Switch from Student Visa to HSMP while in UK

[kimskater]

Searched everywhere and haven't seen the answer to this.

I've applied for HSMP from the USA and I'm now playing the waiting game. I realize this could take a long time until I'll hear anything since they are still just now processing Feb apps. In the meantime, I've been accepted to grad school in London and wanted to go over there in September on student visa. I called Home office and they said that if I am on a student visa in UK and then I receive my HSMP approval letter while in the UK on student visa, then I'll have to go back to the US to get final leave to enter the UK. Was hoping to come back over on HSMP and study just one class at a time while working full time.

Does anyone know if this is right? Also, do you know how long it takes after you get the initial approval letter until you get the final entry clearance and what is involved? Would I have to re-apply all over again and claim wages, etc, if I already have the initial approval letter? Do you know how long I have until I get the final leave to enter UK until that expires?

Thanks for any info. I've written the wpcustomers email about 5 times and still haven't gotten specific answers to my questions.

Thanks!
kimskater

[push]

HO is correct in so far as they say that under the current HSMP rules, a person can not switch from LTR under student Visa to LTR under HSMP VISA.

The nuance is, once you enter UK on student VISA, you will be left with no option but to apply for LTR under Tier 1 AND yoy would be eligible to get an LTR as student visa holder can switch to Tier-1. I pulled out the following excerpt from the BIA website:

"If you are in the United Kingdom and have already been granted an approval under the HSMP, you can use your approval letter to apply for further leave to remain in the United Kingdom under Tier 1 (General). For further details see the Transitional arrangements for HSMP page. This applies only if you are in the United Kingdom in a category that is allowed to switch into Tier 1 (General). For example, working holidaymakers cannot apply to switch into Tier 1 (General) while they are in the United Kingdom even if they already have an HSMP approval letter. See the Initial applications page for details of which categories you can switch from."

[kimskater]

I'm so very confused....

So what you are saying is that if I'm on student visa and then I get HSMP approval letter, I can switch through Tier 1 while in the UK? Or would I have to go back to the USA in order to do that? Are there new requirements for Tier 1 switching or would I jsut have to wait until the logistics of organizing LTR are done b/c I would already have the approval letter for HSMP?

Sorry for all the questions. I'm just hoping I can make sense of all this. Thanks for your help!

K

[push]

I'm so very confused....

So what you are saying is that if I'm on student visa and then I get HSMP approval letter, I can switch through Tier 1 while in the UK? Or would I have to go back to the USA in order to do that? Are there new requirements for Tier 1 switching or would I jsut have to wait until the logistics of organizing LTR are done b/c I would already have the approval letter for HSMP?

Sorry for all the questions. I'm just hoping I can make sense of all this. Thanks for your help!

K

What I can tell you for sure is: As per the BIA guidance notes, if someone has an HSMP approval letter and is in UK on a Student VISA he can switch to Tier-1 as an in country applicant only.

Others please comment.

regards,

push_hsmp

[geriatrix]

Student EC
Once you have received an unconditional acceptance from the UK University, you can apply for Entry Clearance. Information regarding Entry Clearance applications as a student can be found here.

HSMP EC
Once you have received your HSMP approval, you will need to apply for Entry Clearance (visa) as a Highly Skilled Migrant. The EC application must be made within 6 months of your HSMP approval date (after which your HSMP approval will no longer be valid). Information regarding EC applications from US can be found here.

Time taken to process an application differs from country to country, so only a fellow US applicant will be able to advise you on average timelines. Or maybe the information is available on the given website!

Hope this helps.

regards

[jagacharaja]

Time taken to process an application differs from country to country, so only a fellow US applicant will be able to advise you on average timelines. Or maybe the information is available on the given website!

regards

I had a brilliant hassle-free experience w/Chicago BHC last yr. Automated emails are sent out when they receive your app and when a decision is made. If I am to believe the timestamps of those emails my application was processed in an hr and a half! They send the passport and your evidence docs back to you by fedex overnight. I fedexed my app friday pm, it was delivered to BHC monday am, had the decision email monday pm, passport in my hands tuesday am Had also requested for the EC to be post-dated by 3 months (I'd found out from them earlier that that's the maximum they post-date ECs'), but they had post-dated mine by 4.5 months, which was good for me.

If the OP hasn't already, she needs to checkout britainusa.com

[kimskater]

Thanks everyone....the time the the BHC in Chicago took to process your app is encouraging. And thanks for both of you for mentioning Britainusa.com. I wasn't aware of that website, so I'm going to check it out.