HSMP extension- application invalid due to wrong fees paid

[vinoth7007]

Please help I am not allowed to work as I paid wrong fees by mistake.

Hi I am new to this forum. I wonder if any one can advice me on this which is a new issue.

I was due for HSMP extension last month and applied on 29 th april 2008, my payment was processed and I recieve an acknowledgement stating that my payment is processed and cleared on 30 th april 2008.

In the meantime my visa expired on 17 may 2008, and as per guidance I was eligible to work as I made the application before my LTR expired.

I receive a letter on 3 june stating that my application became invalid as I paid less fees. It also mentioned that I filled the incorrect form (but it was a mistake from their side - I clarified from home office)

Only then i realised that I paid 350 instead of 750. I thought I am extending and my HSMP is already approved 2 years ago when I initially applied for the 2+3 HSMP.

It was my mistake being careless. Mistake can hapen with one but i am paying a lot for this .

I was told to make a fresh application with the correct fee and advised not to work by homeoffice as I made the reapplication out of date (after my LTR expired)

I have sent the application with the correct fee and I am sitting at home without a job.

I was told by home office that there were 1000s of applications like this and they were all sent back

Can any one advise what i should do in these circumstances and is there any guidance on reapplication out of date regarding living and working in the UK. Do you know the guidance on working if we are apealing in case application is rejected. I am just wondering if the same rule applies for reapplication too.

Many thanks for your help

regards
vinoth

[push]

Stick to what HO has said. You dont want to be in a situation where you do something which is illegal and you have specifically asked by the HO not to do. If you do anything in contravention to the set rules, you might be declined furhter extension/settlement later. It will be better if you take professional advice if you want to pursue the appeal case etc.

regards,

Push_hsmp

[vinoth7007]

many thanks for your advice. Can you suggest me reliable immigration lawyers please. I am in aberdeen and couldnt find any here.

[push]

many thanks for your advice. Can you suggest me reliable immigration lawyers please. I am in aberdeen and couldnt find any here.

Unfortunately not. Try looking at the yellow dir/ internet. May be some of the members on the board would suggest some name.

wishing you luck.

kind regards,

push_hsmp

[geekhatri]

hi there,
ur case is similar to me...i want to know what u had done...have u sent for application again.
plz do let me know asap

thanks
gee

[vinoth7007]

Sorry I was away.

I made a fresh application as advised and I have also stopped working as as per home office it is an out of date application and hence i cant work.

but dont take this from me - see what home office says. I know a husband and wife in the same situation - husband was allowed to work and wife was not - as you know there may be some degree of discretion.

I am just confused with the HO interpretatations. To be safe I stopped working and I clarified it to them if I can live and the answer was yes.

hope this is helpful.

[push]

Sorry I was away.

I made a fresh application as advised and I have also stopped working as as per home office it is an out of date application and hence i cant work.

but dont take this from me - see what home office says. I know a husband and wife in the same situation - husband was allowed to work and wife was not - as you know there may be some degree of discretion.

I am just confused with the HO interpretatations. To be safe I stopped working and I clarified it to them if I can live and the answer was yes.

hope this is helpful.

As long as one gets in writing from the HO there is no harm in continuing working. And you are right that there is great degree of discretion that is used while assessing such applications.

regards,

push_hsmp

[vinoth7007]

That s true. I agree with push_hsmp but getting them to write to you takes time or even impossible. However I am still persistent and using all possible means to get that. I may have more to update next week hopefully if i have something positive.
good luck with your application.

[vinoth7007]

Hi I am new to this forum. I wonder if any one can advice me on this which is a new issue.

I was due for HSMP extension last month and applied on 29 th april 2008, my payment was processed and I recieve an acknowledgement stating that my payment is processed and cleared on 30 th april 2008.

In the meantime my visa expired on 17 may 2008, and as per guidance I was eligible to work as I made the application before my LTR expired.

I receive a letter on 3 june stating that my application became invalid as I paid less fees. It also mentioned that I filled the incorrect form (but it was a mistake from their side - I clarified from home office)

Only then i realised that I paid 350 instead of 750. I thought I am extending and my HSMP is already approved 2 years ago when I initially applied for the 2+3 HSMP.

It was my mistake being careless. Mistake can hapen with one but i am paying a lot for this .

I was told to make a fresh application with the correct fee and advised not to work by homeoffice as I made the reapplication out of date (after my LTR expired)

I have sent the application with the correct fee and I am sitting at home without a job.

I was told by home office that there were 1000s of applications like this and they were all sent back

Can any one advise what i should do in these circumstances and is there any guidance on reapplication out of date regarding living and working in the UK. Do you know the guidance on working if we are apealing in case application is rejected. I am just wondering if the same rule applies for reapplication too.

Many thanks for your help

regards
vinoth

hi all got my visa today. thought i ll just update just in case any one with the same problem will benefit.

29 april - appied for extension under tier 1 (previously on HSMP since may 2008) - but enclosed 350 pounds instead of 750

30 april - payment processed , acknowledgement received

17 may - visa expired

3 june - documents returned from HO - quoting application invalid due to wrong fees - advised to make fresh application
advised to stay off-work till visa stamped by HO. verbal advice given that I can live in UK

5 june - reapplied with 750 pounds

6 june - payment processed - previous payment credited to my account - acknowledgement sent

10 june - letter faxed requesting to treat application urgently and allow me to work in the mean time - no reply

13 june - letter of support from employer faxed - noreply

week begining 13 june - letter of support from MPs office - no reply

23 june - called HO - system not updated with any of the above urgent treatment letters - not allocated to case worker

urgent treatment letter faxed again

25 june - called HO - system now updated with urgent treatment letter

25 th june - approved tier 1

30 june - visa stamped - tier 1 geenral with no restriction to doctors in training

1 july - HO called to give reference number for royal mail post

3 july documents received

will start working tomorrow.

I am not sure if all the faxes helped or not but this is what i did

Hope this may help some one currently in the same situation

thank you this forum. special thanks to sushdmehta for answering my queries.

regards
vinoth

[geriatrix]

Good news! Time to kickstart life back to full steam.
All the best.


regards

[ethan]

I just got return and stated i am being paid wrong fee. However, we have hsmp and we can extend. so it should be £350. not £750. I am 1+3. WHich one i can apply? New hsmp form publicated on 14/07 or old form?

thanks al ot!

kind regards

[vinoth7007]

If your HSMP approval letter is not valid (issued within last 6 months) you have to pay 750 pounds. This applies even if you fill the new form (aplicable only for those who entered HSMP before Nov 2006). Hope this helps. GOod luck.

[ethan]

however, we are in old hsmp, the proved letter is long time ago. everyone knows. how can be in 6 months? do not know how i can apply now

[justice_will_reign]

however, we are in old hsmp, the proved letter is long time ago. everyone knows. how can be in 6 months? do not know how i can apply now

...correct fees for all old hsmpians is £750 and the correct form is the recently updated application form as published on HO's office specifically mant for those affected by the recent JR.

[vinoth7007]

however, we are in old hsmp, the proved letter is long time ago. everyone knows. how can be in 6 months? do not know how i can apply now

I can understand what you are going through. Many people have done the same mistake. So think about what you can do next. No point in worrying about what you have done.

i have summarised what I did in my previous post. I dont say that is the best way of doig it. You may do the same or adapt better ways to reapply asap.

Let me know if you think I can be of some help.

regards
vinoth

[geriatrix]

No offence meant, but can't understand why there is confusion amongst *highly skilled migrants* on how much one has to pay, when UKBA clearly states the following:

The fee you must pay

There are two different fees for the highly skilled worker category:
- £350 if you submit a valid HSMP approval letter with your application for initial entry (switching) into Tier 1 General (this is because you have already paid for the approval letter); and
- £750 for all other applicants (including applications for extension within the highly skilled worker category if you are currently in the United Kingdom under HMSP).

regards

[ethan]

I called them, they said it will be tier1 form. And if i am in the HSMP, i can apply. My visa has been expired. How i can do now?

[za]

hi , someone plssss help , im so confused and almost out of my mind .....my passport got returned on the 5th of september , i was denied the tier 1 application as i miscalculated my funds ....my passport was at the HO for 10 weeks and i have earned more money since then .....spoke to a solicitor who said to reapply immediately with a cover letter ....spoke to another solicitor who said a reapplication is pointless but to appeal .....can i do both ? i was under the impression u have to send in your passport for an appeal ......pls advise

[MrBaboo]

hi , someone plssss help , im so confused and almost out of my mind .....my passport got returned on the 5th of september , i was denied the tier 1 application as i miscalculated my funds ....my passport was at the HO for 10 weeks and i have earned more money since then .....spoke to a solicitor who said to reapply immediately with a cover letter ....spoke to another solicitor who said a reapplication is pointless but to appeal .....can i do both ? i was under the impression u have to send in your passport for an appeal ......pls advise

Has your current leave expired? If not it may be simpler and more straight forward (but cost you £750 again) to reapply with the correct calculations and appropriate evidence. If your leave has expired the only way forward is probably an appeal.

My understanding is that you do not have to send in your passport in again for an appeal however appeals can take a number of months and if you have not met the tier 1 criteria with your previously submitted evidence then your appeal may well fail in the end.