T1 FLR/Ext application for HSMP visa holders in UK-post here

[tgs]

Applied for FLR switching from HSMP:


Date Applied: 5 April 2008
Date Recd: 7 April 2008
Date of Payment: 7 April 2008
Decision and VISA date: 15 April 2008
Visa issued in passport: 29 April 2008
Documents Recd: 8 May 2008

(yes it took them 2/3 weeks to put the visa in my passport)

[geriatrix]

Got an email response from them saying they do not advise reference numbers through email anymore and that the reference number is mailed (through post) once the payment is cleared.

Tired of waiting for the reference number even after 6 days of payment deduction, I had sent them an email today morning asking for one.

[MORBULOUS_PRIME]

I'm thinking that they should promote the dude(tte) that takes the payments to that of the position that completes and makes the decisions cause he or she is lightening quick!

[geriatrix]

Any update ?? ... those who have applied.

regards

[whereisthasummer]

Any update ?? ... those who have applied.

regards

Well I applied on 30th April and I reckon 20th May is the earliest I can't expect anything back.

The BIA website tell us they are currently (on 12th May) considering applictions received between 24 April and 29 April 2008.

http://www.bia.homeoffice.gov.uk/workin ... tingtimes/

[BigJay]

Does anyone know if you can apply for your extension a few months earlier? My HSMP is up for extension in Dec 08. I would like to start the ball rolling now, and I am one that has benefited from the JR success.

[shifi]

Guys,

Couple of question with regard to my FLR application. Appreciate if you’ll can give your view.

1 . For previous earnings, I am submitting a letter from the employer and bank statements.
The guidelines says “To assist us in considering the documentation provided, you should highlight on the documentation provided the relevant payments that are being claimedâ€

[justice_will_reign]

2. I am using the Tier 1 (general) application form, but I was entered in to the HSMP scheme before Nov 06. Is it sufficient to mention in the covering letter that I should be considered as per the old rules? Just wondering if the application will become a contentious issue as I am saying I need to be considered under old rule, but claiming points as per the new ( Tier 1 ) rules in the application.

Also should I mention in the covering letter something in the lines of : although I can qualifying under Tier 1, I preferred to be considered under old rule as per JR ???

If everything goes fine I should be applying in the next 2 weeks.

Same situation with me and I completed the form but at the point of claiming points, I clearly put a note that I wish to be considered base on old rules and I DID NOT CLAIM ANY OF THOSE POINTS. I understand that you need to make your case clear so that you're not transfered to the new rules. To my own understanding, if you want them to consider you base on ol rules, claiming those points means you still want them to consider you base on new rules. So make up your mind on what you want them to do and stick to it.

Those are personal opinions and are not in any case confirmed. But that is what I did just few days ago when my own application was sent.

So finger crossed!

[Defoe]

2. I am using the Tier 1 (general) application form, but I was entered in to the HSMP scheme before Nov 06. Is it sufficient to mention in the covering letter that I should be considered as per the old rules? Just wondering if the application will become a contentious issue as I am saying I need to be considered under old rule, but claiming points as per the new ( Tier 1 ) rules in the application.

Also should I mention in the covering letter something in the lines of : although I can qualifying under Tier 1, I preferred to be considered under old rule as per JR ???

If everything goes fine I should be applying in the next 2 weeks.

Same situation with me and I completed the form but at the point of claiming points, I clearly put a note that I wish to be considered base on old rules and I DID NOT CLAIM ANY OF THOSE POINTS. I understand that you need to make your case clear so that you're not transfered to the new rules. To my own understanding, if you want them to consider you base on ol rules, claiming those points means you still want them to consider you base on new rules. So make up your mind on what you want them to do and stick to it.

Those are personal opinions and are not in any case confirmed. But that is what I did just few days ago when my own application was sent.

So finger crossed!

Let us know how you get on.

[Salina]

Applied for FLR switching from HSMP:


Date Applied: 5 April 2008
Date Recd: 7 April 2008
Date of Payment: 7 April 2008
Decision and VISA date: 15 April 2008
Visa issued in passport: 29 April 2008
Documents Recd: 8 May 2008

(yes it took them 2/3 weeks to put the visa in my passport)

Hi,

Did you applied for tier 1 or old hsmp (adding JR).

It would e great if u plz let us know.

Regards
salina

[geriatrix]

Salina,

Responding to your PM but posting my reply here for everyone's benefit.

JR judgement is available here http://www.bailii.org/ew/cases/EWHC/Admin/2008/664.html
Click on "Printable RTF version" for a soft copy that you can save.

Regarding the cover letter for my wife's application, I did refer to the HSMP JR saying that it impacted the FLR application being sumbitted but also mentioned clearly that in absence of any information or guidance from BIA regarding FLR applications by those affected by JR, I was including the Tier 1 form and necessary documentation to prove that the requirements for extension under Tier 1 are being met.

I did not specifically ask for the application to be considered under pre-nov 2006 rules 'coz :-

1. I did not want them to put the application "on hold" and hang on to the passport for months.

2. BIA has not issued any formal notice / communication till date after the JR which is absolutely wrong in the sense that not all HSMP holders (pre Nov'06) in UK are members of HSMP Forum to have received news of the JR and its impact. IMHO, for anyone applying for extension from the day after the JR judgment until such time that BIA publishes some guidance, it is only BIA's fault if they issue a Tier 1 extension (under Tier 1 criteria). The applicant cannot be held responsible for BIA's contempt of a judicial ruling and failing to appropriately inform anyone and everyone who might be impacted because of the judgment.

In effect, I have told them the case is affected by the JR and also that it meets the Tier 1 extension criteria as well. Left it to them to do what they must and if they goof up in anyway, it's there fault and I'll sue them if need be.

BTW, I did not attach a copy of the JR judgment with the application.

Hope this helps.

regards

[justice_will_reign]

does that means nobody has received an extension since the JR? Because I haven't seen anyone confirming success/failure (hope none) since the JR.

[geriatrix]

Lin's email to other forum did say that they will not refuse any applications requesting consideration under the pre-Nov'06 rules and that such applications will be "held" until BIA comes up with new procedures in light of the JR.

After all, someone will need to educate the dumb caseworkers on the new procedures .

So I don't think they would have granted FLR as yet to anyone requesting for consideration under old rules. Haven't seen any post on the forum either - of such a case.

I am also guessing that anyone mentioning "JR judgment" in their cover letter / application will effectively have his application put on hold until BIA comes up with the solution ... even if they have provided evidence of qualifying under Tier 1 rules (e.g. - my wife's case). If I don't get the passport back by 2nd week of Jun (6 weeks from applying), this would probably be the case.

regards

[justice_will_reign]

Lin's email to other forum did say that they will not refuse any applications requesting consideration under the pre-Nov'06 rules and that such applications will be "held" until BIA comes up with new procedures in light of the JR.

After all, someone will need to educate the dumb caseworkers on the new procedures .

So I don't think they would have granted FLR as yet to anyone requesting for consideration under old rules. Haven't seen any post on the forum either - of such a case.

I am also guessing that anyone mentioning "JR judgment" in their cover letter / application will effectively have his application put on hold until BIA comes up with the solution ... even if they have provided evidence of qualifying under Tier 1 rules (e.g. - my wife's case). If I don't get the passport back by 2nd week of Jun (6 weeks from applying), this would probably be the case.

regards

Is there a time limit for people like HO to comply with the JR rulling or are they just allowed to hold us indefinitely? Some of my mates that their visa ran out now face problem with their employers as their employer keep bothering them to provide evidence of their new eligibility to work in UK. This is really not fair and there should be something someone can do to force HO to provide clarity. The waiting is really getting unbearable!

[whereisthasummer]

So for anyone applying for extension from the day after the JR judgment until such time that BIA publishes some guidance, it is only BIA's fault if they issue a Tier 1 extension (under Tier 1 criteria). The applicant cannot be held responsible for BIA's contempt of a judicial ruling and failing to appropriately inform anyone and everyone who might be impacted because of the judgment.

sushdmehta,

is this your personal opinion/interpretation or have you consulted an authority on law?

Thanks.

[geriatrix]

Just my humble opinion.

regards

So for anyone applying for extension from the day after the JR judgment until such time that BIA publishes some guidance, it is only BIA's fault if they issue a Tier 1 extension (under Tier 1 criteria). The applicant cannot be held responsible for BIA's contempt of a judicial ruling and failing to appropriately inform anyone and everyone who might be impacted because of the judgment.

sushdmehta,

is this your personal opinion/interpretation or have you consulted an authority on law?

Thanks.

[ashishashah]

Hello sushdMehta,

Can you pl. tell me if you also sent a pre paid,self addressed envelope along with your application??If yes,then was it special delivery/recorded delivery??

Thanks
Ashish

[geriatrix]

http://www.immigrationboards.com/viewto ... ht=#164979

Hello sushdMehta,

Can you pl. tell me if you also sent a pre paid,self addressed envelope along with your application??If yes,then was it special delivery/recorded delivery??

Thanks
Ashish

[Salina]

Just to keep this thread up!

[Salina]

Applied for FLR switching from HSMP:


Date Applied: 5 April 2008
Date Recd: 7 April 2008
Date of Payment: 7 April 2008
Decision and VISA date: 15 April 2008
Visa issued in passport: 29 April 2008
Documents Recd: 8 May 2008

(yes it took them 2/3 weeks to put the visa in my passport)

Did u mentioned any thing about judgement OR is it just a straight switching from HSMP to Tier 1.

Regards
salina

[geriatrix]

Two recent extension approval cases (April '08 applicants) posted here
http://www.immigrationboards.com/viewto ... ht=#170366
and
http://www.immigrationboards.com/viewto ... ht=#164773

Not sure if the applicants requested for consideration under old rules (refered to JR) or met all qualifying criteria for Tier 1 straightaway.

regards

[geriatrix]

Looks like it is going to be a long wait for anyone who's mentioned JR in the extension application. The applicant (see quote below) seems to fulfil the qualifying criteria (105 points) but the application has supposedly been put on hold by HO.

emacmac
=======================
(HSMP to Tier 1 )
--------------
Applied:7th April (claiming 105 points)
Received at HO: 8th April
Payment taken: 8th April
Ref number received: 9th April (PB/3020)
Received documents: waiting
Approval letter: waiting
Passport stamped: waiting
His case has been put on hold due to the new court ruling on HSMP as told by HO

http://www.immigrationboards.com/viewto ... ht=#168095

[chicoco]

Guys,

We are in for a long wait.

My timelines have been as follows:

Initial HSMP: April 2004.
Extension: April 2005 with letter from HO encouraging me to apply for ILR after 3 years i.e by March 2008.

Tier 1 Applied:3rd March (claiming 110 points)
Received at HO: 4th March
Payment taken: 4th March
Ref number received: 6th March
Received documents: waiting
Approval letter: waiting
Passport stamped: waiting

I've had a number of email correspondences with the case officer and her manager and I've been told things are on hold because of the JR . This is despite the fact that I applied even before the JR was held on March 5 and long before the JR decision was made public on April 10.

[vipul1981]

i think some people have still got their approvals despite JR. If you see the list, there are some who have converted from HSMP to Tier1. i think it all depends on what u mention in ur covering letter. I specifically mentioned i want to extend in Tier1 as i dont want my app to be stick coz or JR.

[chicoco]

I'm sure if you check those who have successfully transited from HSMP to Tier 1, you'll find that these are people who got their HSMP after Nov 2006.

I did not submit any covering letter. All I did was fill out the form and I met all the relevant criteria by far including funds.

If you know of any pre Nov 2006 HSMPier who has gotten Tier 1 approval between March 3 and today, please do let me know so I can follow through.


Regards.