student > visitor > HSMP? Possible?

[rella]

Here's our situation. My husband and I and our child have been in the UK for 7 months. We are Americans. My husband is here as a postgrad student. He has found coming to work with his advisor a major mistake and is withdrawing from the university on Monday. We'd like to stay in the UK if at all possible. We've moved our entire household here and had planned on being here for three years.

We were planning on applying for the HSMP, since my husband should be able to get more than enough points and we've been gathering documents for it. We called the Home Office today, and they are saying that once my husband is out of school, he will have to leave the country.

We are trying to find if there are any options to legally remain in the country while the HSMP application is being processed. Hubby has ample consulting work (from U.S. and telecommuting) far into the future, so finding work is not an issue.

So, first question: Is there any way to get a student visa converted to a visitor's visa without leaving the UK? If so, could we go ahead and apply for the HSMP while here as a visitor and then if it's approved, leave the country and come back in with entry clearance?

Another potential solution: If my husband can get a company in the UK affiliated with a company in the U.S. that he's doing contract work with to apply for a work visa for him, would we be able to convert his student visa to work visa and then apply for the HSMP? Would the HO allow converting to a work permit without finishing the university program?

Any other ideas that might help?

Many thanks,
rella

[rella]

Ok.. I see the visitor thing won't work now. Sorry about that.

The woman I spoke with in Croyden today said that since HSMP is different from other visa programs, that we could not stay while it was being processed. I had assumed before I spoke with her that as long as we got the application in before my husband left school, that we would be here legally while it was being processed and that he could work 20 hrs per week (under student visa) until the HSMP got approved. She asked her supervisor about it and he concurred with her, that we could not stay in the UK legally after my husband left school.

We are waiting on one letter from a former supervisor for a 6 week contract over the 10 year work history of my husband and that is what is holding up the application. We have everything else.

Is the consensus here that if we get the HSMP application in quickly, that we would be here legally while it was being processed? The last thing we want is to get the HSMP approved and then be found to be overstayers and get booted out!

Should we send in the FLR app at the same time as the HSMP app in the same packet?

I'm feeling more than a little panicky.

thanks,
rella

[Chess]

Rella,

Dont go on rushing asking Q's to the guyz in Croydon - some of them do not know the nittygritty of Immigration laws.

My advise to you is that your husband should carry on with his studies and apply for HSMP at the same time once all documentation is ready......

I think it would have to be stated in the accomapnying covering letter that once HSMP is granted your Husband would discontinue his studies...


There is no need to panick yet - but it would not be logical to pull out of 'studies' right now..

Dont go rushing phoning HO as their advice may not be to your benefit. You should also seek advise from a competent immigration lawyer/solicitor

[rella]

Rella,

My advise to you is that your husband should carry on with his studies and apply for HSMP at the same time once all documentation is ready......

<snip>

There is no need to panick yet - but it would not be logical to pull out of 'studies' right now..

Unfortunatley, bridges have already been burned and the university is aware the my husband will be withdrawing early next week.

In these circumstances, is it even realistic to think that the HSMP will be approved, or more importantly, the FLR?

When my husband spoke with somone at the Customer Service line for the HSMP people, my husband told them that he was leaving school and the situation. They didn't seem to be concerned and said he could work half time until the HSMP was approved.

Do you know exactly how the 28 day rule works? If we have the HSMP mailed Monday and my husband withdraws from the university that afternoon, is that cutting it too close?

Does anyone have any tips for how to find a decent immigration lawyer? We don't know anyone with immigration problems to get a recommendation. I don't want to choose someone from a phone book, but want to make sure that they are competent, of course.

thanks,
rella

[Chess]

In these circumstances, is it even realistic to think that the HSMP will be approved, or more importantly, the FLR?

Yes, there is sufficient time for appropriate 'manouvres' if you act fast!

Do you know exactly how the 28 day rule works? If we have the HSMP mailed Monday and my husband withdraws from the university that afternoon, is that cutting it too close?

Get your HSMP application sent off ASAP! You have right of stay in UK until such a time when your case is resolved.


Good Luck

[rella]

Get your HSMP application sent off ASAP! You have right of stay in UK until such a time when your case is resolved.


Good Luck

Thank you so much for your help. I will be working away all weekend to finish putting together the HSMP application to get it off first thing on Monday. I'm going to reorganize parts of it. I'll ask any specific questions over on the HSMP board.

Do you think it would be a good idea to mail in the LTR app right away at this point, or should we just wait until the HSMP is further along in the process? I'm trying to determine the best strategy to get this to work.

I'm assuming that when the HO processes the LTR, that they will contact the university to see if my husband is currently enrolled. The application just asks what type of visa, with no specifics. I could just leave it as I filled it out weeks ago, when I thought this would all be in before this point, while hubby was still enroled. But, I don't want it to look as if we're trying to hide anything. Sometimes providing too much info backfires on you. So, I'm having a hard time trying to figure out how to balance this all out.

rella

[Kayalami]

rella,

Have moved your posts to HSMP forum to keep everything in one area - hope you don't mind. Will echo Chess and say to take advise from Croydon in context rather than as the whole truth and nothing but the truth. Couple of things to be aware of:

1. Under the immigration laws any application for a variation of your immigration status made whilst your current status is valid maintains your legal stay in the UK until the application is decided. Even where there is a refusal the HO will give you 28 days to leave the UK - as a matter of practicality it may take you a little bit longer but stays beyond two months are asking for trouble. The HSMP application should reach the HSMP Team before your husband leaves the college/ is no longer enrolled. You may have to technically wait till Tuesday assuming you are sending the application off on Monday by 1st class special delivery post. Best thing is to verify the actual date from the college when he would no longer be classed as a student. As an aside a change to visitor status whilst possible for USC's as non visa nationals would see your application being classed as an out of country application.

2. I am not sure the US telecommuting concept will help expedite the application - IMHO there would have to be a UK input jobwise to facilitate this.

3. You mention a potential sponsorship of a WP - this is currently a faster route to employment authorisation than HSMP = 6 to 8 weeks now the official time frame whereas WP's can be completed within a max of 2 weeks. However WP and HSMP application can be done concurrently. If WP comes 1st you can transfer to HSMP afterwards - you will have two sets of fees though and there may be administrative issues with the submission of passports as required for in country applicants.

4. I see from your last post that you have located the updated HSMP forms - all in country applications must be accompanied by the relevant processing fee and Form FLR IED with corresponding GBP 121 fee unless you are an exempt national.

Hope things work out for you.