4 days until i overstay my visa - advice please!

[whirly]

Hi there,

I am a US citizen who has been in the UK on a postgrad student visa since Sep 2004 and it expires on Monday, Jan 30 (4 days from now.)

I have been actively (frantically!) searching for a job since August, but still can't find anyone willing to sponsor a Work Permit for me. I applied for an HSMP, but received a refusal letter this morning. My FLR(IED) application has been submitted, but is dependant on my now-denied HSMP.

I have several questions:

1) Should I appeal the HSMP just to buy myself some more time? I doubt I'll get it at this point but I might as well try.

2) I sent in my passport for the FLR ap; will they automatically send it back since the HSMP was refused? If they do, it is likely that I will overstay my visa since the passport will probably arrive in the post tomorrow (Friday) or Monday (final day of my student visa.) How will that affect my HSMP appeal?

3) Assuming that I get my passport back within a few days, should I leave the UK and try to come back on a tourist visa? Will they be likely to let me back in? I can't exactly just pick up and leave my UK life behind, but I can go visit my cousin in Italy. I just need to know that I can come back. I have a flat, all my things, a boyfriend, a life here that I can't just abandon by Monday.

4) Does it make any sense for my British boyfriend to consider marrying me? Neither of us really want to get married yet, although given more time we'll probably end up together - we just want it to be for the right reasons. Will it help my situation if he marries me?

5) Should I simply overstay my visa? I know you can't advise me to do anything illegal - and I would rather not become an illegal immigrant; I know it will hurt my future here if I do overstay - but what are my options?

Help please! I am feeling completely paralyzed and desperate. Immigration can argue that I knew the day would come when my student visa would expire, but I can argue that 4 days is not much to plan my next move (especially when they still have my passport.)

Thanks much!
Whirly

[John]

Using your numbering :-

1. No, not just to buy yourself time! Indeed appealing against the HSMP rejection will not buy you time. Appeal if you think the rejection was wrong!
2. Ah right .... you have a valid visa and before it expires you applied for another. You have yet to hear the result of that rejection, but rightly guess the application will get rejected. Nevertheless you have so-called Section 3C protection, in the sense that whilst your current visa has a stated expiry date of 30.01.06, it will be "treated as continuing" until you hear the result of the application, and if (as we suspect) it is rejected then until the time expires for you to appeal against that rejection. So you will not suddenly become an overstayer on 31.01.06!
3. Given your history in the UK you might find it difficult to gain entry as a visitor. But as stated above, you have not got to get out by Monday. But soon!
4. Marriage would help, but even then, you cannot just go along to the Register Office. You would need to fly back to the States and apply for a fiancée visa there, and armed with that, fly back to the UK. The two of you would then have the six-month period of validity to get married. Do appreciate that a fiancée visa holder is not allowed to work. After the marriage and conversion to Spouse visa, then you could work.
   
   Alternatively, if the two of you fly to the States, get married there, then you could apply for a spouse visa there, and be able to work immediately you arrive.
5. No!

Hope this helps. Stop panicking!