Overstayed on HSMP - Please help 'FLR(Tier1)HSMP Review'

[bizzz]

Dear forum members

My case is much complicated. I will be much thankful and obliged to you if you could spare some time and read my post and give me some suggestion.

I got one HSMP visa on 30 Nov 2005. I landed in the U.K along with my husband and two children (aged 2 and 4 years old) on 15 Jan 2006. My extension was due on 30 Nov 2006. I was 5 month pregnanet when I came to U.K and had my third baby in May 2006.

Due to pregnancy, big family and new country, I was not able to find job and work in the first year. However I had healthy bank statement all the time.

I knew I had to do something (econmocally active) to get the extension done. Therefore I thought to provide tutoring service. Hence I got myself registered as a self employed (sole trader) tutor with HMRC on 5 July 2006. Rules got changed on 6 Nov 2006, I applied for extenson on 20 Nov 2006 with following documents:

1. Three original regret letters (in dates of Feb, Mar 2006 from different companies confirming that I applied for job and appeared for interview with couple of them.
2. Letter from accoutant confirming my registration with HMRC and confirming that I am their client
3. My accountant advised me to pay some tax in advance as this will add credability to my case, therefore I paid 1000 GBP to HMRC on 10 Nov 2006 and attached the copy of cheque with my application.
4. Five Tutoring contracts
5. Personal bank statements

I received he refusal letter from HO in Jan 2007 that my application is refused because I did not provide, evidene of english langauge and also failed to provide busienss projections, contractual committments, invoices covering the last 4 months. However HO gave me an option to apply for work permit under transitonal arrangements of HSMP.

I got an employer arranged and applied for the work permit as well as leave to remain application under work permit at the same time. However work permit got refused because my employer failed to provide some documents to HO. I appealed on paper based hearing however appeal got refused as well in Aug 2007. I was never able to join the job because work permit was never issued. Now this is Aug 2008 and we are not in touch with HO since then. And we are living ill-legal without valid leave to remain.

I am not able to get any skilled work because of not having visa. So I am staying in home as a housewife since the expiry of my visa. We are not claiming any benefits at all. My husband is working as a butcher and he is supporting our family of 5. His employer is also issuing him payslips.

After the outcome of JR I contacted HO and they advised me to fill in 8 page 'FLR(Tier 1) HSMP review form' and apply for the review and I need to give the documentary evidence to show my income in the last 12 months. But I told the member of HO on the phoen that I am not working since I am an overstayer. Then she advised me to write a covering letter with my application and explaining the reasons for staying illegally in the country.

Now, I need suggestions from the members of this forum that what should I write in the covring letter? The question which is bothering me the most: What justification can I give for living illegally in the country? What reasons should I give for not working since the expiry of my visa. And how can I justify and expect for successful extension application when I have no right to stay in the country.

Your valudable feedback will be much appreciated.

[geriatrix]

** Duplicate Post **

[bizzz]

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