HELP!!!!!!!!! Ref:HSMP

[Helena]

Hi there!

Just received HSMP refusal. My 5 yr. plus senior level work experience has not been recognised as well as my partners acheivements. However my education and earnings were recognised by HO. Submition date 23/09/2004. Refusal received on 16/03/2005.

Please help!!!!!!!!!!!!!!!!!!!

Should I ask for a review?????
Has anybody made a successfull appeal/review?????????
What shall I write about in review request???
I was on a student visa and currently studying for Master's degree in a well-known UK University. I am now asked to leave the country as I have no visa!!!!!
What shall I do???
Ask for student visa again to finish the course??????
Can I submit another HSMP application in-country????
Should I ask for review?????????

Please help before I am deported !!!!!!!!:shock:

Thanks in advance!!

[makon]

If you are CURRENTLY studying for a masters degree, the safest thing to do is to renew your student visa. After that, request a review of the original decision. Hopefully they will award you 25 points this time around for work experience, even though they may not award you points for senior level experience.

meanwhile, did u attach supporting documents for work experience? Docs such as employment offer letters, employer references, etc.

Gd luck

[f2k]

sorry to hear bout your refusal. please do supply us with more detail about your case in terms points claimed, supporting documents provided and points awarded (or refused), etc. also in terms of when your visa expired in relation to your application date and also when you commenced your current course. unfortunately for you time is not really on your side. also you might want to consider seeking advice from a good immigration solicitor as your case seems to be very complicated

[JhonnyECU]

dear helena,

sorry to hear about refusal!

i agree with the others, try to get your student visa renewed. that should be way easier, safer and quicker than waiting for a quick review.

if you havent finished your masters,t hen getting an extension on your student visa should be no problem, right?

this will give you more time to read the posts regarding how to write your experience letters in the way the hsmp caseworkers want them to be. i know it is frustrating that they wouldnt accept a general, "obvious" or conventional letter of experience BUT those are the rules of this game, ok?

i think i read that you have a lawyer or someone like that, right? if you are already being helped that way, then have this person get you an extension of your student visa.

wish you the best, dont get sad or depressed. be positive and motivate yourself as to get those documents ready.

ask for a review. that wont affect you in any way. do call your caseworker for clarification. hopefully this person might give you a coulpe of REAL answers and not only those generical responses they copy and paste in our refusal letters. then wait to see what happens BUT dont forget to get that student visa extension in the meantime ?

how old are you? under 28?

keep us updated

jhonny

[Helena]

Hi there again,

As I said earlier my HSMP has been refused although I have used solisitors service and paid lots of money. I addition my student visa expired in October. That was not extended and HO put "refusal" their. I was served with 28 days notice to leave the country.
Have already visited lots of immigration lawyers. All of them saying to ask HSMP team for a review. Also if I ask HO for another student visa I should be refused, however HO caseworkers can use their discretion in exceptional circumstances like mine to let me finish my Master's degree.
Therefore my Spammy Spammer to all students: BE CAREFUL!!!! Once you've decided to switch status there is no way back! If you are refused you 'll have to leave the country. I may be lucky to get approved on review, alternatively will have to drag time on appeals to finish the course.

Also I would like to ask 2 questions:
1. With regards to my working experience I have submitted job reference with description of my duties as well as some publicity. What else do you think might be relevant? I have been studying part-time for 2 degrees for the first 1.5 years of my work experience. Do you think it could be the problem? Should I explaine it in greater detail? I read some people presented company structure diagrams? Shall I supply additional tel.numbers/e-mails of people who sighned job references just in case HO wished to contact them?

2. I have only paid half of the solocitors fee in advance.
Do you think I should pay the rest even they blew up my case????
(work experience and study has not been explained properly, although I was asking to do so, wrong advice was given not to extend my student visa first, failed to notify me about my refusal promptly(7days), I had 3 different caseworkers, as they were leaving jobs promptly, and none of them knew what was going on .)

Thanks guys for your support!
Kind regards
Helena

[JhonnyECU]

hi helena,

damn, i though of making a documentary out of this hsmp suffering but with your story i could make a terror film!

work experience and study has not been explained properly, although I was asking to do so, wrong advice was given not to extend my student visa first, failed to notify me about my refusal promptly(7days), I had 3 different caseworkers, as they were leaving jobs promptly, and none of them knew what was going on .

please let us know more details about your case so we could help you...

your student visa expired on oct 04, then you tried to extend it and THIS student visa application got refused, right? when did you get this refusal?

you got refused by hsmp team on 16.03.05, right?

what is your legal status in the UK now?

what has your solicitor said about this anyways?

have you contacted your caseworker by telephone?

what kind of evidence are you intending to use for this review?

i dont know if that below might be a problem...

I have been studying part-time for 2 degrees for the first 1.5 years of my work experience. Do you think it could be the problem?

wish i could be of more help...


jhonny

[pipo_2004]

Hi Helena,

Did u get your refusal letter late? My refusal letter was dated 8 March but it was postmarked 21 March and I received it 22 March so two weeks has been chopped off and that's unfair. I don't know if the 28 days would start from 8 March or from the day I received it. I have already sent a fresh application to buy me more time as I have already a job offer. I have received the job offer prior to receiving the refusal letter. I don't know if they would accept this as an exceptional circumstances.

[Helena]

More details on my HSMP

My immigration consultant advised me to send HSMP application and passport together before the 1st of October and promissed 100% success. At the time my student visa was expiring in a month time.
As my HSMP was rejected, my student visa has been rejected as well. Strange enough I was given 28 days to leave the country! What about HSMP review then??
ON top of this my lawyer advised me not to tell HO of my study on Master's programmeat the university. So HO does not know and therefore why would they granted me a stay?? So what am I supposed to say now??
Today I was advised by another consultant that if I send FLR after HO terminated my previous visa, they will keep my documents for a very very very .....long time till I ask for it myself. Great prospects for someone who has spent so much money for education in this country!!

[Helena]

Hi again guys!

You have been of great support to me!

I tried tocontact my HSMP caseworker and I was told she would be back on Monday. I have given her my Ref. No. and asked then to pass her my e-mail address and a request for more insight as to why she considered my experience inappropriate. She was never back though...

Here are things I am planning to put in a review request :

1.A detailed description of how I managed my time with full-time work and part-time studies, saying how many study hours v work hours I had to do per week proving that that was not an impossible. Drawing comparison to my present activities (Study full-time Masters and part-time ACCA)

2.Then saying that bank, I worked for, used to run a career fairs at my uni and used to employ graduates on their last year of study (evidence can be provided on request)

3 Give them tel. numbers and e-mail addresses of people signing references to contact if they wish so.

4. Saying that at the time bank employed me I did 2/3 of my degree programme.

5 Drawing an organisation chart of my second employer to show them I was on a senior level position there.

6 Going on about duties that I performed requiring a degree level.

7. Asking for special consideration to be taken of the fact that I am completing my degree now (HO helpline advise)

Please could you ttell me what you think of this all!

[nazam]

7. Why does the service not cover HSMP applicants?

All applications relating to extensions of leave to remain under the Highly Skilled Migrant Programme are particularly complex and cannot be processed at the PEO. Please do not attempt to make an appointment for these applications.

[Helena]

Hi Nazim!

Sorry but I did not understand what you mean by your Spammy Spammer.
Please clarify if you can.

Thanks

[nazam]

sorry i have to post this message in some other forum.

Really sory again,
Nazam

[Impact]

hello! helena, any update on your case?. we are in the same boat except that my student visa expired in sept 2004 whilst waiting for HSMP decision. Hsmp told me i can keep my student status when the visa expires until they have made a decision. i was rejected on the 31st of March and the letter offered me to ask for review or re-apply. I sent for review. will let u know what happens. In the mean time i have contacted work permits uk to find out if i can still keep my job whilst waiting for review and they replied negatively about having an expired visa, so waiting for more clarification on that.

[Helena]

Hi there!

I submitted application for a late student extension with the help of my lawyer today. He said HO would keep it at least for four months before I get a decision. I did not send HSMP review request as I need to submitt new evidence. Therefore would need to submitt a fresh application. I am kind of scared of that HSMP programme and not sure that I would want to apply again. My case is tricky and not certain anyway. Just want to finish my MSc. degree for the time being.
HO is launching a new programme - MBA provision for 50 top business schools in the world, they would get approved on HSMP automatically. My school is on that list, BUT I am not on MBA programme. Not with my luck!!!
So, what did you actually do about you visa??? You only have 28 days!
And if you don't have a valid visa you can't submitt a fresh application.
We are indeed in the same boat. My story is identical to yours.

Kind regards

[Helena]

Did HSMP team actually tell you in the letter that you can re-apply on an in-country basis?????