He said it wasn't possible for him to switch to any other visa. What is an HSMP? If that doesn't apply to us is there anything else you think we could do? WOuld it be best to reaply by post after obtaining the research extension, stressing the time issues, perhaps send it back to the person who processed our visas this last time and hope they process the application more quickly?

[VictoriaS]

Have a look on www.workingintheuk.gov.uk to see if he qualifies for the HSMP. If he does, the application can be made in the UK but he will then have to return home for entry clearance.

I can't see a way to do what you want unless you get the okay for the extension of time. Postal applications are taking about 4 weeks at the moment, so this is all you'll have to wait to get the visas and permission to work.

Victoria

[mewburn-jones]

Right. I will try to keep on top of the extension and as soon as it comes through we will repost our applications. In the mean time I will have a look at the website you reccomended.

Thanks you for your help.