EC REJECTED UNDER HSMP JUDICIAL REVIEW

[patel555]

Hi,

My EC rejeted bez i am not get enough point. visa officer asset my application under present PBS. He will not consider my application under hsmp judical review.I am economic active during my stay and i left UK after november 2006 so i fall in group (b).visa officer do not consider part 9 of form for instatement as a Highly skilled migrant under the HSMP forum JR Ruling.

so. pl. advice me what will next do for further.

[apply4hsmp]

why was the visa rejected ? what does the officer say ?

Its not very clear what has happened for rejection

can you elaborate more please ?

[Jackie123]

Hi,

Did you applied under JR using FLR Tier 1 (HSMP) form or you applied under PBS? When did you got your HSMP approval initially?

Without providing enough information. I don't think any member of this forum would be able to help you without you telling us your circumstances clearly.

Cheers!
Jackie

[nikhil]

Sorry guys I dont mean to hijack this post but reading this thread kinda scared me. I was in the last batch back in 2006 who got his approval before the HSMP scheme was suspended. My HSMP approval letter is dated 31st August 2006. My HSMP application was made under the old rules and was judged under the old rules.

Do I fall under JR or would I have to make a fresh Tier1 application?

[patel555]

Hi,

I am apply as per as home office guide line and i used form which one used for who left UK after november 2006 change with out appying so. i fall in categry(b).

As per guide line visa officer asset first under tier 1 if you do not qualify then asset on economic active but my appication is not asset under HSMP judicial review.EC rejected on bais of present PBS.Now you clar what i am saying.

[murthyy]

Plz approach the other forum who won the judicial review, they will definitely help you.

Hi,

My EC rejeted bez i am not get enough point. visa officer asset my application under present PBS. He will not consider my application under hsmp judical review.I am economic active during my stay and i left UK after november 2006 so i fall in group (b).visa officer do not consider part 9 of form for instatement as a Highly skilled migrant under the HSMP forum JR Ruling.

so. pl. advice me what will next do for further.

[1971]

Hi Patel,

Its very difficult to understand your statements. It is assumed that a HSMP person should be able to make simple and clear statements but I am afraid this is not happening in your situation.

But my guess is that you left the UK in Nov 2006 and now want an extension of your visa.

My questions to you are:

(1) Did the HO refuse your initial extension before the JR decision and hence your having to leave the UK?

(2) Is it a person decision of yours to leave the country in Nov 2006 and havent returned since then.

(3) Can you please, write or quote the reason for rejection as stated by the CW.

If you can properly state your case, maybe some people here can advise you.

Cheers
1971.

[patel555]

Hi,

my answer are

(1)No. i leave UK with out appying for flr(hsmp) after november 2006.

(2)YES, bez i will not able to get 75 point that why i leave uk

(3)Ec officer calculate my point under present tier 1 system he can not consider the part 9 which one expanded for hsmp judicial review. he reject on basis of you can not get pont on age, uk experince. maintaince funds.

[Markie]

Hi,

I just re-read the JR decision and it appears that you must apply by July 2009 (pt 44)...here's the section that describes this...I quote:

"" HSMP migrants who left the UK
43. Provided they left after 7 November 2006, these migrants may apply for Entry Clearance as a highly skilled migrant.

44. Migrants must apply by 31 July 2009. After that date, the provisions described in paragraphs 43-50 and paragraph 52 will be removed.

45. If they wish to return to the UK as highly skilled migrants, migrants must apply for entry clearance in the Tier 1 (General) immigration category. In addition to completing the Tier 1 (General) application form migrants will also be required to provide evidence that:

a. Their HSMP leave expired after 7 November 2006;
b. They left the UK after 7 November 2006;
c. They would have met the old HSMP extension of stay requirements when they were in the UK.

46. When these migrants apply we will first consider whether they meet the requirements for entry clearance in the Tier 1 (General) immigration category.

47. If they meet these requirements, we will grant them an Entry Clearance that gives them:
a. Three years’ leave; or
b. Enough leave to enable the applicant to complete the qualifying period for settlement, whichever is the greater.

[end of quote]

Hi,

my answer are

(1)No. i leave UK with out appying for flr(hsmp) after november 2006.

(2)YES, bez i will not able to get 75 point that why i leave uk

(3)Ec officer calculate my point under present tier 1 system he can not consider the part 9 which one expanded for hsmp judicial review. he reject on basis of you can not get pont on age, uk experince. maintaince funds.

[Markie]

my follow-up questions include:

- did you use the correct form?
- did you ticked the box saying that you need to be reviewed under the HSMP Jr?

Hi,

My EC rejeted bez i am not get enough point. visa officer asset my application under present PBS. He will not consider my application under hsmp judical review.I am economic active during my stay and i left UK after november 2006 so i fall in group (b).visa officer do not consider part 9 of form for instatement as a Highly skilled migrant under the HSMP forum JR Ruling.

so. pl. advice me what will next do for further.