HSMP extension. is it from end of current visa or from issue

[nionlight]

hello all, i am in the uk in HSMP visa which is due to expire on october 2009. now my question is, if i apply now then if i get visa, will the visa be issued from october 2009 or will it be from the date of the isuue? if its from the date of issue it means if i apply now then i will not be fulfilling 5 years ILR rule. it mean i have to extand again after 3 years? but if i apply just before october then isn't it very risky? in case if visa is refused then i will not have any valid visa at that time? please advise experts.

[nionlight]

so no one has any clue?

[Kaff]

You can't apply now, but if you do so you might endup loosing your fee, don't know but it is too early without any justification.
You can apply 2-3 monhts earlier i suppose to be on safe side.

[nionlight]

thanks kaf for reply. i heard any hsmp holder can apply for extension any time they want since officially its actually not extension its actually changing to Tier 1 which is different category. and any one can switch t different category whenever they are qualified. but anyway may be thats a wrong information. but anyway, i still didn't get the main answer that i was looking for which is, the validity of visa. will this visa be valid from the day they issue it or its from the end of current visa expiry date? i will appreciate if any one can share some knowledge..

[gradkg]

See the mail below from HO.

RE: HSMP (Tier 1) Extension Query - Please advise
Tuesday, September 16, 2008 8:46 PM
From: "WPCustomers" <wpcustomers@ind.homeoffice.gsi.gov.uk>
To: XXXXXXXX@yahoo.com

Dear XXXXX
Thank you for your email,

You should apply for an extension around 4 - 5 weeks before your visa expires. It is important that applications are made before the applicant’s current leave to remain expires.
If you do apply earlier you will need to write a covering letter explaining the reason for making the application early. It will then be up to the caseworker if they accept that and process your application early.

Regards,
YYYYYYYY
Customer Service Advisor
Work Permits Customer Contact Centre
UK Border Agency
Home Office
PO Box 3468
Sheffield
S3 8WA
Telephone: 0114 207 4074
Fax: 0114 207 4000
Email: wpcustomers@ind.homeoffice.gsi.gov.uk
Website: www.bia.homeoffice.gov.uk/workingintheuk.gov.uk/


________________________________________
From: XXXXXXXX@yahoo.com
Sent: 14 September 2008 09:56
To: WPCustomers
Subject: HSMP (Tier 1) Extension Query - Please advise
Dear Team,

My HSMP visa expires in Feb 2009 (initially granted for 2 years). Please could you advise when is the earliest I could apply for my extension.

Homeoffice website states that the application should be recieved atleast 5 weeks before the expiry. I assume this is the latest by which you would like to recieve the application. I just wanted to know what is the earliest I could apply.

Appreciate your response

Thanks,
XXXXXXX

[rizwan567]

If you fulfill the extension criteria now then you should apply as soon as you can. I am 100% sure you will get it. I have personal experience of making before time application and they are all successfull. Just give any reason in your covering letter like travel arrangement, medical treatment, mortgage problem, job problem etc etc

usually visas are issued post dated i.e from the expiry of your current visa.

[nionlight]

If you fulfill the extension criteria now then you should apply as soon as you can. I am 100% sure you will get it. I have personal experience of making before time application and they are all successfull. Just give any reason in your covering letter like travel arrangement, medical treatment, mortgage problem, job problem etc etc

usually visas are issued post dated i.e from the expiry of your current visa.

thanks rezwan for your reply. just to clearify, you said "usually visas are issued post dated i.e from the expiry of your current ". does it mean, its actually not rule to issue post dated visa or its upt to case worker's discretion? and there is a chance that visa may be not post dated? if so then there is a big risk involved isn't it? if the visa validity date is from visa issue date then there is a huge risk of not getting 5 years of ILR rule. please advise.

[rizwan567]

If you fulfill the extension criteria now then you should apply as soon as you can. I am 100% sure you will get it. I have personal experience of making before time application and they are all successfull. Just give any reason in your covering letter like travel arrangement, medical treatment, mortgage problem, job problem etc etc

usually visas are issued post dated i.e from the expiry of your current visa.

thanks rezwan for your reply. just to clearify, you said "usually visas are issued post dated i.e from the expiry of your current ". does it mean, its actually not rule to issue post dated visa or its upt to case worker's discretion? and there is a chance that visa may be not post dated? if so then there is a big risk involved isn't it? if the visa validity date is from visa issue date then there is a huge risk of not getting 5 years of ILR rule. please advise.

Yes, it is on the discreation of the caseworkers...

[pakuk]

hello all, i am in the uk in HSMP visa which is due to expire on october 2009. now my question is, if i apply now then if i get visa, will the visa be issued from october 2009 or will it be from the date of the isuue? if its from the date of issue it means if i apply now then i will not be fulfilling 5 years ILR rule. it mean i have to extand again after 3 years? but if i apply just before october then isn't it very risky? in case if visa is refused then i will not have any valid visa at that time? please advise experts.

Well I think you can't, purpose of an extension is to extend stay when current visa is going to expire. But if it is very important for you then you can use this point. HO hasn't mentioned anything about application time frame in immigration rules and regulation. If it is so then probably you can apply after consulting with some solicitor. In case HO refuses to issue visa, you can file a case against them that it is not mensioned anywhere in Tier1 immigration rules that one should only apply before 4 or 5 weeks to the expiry of current stay.

I hope this helps.

[rizwan567]

hello all, i am in the uk in HSMP visa which is due to expire on october 2009. now my question is, if i apply now then if i get visa, will the visa be issued from october 2009 or will it be from the date of the isuue? if its from the date of issue it means if i apply now then i will not be fulfilling 5 years ILR rule. it mean i have to extand again after 3 years? but if i apply just before october then isn't it very risky? in case if visa is refused then i will not have any valid visa at that time? please advise experts.

Well I think you can't, purpose of an extension is to extend stay when current visa is going to expire. But if it is very important for you then you can use this point. HO hasn't mentioned anything about application time frame in immigration rules and regulation. If it is so then probably you can apply after consulting with some solicitor. In case HO refuses to issue visa, you can file a case against them that it is not mensioned anywhere in Tier1 immigration rules that one should only apply before 4 or 5 weeks to the expiry of current stay.

I hope this helps.

Well I am not making any assumptions are guesses. I am talking about my own experience.

In short based on my experience i can say that visa applications can be made well before the expiry of your current visa expiry.

[pakuk]

@ Rizwan

If u r saying based on ur own personal experience then no doubt u r right. what do u say about the post below

www.spammer.com/discuss/hsmpx/2355561/

Guy applied well in advance and he did get extension but not from visa expiry date but 3 months earlier than that.....

How many months earlier u applied and did u get extension from visa expiry date?

[mr_danny]

@ Rizwan

If u r saying based on ur own personal experience then no doubt u r right. what do u say about the post below

www.spammer.com/discuss/hsmpx/2355561/

Guy applied well in advance and he did get extension but not from visa expiry date but 3 months earlier than that.....

How many months earlier u applied and did u get extension from visa expiry date?

hi

even my visa runs out in july 09
so are u planing to apply - or are u thinking otherwise?