HSMP / Tier 1 Extension - absence

UD78 · Post by **UD78** » Fri Jul 25, 2008 2:00 pm

Hi,

I have an HSMP visa which will expire in 01/01/10. I have been working in the UK for 4 months. Now I am leaving the UK as I got another job in another country.

I'll possibly be out of the UK in the next two years.

Would it be possible for me to get an extension for my visa (FLR) when the time comes? I can arrive in the UK one month before my visa expires and apply?

Thanks in advance...

republique · Post by **republique** » Fri Jul 25, 2008 3:07 pm

UD78 wrote:Hi,

I have an HSMP visa which will expire in 01/01/10. I have been working in the UK for 4 months. Now I am leaving the UK as I got another job in another country.

I'll possibly be out of the UK in the next two years.

Would it be possible for me to get an extension for my visa (FLR) when the time comes? I can arrive in the UK one month before my visa expires and apply?

Thanks in advance...

Doubt it
How will you possibly make the income threshold to get an extension?

Post by **geriatrix** » Fri Jul 25, 2008 3:07 pm

HSMP / Tier 1 schemes allow individuals to reside in UK and contribute to the UK economy. Such a long absence might be allowed (not sure) if you are being seconded to another country by a UK employer and that you can provide some corroborating evidence of maintaining residence in UK during the absence period (e.g. - paying some sort of taxes, maintaining a home, evidence of secondment from employer etc.) at the time of extension but I do not think that you will be allowed to extend your leave to remain in UK when you are legally residing and earning outside the UK (if you take up an employment offer with an employer in another country).

Read the Tier 1 policy guidance to understand the conditions you'll have to meet at the time of extension (subject to change in future as desired by UKBA).

It will be best to get some expert legal opinion.

regards

UD78 · Post by **UD78** » Fri Jul 25, 2008 3:53 pm

Thanks for the quick answers, guys.

I thought that I'd be able to claim points for my income as per the band of the country I'll work in.

But I won't be able to claim UK experience (5 points) as I won't be working in the UK...

Otherwise I'll need to apply for an initial Tier 1 visa?

Post by **geriatrix** » Fri Jul 25, 2008 4:03 pm

The immigration law states the following for Tier 1 (General) Migrants

Part 6A - Point-Based System wrote:245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.

UD78 wrote:Otherwise I'll need to apply for an initial Tier 1 visa?

I think yes!

regards

republique · Post by **republique** » Fri Jul 25, 2008 4:13 pm

UD78 wrote:Thanks for the quick answers, guys.

I thought that I'd be able to claim points for my income as per the band of the country I'll work in.

But I won't be able to claim UK experience (5 points) as I won't be working in the UK...

Otherwise I'll need to apply for an initial Tier 1 visa?

Are you being seconded abroad? Are you working for a UK company abroad?
Otherwise, you are not using your hsmp visa so then you can't claim your income on your application for an extension.

UD78 · Post by **UD78** » Fri Jul 25, 2008 4:59 pm

I'll be working for a company based abroad.

It seems that I'll need to start all over and make an initial application...

I managed to get it once, so I should be able to get it again...

Cheers

republique · Post by **republique** » Fri Jul 25, 2008 6:23 pm

UD78 wrote:I'll be working for a company based abroad.

It seems that I'll need to start all over and make an initial application...

I managed to get it once, so I should be able to get it again...

Cheers

You didn't answer the question
Are you working for a UK company abroad or a non UK company.
Try to be precise

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HSMP / Tier 1 Extension - absence

HSMP / Tier 1 Extension - absence

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