HSMP, 1+3+1 EXTENSIONS

[ybyuan2001]

Hi all
This is the latest update:

We have just received the following email from HS&F:
Dear Sirs,
We are ready for the fight of Justice for 17 & 18 December.
Please make your time and come to the Court to support us.
However, be warned of the limited seats for the public. Only eary birds may find a place for themselves.
Secondly, we do need your continuous financial support in order for me and Harvey Son & Filby to continue together our fight for justice practically.
Many thanks.
Yours sincerely
Stephen Kong

[VictoriaS]

The court gave permission for the hearing to go ahead, and it is now under way.


Victoria

[EdgeHillMole]

VBSI site reads:

"The Judgement on the ILR 4-5 Judicial Review will be announced at 2pm on 18 December 2007."

Wow, that's tomorrow (Tuesday)!

Stay tuned to this channel.....

[VictoriaS]

Exciting times....


Victoria

[Kelvin]

Unfortunately, the ILR 4-5 case has been lost... However, as long as I understand, the HSMP Forum JR is still due to full hearing within two months time, isn't it ? To me (if I didn't take it wrong), the HSMP JR will have more chance to win than the lost ILR JR case because apart from the same hardship issue HSMP JR case has, it does pin the point of "applying rules retrospectively ", plus a few other unfair things. For example, the age is treated equally for those HSMP who applied under the new rules by adding two years automatically on FLR, how about we 1+3+1 applicants, should the age be added 4 years up equally ?

[wukong]

As we all knew, the case was unsuccessful for yesterday's judgement.

[Kelvin]

For all the people like me in a 1+3+1 situation, I will believe most of us will put the FLR in 2008 and I will suggest all of us do three things to help ourselves:

1. Register yourself as self-employed and run it as a part-time business if you do have a full-time job at this moment, you might win a contract that can cover at least 6 months period in the month you will fire your FLR, you never know until you do it.

2. Read those encouraging AIT decisions about HSMP FLR at AIT website. As a reminder, you really want to file your FLR at the earliest time so that there will be still some time left for you to go through the tribunal process.

Never give up, do all we can do to defend our own human rights !

[EdgeHillMole]

I'd like to add one, if I may:

4. Find out as soon as possible if your employer can sponser you for a WP. Under new PBS, they will now consider HSMP (AKA Tier 1) -> WP (AKA Tier 2) for 5-Year ILR. Previously HO had warned that pulling a stunt like this would re-start our ILR clocks. Now they're saying five skilled years working = five skilled years working, no matter how you slice it between HSMP & WP.

IMHO we all need to be watching the new Tier 2 (Work Permit) process unfold in 2008: Who will be Tier 2 sponsers? What will be the requirements for Tier 2 sponsorship? What occupations will allow you to gain a Tier 2 Extension Visa?

[Kelvin]

Yes, I agree with what EdgeHillMole said. I can hardly believe HO won't change anything before they launch the PBS on next March given the current circumstance that HO will have a big chance to lose the tribunal if they will remain everything unchanged.

The only alternative for HO to avoid such an embarrassment is to amend what they said about the clock reset. Yes, I believe they will consider it seriously and put it in words eventually.

However, there is a case against that as well:

1. How about those who have started self-employed business ? Should they have to stop what they have just started because under the current regulation, WP holders have no rights to run any kind business ?

2. How about those employers who are not bothered to apply WP ? Although the labor market test will be waived, but it doesn't mean the employers will want to go through all the hassles.

3. On what ground, should HO promise it won't be changed again as it is just happening ?

After all, why should all the HSMP applicants put their fate, or even the whole family's fate under such a great uncertainty again after 4 years hardship while it was believed by all that any changes in the future wouldn't effect them at all (see HO's 2003 HSMP guidance Q&A) at the first place ? I will sincerely and certainly believe it is still a case against the violation of basic human rights.

By the way, I would also like to suggest we all keep the HSMP guidance the time we applied as it will be used as an evidence in the tribunal.

I wish all of us will see the sunshine rising from the horizon after such a turbulent storm and I believe all of us will get through - otherwise, there is no point we should give up our life in another country and come to UK, whose government is no better than Hitler's lie to Jews, instead, we should be more than happy to leave this country but, not after we get all the justice back.

Here, I wish all of you have a Merry Christmas and Happy New Year !

[aj77]

1+3 Catagory.Extension approved for another 3 years.Recieved a letter stating that I can apply for ILR as 5 year period will be completed.

I applied under transuitional arrangement for Self Employed.

Application sent :27/11/07
Acknowledgement Leter Received dated:28/11/07
Received Documents back from HO:18/12/07

Documents submitted:
Passports and Photographs
Covering Letter
IELTS result
Birth Certificate of Kids
Tax Registeration Documents with HMRC
Copies of Contracts and invoices(last 6months)
Copies of Contracts and invoices(next 6months)
Business Projections(next 6 months)
Unaudited Business Accounts(last6 months)
Business Bank statement
Personal Bank Statement
Utility Bills
business insurance Documents

My complain for ILR after completion of 4 years is still pending and waiting for the outcome.

[sunny9675]

good news

[ybyuan2001]

But when is the hearing for the HSMP?My 4 years HSMP will expired till the end of July.THis really bothers me.

[ybyuan2001]

When is the hearing for the HSMP?My 4 years will be expired till the end of July?This really bothers me.....

[baskey]

When is the hearing for the HSMP?My 4 years will be expired till the end of July?This really bothers me.....

It is better , you have your questions asked in the HSMP forum website, if you really bother about it

Regds,

Baskey

[aj77]

when I contacted to HO about my complain regarding my entitlement to ILR after completion of 4 years.They informed me that their system has been updated with the information that I have got 3 years extension.

I told them that my complain was regaring my entitlement to ILR after completion of 4 years and not for the Extension as I was aware that I will get the Extension.They said that if I am unhappy, I need to complain again stating the details that I made a complain regarding my entitlement to ILR and not for extension and they will send my complain immidiately to case worker for reconsideration.

Anyway if anybody would be interested to get some guidance for Extension of Leave to Remain on Transitional Arrangements for Self Employed, I would be ready to help him.Just send me a pm.

[Kelvin]

Hi aj77,

I am starting up my self-employed business as well, just wondering what is your Unaudited Business Accounts (it seems you have maintained a separate business account on top of your Business Banking Account) ? Is it a special software like Microsoft Money ?


Regards,

Kelvin

[aj77]

Hi Kelvin,

Sorry for replying you late.By Unaudited business Accounts, I mean Income statement,Balnce Sheet and Cash Flow Statement of the company for last 6 months.

By Business Projections ,I mean Projected Income Statement, Projected Balance Sheet and Projected Cash Flow statement of the company for next 6 months.

If you would have further querry, I would be happy to help

[Kelvin]

Hi aj77,

Thanks very much for your reply. It seems you have setup a company (maybe registered in companyhouse), which is a bit different with mine. I don't have a limited company, but only a self-employed business of offering IT services, literally, I don't have any official tools to record financial activities except the business banking account, which is really, a sort of cash flow statement.

I am wondering how you did those balance sheet, incoming statement and cash flow ? Did you use any officially approved finance software tools to do that ? Or you just made them up yourself ?

In my case, what will you suggest ?


Thanks,

Kelvin

[aj77]

Hi Kelvin,

Income Statement just reflects your earnings and expenses in a specefic period of time.It doesn't matter whether you are sole trader or it's a company's statement.Even a taxi-cab driver can make Income and Expensiture Account of his business.

This statent can be made both manually and through softwares.For self-employed persons, they might not need any software to do it.

Balnce sheet shows how much Assets and liabilities business have and how much has been invested as Owner's Equity.For self-Employed,I don't think this statement might be required either.

Cash Flow statement just shows cash inflows and outflows.This statement can also be made both manually and computerised and both for self employed and companies.

When applying for Extension, one should provide the professionally maintained documents ,otherwise they will take time to decide about the application.

These documents can be prepared by hiring an Accountant too.I hope this will help, If you need further assistance give me a pm, I ll guide you more.

[OFCHARITY]

It may be a good idea to employ the services of a chartered accountant to do your accounts.

[Kelvin]

Cheers, aj77.

Has anybody read the recent (Dec. 2007) government published "HIGHLY SKILLED MIGRANTS UNDER THE POINTS BASED SYSTEM - STATEMENT OF INTENT" (linked given by zmanzoor), the sentence on its page 17 says, "Settlement - We will introduce a new provision enabling people who have had leave in HSMP to be able to count that time towards the threshold for being able to apply for settlement from Work Permits (Tier 2)".

You can find this pdf file from this link http://www.bia.homeoffice.gov.uk/siteco ... s/pbsdocs/

To me, it means the 4 years time we spent under HSMP will be counted while we apply for ILR from WP if some of us do switch to WP later on.

It seems the government has somehow, realized the real controversy issue of 1+3+1 HSMP applicants is the Clock Reset, which will have big chance to let HO lose the JR case.

Having said that, I am still not sure the condition of applying the WP will remain the same or not, in particular, if the waiver of labor market test will be still valid for those who has been working for one employer for more than 12 months (in our 1+3+1 case).

How about those who have just changed employers recently ? Or, it still can't address the issue that the employers are not bothered to apply the WP for them.

Well, I have been working for a local council since September, 2006 as an IT analyst, though I don't see a problem to continue to stay in my current job until my HSMP visa expires in this December end, but I have no idea if the local council is eligible to sponsor me the WP or not.

Nevertheless, I am seeing there is some sort of "compromise" coming from HO side - yes, as long as we keep fighting and shouting and hence, I am here to appeal everybody to donate the money to the HSMP JR.


Kelvin

[KV]

So has anyone got an extension on 1+3+? rule?

I along with my wife have FLR, but my wife is a first applicant. She couldnt work for sometime as we started family here. So I am in a strange situation. I can easily qualify based on my earning and qualifications, but my wife can't. Since she is first applicant, I assume she needs to qualify.

Does anyone know whether I can get an exension based on my earnings and then apply for ILR at the end of 5 years?

If not, what are the options?

Regards,

KV

[ATBPLC]

I want to suggest that all HSMPs in 1+3+3 group should continue to use this thread for all FLR questions and answers, istead of having the multiples of FLR January, FLR February, etc.
The advantage in this suggestion is obvious as all 1+3+3 memebers will have to shop from just one thread for answers than shopping around

[ATBPLC]

Good news for 1+3+3 Extension group. JR SUCCESSFUL

[Tyce]

Hey guys,

What happens to your HSMP visa if you leave the country and work in another European country? If you get a WP in another country, is your HSMP visa canceled? Or could you come back after a year or two and stay in the UK for the remainder of the visa duration?

Does anybody have an answer to this question... I was wondering the same thing!