Have to be outside the UK during application?

cutie · Post by **cutie** » Fri May 16, 2008 11:49 am

Guys,

I need some advice. I will be putting in my application under HSMP next month. I am currently working in the UK under a dependent visa (of my husband) and the visa is valid until mid next year. I know that I have to post the application from outside of the UK. But my confusion lies whether I can come back and continue working in the UK while my application is being considered by the case workers. Obviously, I still hold a valid visa to work but what effect will it have on my application for not being outside the UK while my application is being processed. The process will be between 4-14weeks, and I will be out of job by the time i come back here if I am away for that long, that does not include the waiting time for EC. All my correspondence address will be outside of the UK, where my family is based, so that the HO can send anythg to that address and I will go back and apply for EC.

Please advice or point me to the right person to talk to. HO is not the best advisor...i have received different versions of advice every time i call them.

Thank you

mpunaskar · Post by **mpunaskar** » Fri May 16, 2008 12:29 pm

cutie · Post by **cutie** » Fri May 16, 2008 12:31 pm

No,i do not need to submit my passport as I cannot apply under tier 1.I cannot switch from dependent to HSMO, thus I hv to fill in HSMP form instead of tier 1. And under tier 1 i do not send passport, therfore I can travel. I am not an indian citizen by the way.

cutie · Post by **cutie** » Fri May 16, 2008 12:33 pm

Sorry, mistypes...under HSMP i do not have to submit my passport

matsnoel · Post by **matsnoel** » Fri May 16, 2008 12:58 pm

Your concern, in a line, seems to be: Can you continue working here in the UK while your application ifor an HSMP visa s being processed in your own country?

Your present status as a dependent allows you leave to remain and work in this country unitl such a time when the visa expires. So, regardless of your application pending, you may work until you decide to go back to your country (after your approval letter comes in) to apply for entry clearance under the HSMP.

Look at it like this. If you were to be in your own country awaiting the HSMP approval but at the same time hold a tourist visa to the UK, what holds you back from making a trip here while the application is being processed?

I hope this is helpful. But to be on the safer side, it's best to clarify with an immigration solicitor.

cutie · Post by **cutie** » Fri May 16, 2008 1:04 pm

Matsnoel,

Thank you for your response. I have the same thought too. But when I called the HO, they said that if the caseworker finds out that I am not in the address I provided them (my home country address), it could affect the decision. In what sense I donâ€™t know since the HO HSMP advisor are not entirely sure.

matsnoel · Post by **matsnoel** » Fri May 16, 2008 1:24 pm

Cutie,

There have been instances of the caseworker (or someone from the HO) calling up to verify the details mentioned in your application. But that in no way implies that you are expected to to stay in the house 24/7 by the phone.

They might call you in for an interview and that, I am sure, you would no doubt be present for.

Have you spoken to any immigration solicitor about this?

hsmpinuk70 · Post by **hsmpinuk70** » Fri May 16, 2008 1:51 pm

Q8. Current address
Q14. Country of current legal residence

In effect, you would be lying if you mention a non-UK adress in Q8, and choose either UK or home country in response to Q14. More than anything else, please be wary of the ramifications of giving false information. If things go wrong, you might be in for much serious trouble than just a HSMP refusal.

regards

matsnoel · Post by **matsnoel** » Fri May 16, 2008 2:13 pm

I agree with you. Factual information is a must.

lefty · Post by **lefty** » Fri May 16, 2008 2:27 pm

I was in the same situation

I was a dependenat of my wife and applied from UK didnt even go back for HSMP. Continued working and got the approval about a month ago.

So yes you can work

I@m not indian as well

hsmpinuk70 · Post by **hsmpinuk70** » Fri May 16, 2008 3:22 pm

Did you apply for HSMP (prior to Feb 29) or Tier 1?

If HSMP, then this isn't valuable information. This was allowed in the HSMP days (approval from within UK and then EC from home country). Since there's no HSMP in UK anymore, the OP's case is different from yours and the situation isn't the same.

Please clarify.

regards

lefty wrote:I was in the same situation

I was a dependenat of my wife and applied from UK didnt even go back for HSMP. Continued working and got the approval about a month ago.

So yes you can work

I@m not indian as well

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Have to be outside the UK during application?

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