Extension for more then 3 years under HSMP JR ?

ashishashah · Post by **ashishashah** » Sat Oct 11, 2008 8:49 pm

Hello,

I am covered by HSMP JR judegement..I am applting for extension of HSMP visa for me and dependents next week.

I have a query:As per the judegement, we would be given extension for a)3 years or b)till we reach settlement period which ever is greater

So shd. i a)write in my cover letter to grant me extension for 3 years and 2 months referring the judegement??
OR
b)Just request for an extension and let case worker give me 3 years extension .

I dont want to apply for another extension after 3 years ,and want to use the judegement statement in my cover letter,but i am worried that case worker might take it as an offence :he might think that i am trying to teach him his job or some thing like that..
What do you guys suggest,shd.i mention about it in my cover letter and take risk of upsetting the case worker ,or just keep quiet and hope for a longer extension?

Pl. advise
Ashish

bani · Post by **bani** » Sun Oct 12, 2008 12:08 pm

ashishashah wrote: So shd. i a)write in my cover letter to grant me extension for 3 years and 2 months referring the judegement

I think you should do this. Just write it in a polite way, like "I'd like to request that the extension given to me is 3 years, 2 months. This is in line with the JR ruling... (quote rule here)" . As long as you are polite, I don't think you would upset the caseworker.

Good luck.

ashishashah · Post by **ashishashah** » Thu Oct 30, 2008 1:49 am

Hi All,

Here is my stats.

Applied under Judical Review-

Apps sent for self and dependent on 13th OCT
Apps received by home office on 14th OCT
Reference letter dated 14th OCT
Decision Made 28th OCT
Passport received 29nd OCT
TIER 1 (GENERAL) VISA received

So in my case it took them only 10 days to make a decision, well loved that, it was really quick turnaround!!

The only issue is they gave me extension only for 3 years ,while i wanted for 3 years and 2 months as i came to UK 2 months after getting EC..
As per JR ,i should have given more then 3 yeras of visa...They have attached a letter which says that this 3 years would take me to ILR which is wrong...Any ways, i will apply for one more FLR in 2011 ..
Regds

hsmp2010 · Post by **hsmp2010** » Mon Nov 24, 2008 4:49 pm

hello,
I had same problem 2 months short but got exact 3 years extension. I contacted HO and they asked me to send back passport and they will endorse again. They accepted that its in JR policy and u shud be given enough extension to take to settlement. So send back with cover letter with JR policy document. they will endorse again

ashishashah · Post by **ashishashah** » Mon Nov 24, 2008 6:18 pm

Oh cool..

How did you contact them??And while sending the passport did you mention that you had talked to some one on phone ?

Would be great if you can give me the steps

Thanks
Ashish

hsmp2010 · Post by **hsmp2010** » Tue Nov 25, 2008 10:13 am

When I sent my extension application even with that I mentioned this in cover letter but they didnt listen. Anyways when I got passport , I post on this forum that apply again in 2011 but I didnt lose hope first I contact them phone also sent email on both I got positive response. You dont need to do such thing. Just simple cover letter mention this and tell please endorse again up to this month and year. mention ur reference no of course and mention page 2 point 9 of JR policy document which says extension enough to take settlement. I attached copy of JR policy document. thats it just these 3 things including ur passport and send it to address from where extension approval letter came.

ns7 · Post by **ns7** » Tue Dec 09, 2008 9:38 pm

My EC date was Feb 2007 but I came to UK in May 2007 (first entry) so I would be completing 5 years in May 2012.

I recently applied for the extension under HSMP JR and I also mentioned about my first entry date in the cover letter but still I have been given extension till Feb 2012 (not May 2012). The letter which I got from UKBA along with my passports is saying that leave has been approved for a period Feb 2012 and this will be sufficient to take me to the current qualifying threshold for settlement.

I am planning to travel to India in Jan end. I am not sure whether I should ask UKBA about this (and send my passport back to them to get extension till May 2012) now or pursue the case once I come back. Any suggestions?

hsmp2010 ! how much time was taken by the Home Office to endorse your passport again?

Thanks & Regards,
ns7

hsmp2010 · Post by **hsmp2010** » Wed Dec 10, 2008 1:21 pm

I think u should send passport back with cover letter. I got it in one week.

ashishashah · Post by **ashishashah** » Wed Dec 10, 2008 2:03 pm

@ns 7,i am in the same boat as yours...

But i wont send the PP back ...I ahve heard that they r any way not going to give ILR after 5 years..So any ways, we have to apply for one more FLR...Your call though

hsmp2010 · Post by **hsmp2010** » Wed Dec 10, 2008 5:20 pm

ashishashah

I think one shud be on safe side and send passport back because nobody knows what will happen at that time. May be ruling favours in our case

ns7 · Post by **ns7** » Fri Dec 12, 2008 9:05 am

Ashish, are you talking about the new bill: http://www.bia.homeoffice.gov.uk/siteco ... itizenship?

ashishashah · Post by **ashishashah** » Fri Dec 12, 2008 9:36 am

Well, no..but some what on simlar lines...

You wont get ILR after 5 years (by the time we reach there in 2012)..
So we will ANYWAY have to go for 1 more extension,having additional 3 months wouldnt help...

hsmp2010 · Post by **hsmp2010** » Fri Dec 12, 2008 11:04 am

asish

after 5 years there will be probationary citizenship according to new bill. and I think same rules will apply for this as for ILR. plus it is written as newcomers in bill so God knows may be its just for new arrivals. hope for the best.

ns7 · Post by **ns7** » Mon Dec 15, 2008 12:07 pm

I don't want to send back my passports to UKBA without any communication. So I have sent them an email (wpcustomers@UKBA.gsi.gov.uk) explaining my case.

ns7 · Post by **ns7** » Mon Dec 15, 2008 5:11 pm

The reply which I got from UKBA is bit surprising. I am enclosing my email communication with them.

(1) EMAIL SENT TO UKBA (wpcustomers@UKBA.gsi.gov.uk)
To: WPCustomers
Subject: Reference number - PBXXX (Extension under HSMP Judicial Review Judgement)

Dear Sir / Madam,

This is in reference to my extension approval (dated XX December 2008, reference number: PBXXX) under HSMP Judicial Review Judgment. I along with my dependents got extension till XX February 2012.

According to the approval letter this would be sufficient to take me to the current qualifying threshold for settlement (5 years). However I would like to mention that my entry clearance (initial visa) date was XX February 2007 but my first entry in the UK was on XX May 2007. So with extension till XX February 2012 I won't be completing 5 years period in the UK.

Based on point 9 (page 2) of "HSMP Forum Ltd judicial review: policy document" (available at http://www.ukba.homeoffice.gov.uk/sitec ... cialreview) I should have been given extension till XX May 2012 as that would take me to the current qualifying threshold for settlement (5 years).

Kindly advise me on this.

Yours faithfully,
XXX

(2) REPLY FROM UKBA
Dear XXX,

Thank you for your email.

The grant of leave issued at the extension stage is dependant on the length of the initial HSMP approval you were granted. As you were granted 2 years initially, the extension would be granted for a further 3 years. This is irrespective of the date that you entered the UK.

If, for example, your initial grant of leave was for only 1 year then you would have been granted 4 years at the extension stage.

If you will not be eligible for indefinite leave when your current visa expires then you may need to look into extending this permission further.

I hope this information is helpful.

Kind Regards.

XXX
Customer Contact Centre
UK Border Agency
PO Box 3468
Sheffield
S3 8WA
Telephone: 0114 207 4074
Fax: 0114 207 5861

ashishashah · Post by **ashishashah** » Mon Dec 15, 2008 5:28 pm

Well, they r saying that u need to apply for one more FLR..In my case they told me to send my Passports and they will extend my visa for 3 months ..Not sure if they would have done that when i would have sent my PP..

JUST DONT BOTHER,as i mentioned earlier ,they keep moving the goal post ,and you will have to go for another FLR(may be 2-3 FLRs ,depending on their mood!! ) any ways..

Just be ready to shell out 750 GBP every 2-3 years

QMalik · Post by **QMalik** » Sun Dec 21, 2008 9:40 pm

Hello All,

I have been reading discussions about ILR issue with regards to completing 5 years, for the persons covered through judicial review and got extensions after completing 2 years or else for further 3 years, but initially entered late in the UK when there initial leave was granted.

As I have gone through the guidance set (O) which is for HSMP Visa holders to get ILR. I have also pasted the actual context below for a quick look.

I have never find it saying that the 5 years period shall start from the date we entered in the UK rather says the 5 year period shall start from the date initial leave was granted.

Could any body explain from where you read that the 5 years period runs from the date you entered in UK?

Thanks

Original Context:
5 WHEN TO APPLY
You and any dependants who are applying with you
should apply before the end of your/their permitted stay
in the UK. There is a qualifying period to complete in
most of the categories on this form. That period runs
from the date on which you were granted leave to enter
or remain in this capacity. Please do not apply more
than 28 days before completing that qualifying period.
If you apply earlier than that, your application may be
refused. If that happens, we will not refund the fee and
you will have to pay again when reapplying.

The qualifying periods are as follows:
5 years In the work permit holder, employment not
requiring a work permit, businessperson, innovator,
investor, highly skilled migrant, self-employed lawyer,
writer, composer or artist, UK ancestry and any of the
Tier 1 or Tier 2 migrant routes.

ns7 · Post by **ns7** » Thu Apr 09, 2009 11:38 am

ashishashah, what do you suggest now (after recent ILR ruling) ?

AshwathCR · Post by **AshwathCR** » Thu Apr 09, 2009 2:28 pm

Hi QMalik,

I agree with you.

But have a look at this post ...

http://www.immigrationboards.com/viewto ... &start=760

don't ypu think that this case is absoultely in contrast to the SET(O) guidelines ??!!

I also entered UK 7 months later than my initial LTR. so, I am more worried on this constraint ...

Best Regards,
Ashwath

ns7 · Post by **ns7** » Thu Apr 09, 2009 7:45 pm

AshwathCR,
When did u apply for HSMP initially (before or after Nov 7 2006)?

AshwathCR · Post by **AshwathCR** » Fri Apr 10, 2009 2:22 pm

hi,

I applied for my HSMP in Oct'07.
Got my HSMP Visa from Nov/07 - Nov/09

But, I arrived to UK only in Jun/08 ... 7 months later !
So, I m worried about my ILR ... Not clear about the rule '5 yrs of stay' in UK.

Ashwath

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Extension for more then 3 years under HSMP JR ?

Extension for more then 3 years under HSMP JR ?

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