a real sticky situation - please help

[jaznz]

hello

I am hoping that someone can give me some answers that will help me make the best decision with regards to my rather dire situation.

My HSMP visa expired (after 4 years) last November.

I did not realise this until a month ago.
(Before you chastise me, know that I am fully aware of the seriousness of my situation and believe me, I am paying the price.)

I also knew nothing about the Tier 1 changes, the HSMP Forum or anything like that. (Which I am fully up to speed with now, including the recent HSMP judgement.)

I now have a solicitor working on an FLR as Unmarried Partner visa.

This was obviously my only option, and still possibly a long shot.

However my understanding now is that the Home Office will now have to assess ILR/HSMP applications based on the old rules, so I am therefore possibly eligible for ILR, in that I have done my 4 years on HSMP.

That's the background, here are my problems.

I really do not want to take the unmarried partner option because I am in an unstable relationship (due to another's infidelity) and I am scared of what is going to happen. I am particularly worried about what would happen if the case goes to appeal. This would also not get me ILR, and I don't know what my situation will be in 2 years time.

So I am wondering (and have been advised by another solicitor) whether I should just apply for ILR anyway, and hope they will consider my situation under the old rules. I still realise that my application is not in time.

Neither of my solicitors seem to be able to tell me what will happen if either application is unsuccessful, and I really need to know this to make the right decision.

So here are my questions:

What happens if an ILR application is refused because it was made out of time?

Will I be able to appeal?

If I have to make an out of country application, will I be subject to the 1 year stand down? Do I have to make that application from my home country? (NZ)

And I assume I will have to pay the applications fees again?

What are my chances of being granted ILR even tho I did not make the application in time?
I have medical evidence of a neurological condition affecting my memory and other functions (life has been hard lately), and I had to try and change categories before the HSMP judgement came to light.

What will happen if my unmarried partner application is refused?
Can I still then try for ILR? (Even if I had to do this out of country)
Would I be subject to the one year stand down?
I am not sure that my partner will leave the country with me. Will this look bad?

If I am granted the unmarried partner visa, how quickly can I convert this to ILR so that I am independant of anyone in my immigration status? What if we were not still together in 2 years?


Or would it be best for me to just leave the country and make an out-of country application for ILR?

Do you think I will be accepted?

I hope my situation is clear, and someone can advise me on the best thing to do.

I cannot afford the legal support I need to do this, I have already been paying a solicitor who didn't even know anything about the recent HSMP judgement, 2 weeks after it was published on the Home Office website, and who doesn't really seem to know what's going on.

I hope these questions are clear and you can see my dilemma.
And I really hope someone can help.

I feel like my whole life is falling apart and I don't know what is going to happen to me.

[bani]

Sorry to hear about your situation.

If I were you, I would get in touch with HSMP forum through their website to get recommended some solicitors who are expert in HSMP.

The ILR option would be best - have you been working the last four years and used no public funds? That's very important for ILR.

The main problem is having an expired visa. But maybe HO will show some discretion in light of your medical condition. But I do stress the need for a good solicitor.

Good luck!

[jaznz]

Hi, thanks for your response.

I have already been talking to two solicitors and I cannot afford anymore legal help.

I desperately need someone to answer my questions about what will happen if my application is refused. I cannot plan for all eventualities otherwise or weigh anything up.

But in answer to your question, yes I have been working for 6 years with no public funds (you can't even get any public help on HSMP anyway.)

I have a mortgage and a business and I am completely self-sufficient tax paying resident.

But as mentioned I really need to know what will happen if my application is refused. Thanks.

[bani]

But as mentioned I really need to know what will happen if my application is refused. Thanks.

Whichever application you make (unmarried partner or ILR), if you are refused, you will be asked to leave the country. You could appeal, but there is no assurance on how long they will take to process an appeal.

I suggest the HSMP forum option because they look after their members' application and court cases (some sued the secretary of state in the AIT after getting ILR or HSMP extension refusals). Unless you are very confident on your two solicitors, this is a very good option.

In any case, HO is not yet giving ILR to people with 4 years HSMP, you have to wait for the new guidelines (20 May).