Have I overstayed?

[pb78]

Hi,

I seek your advice on my case. please find below the case history.

I went to UK in 2003 to pursue my Master's and obtained entry clearance till Feb 2005. I applied for HSMP in jan 2005 and while I applied I was informed by the Home Office staff that I had to send my original passport also. I have a proof for that correspondence with Home office in the form of an email. Hence I did not apply for leave to remain then. My HSMP was rejected and I received my application packet along with my passport by early mid April 2005 and I went for a review within 2 days of my receiving the rejection. My review resulted in a failure in early june 2005 and eventually asked to leave the country within 4 weeks, which I did. Now I am planning to apply for HSMP and I wonder if my earlier stay history will affect the process this time. Please note that I was not questioned at Heathrow while leaving UK. Please let me know if my 28 days stay counter will be from the day the review result was arrived at or from the day when my initial application result was arrived at. I would also like to add that recently I secured a work permit and entry clearence that was initiated by my current employer and the entry clearance is valid till 2008. However I am yet to travel to UK using the current valid visa. Please advice me on my chances if I apply for HSMP now and try to seek Entry Clearance.

Regards,
pb78

[latansingh]

u wont have any problem.. buy why apply HSMP .. the rules are changing like crazy .. stick with wp.....

[PASS]

A. Is your pervious stay is an overstay - Yes. Making an application to HSMP is not an application to leave to remain.

B. If you leave and come back here, is entirely differnt story. 'A' may or may not have an influence, it seems you already crossed that.

C. I don't understand why you plan to apply for a fresh HSMP/EC now when you have done with workpermit? You could apply for HSMP after you worked 9 months upon your return ( to get more points!)

[pb78]

Hey folks, think I need to clarify. When my HSMP review was turned down in June 2005, I returned back to my home country. I have been working in my home country since then. Infact the work permit that I secured was from my current employer in my home country and the entry clearance also from my home country. However I haven't travelled to UK with the work permit that I sought from the employer because of delay in starting the project in UK. Hence I am an out of country applicant for HSMP. Since I understand that I will qualify for HSMP under the new rules and also that I don't see the project kicking off in UK, for which I was supposed to travel, I decided to apply for HSMP. I now wonder whether my previous travel history will affect my EC if I secure the HSMP this time. However my previous travel history did not affect my EC that I currently hold against the work permit I have.

Please clarify

Regards,
pb78