HSMP to Tier 1 Outside UK

[xavier]

Hi

I got HSMP visa stamped on my passport in Feb 2007 and it is valid till Feb 2009. Due to certain circumstances, I could not go to UK and am still in India. Now I am ready to move to UK.

Since the leave remained is just 7 months, it would be difficult to earn sufficient income in 7 months time in UK to gather enough points for visa renewal next year. Currently leave granted under Tier 1 system is 3 years.

Can I switch to Tier 1 now while in India keeping in mind that my HSMP visa is still valid till April 2009? Will they allow me to do that?

Thanks for your time and suggestion.

[CoolestGuyC]

You can sure do that, after all they are getting hefty fees each time you apply and don't go

[geriatrix]

The only option you have is to apply for Tier 1 scheme afresh. Your existing HSMP status will not help you (automatically) "convert" your immigration status to Tier 1.

At the time of HSMP application, you promised to make UK your home. Now that you have failed to keep that promise, it is difficult to predict if this fact will have a bearing on your Tier 1 application or not. Not sure if anyone else has done something similar ... no such case posted on the forum at least!


regards

[xavier]

Thanks a ton.

[geriatrix]

Just a thought!

Reserving my comments on whether an Immigration Officer will be convinced to let you enter UK on your current HSMP visa, but if your HSMP was approved before Dec-06 changes then you do not have to fulfil the new extension criteria imposed in Dec-06 (meet the 75 point requirement based on the various attributes). Read HSMP JR - Policy document for details if you belong to the pre-Dec '06 approvals.

If you do belong to the category of people benefitting from the HSMP JR, you might still want to consider entering UK now, make efforts to become "economically active" in UK and take your chances when the time for extension comes (feb 2009).

regards

[xavier]

I agree. However, I got my HSMP approval in Jan 2007.

Thanks