ILR after extension of HSMP/Tier -1

adnantps · Post by **adnantps** » Thu Jun 04, 2009 10:30 am

I applied for extension on 20th May and passport was stamped with 3 yr extension on 30th May; My initial VISA was HSMP and extension is in
Tier 1.
But heres what is confusing me

- One of my friends got extension ( same case as mine) 5-6 months back; they extended his visa keeping in view his date of arrival in UK rather than passport stamp date. More over the letter they issued said this should be enough for you to take you to ILR; subject to rules

- My extension VISA takes consideration of the stamp date and I arrived 2.5 mnths after my VISA was stamped( my firend and many others have teh same case). Further more my letter enclosed says should I wish to have further leave to ramain I must apply it before expiry of current leave

- In above scenario after 3 yeards i'll be around 2 mnths short of 5 YR ILR qualification; and the extension to my friends VISA makes quite some sense and avoids hassle to home office. There is no way they could deport me as I've doen every thing according to rules and have a strong case example of my friend. More over in my initial application i did mention travel date but they usually dont care abt it and stamp it on the same day.

Is there any thing fishy going on; please advice.

jimmymcad · Post by **jimmymcad** » Thu Jun 04, 2009 10:48 am

Adnan,

The same thing happened in my case even. I have heard of one of friend that he got stamped since the date he travelled to UK.

For my HSMP to Tier1 extension
I mentioned on my cover letter if i could get 3.2 months extension, i would be qualifiying for ILR, but they did not do it and just extended my visa for 3 years only. I am in the same boat that after 3 years i will have to apply for a further extension for 2 months:(....

I just got my visa on 2nd june, I thought to call them up, but i think it would not help.

Regards,
Jimmy

adnantps · Post by **adnantps** » Thu Jun 04, 2009 11:00 am

I dont think we should wait; number one we call home office and explain the scenario. We cannot go for FLR only for 2 months for a mistake home office made; when we clearly mentioned the date of travel in the form. Atleast i mentioned teh correct date of intended travel 15th august 2007 and yet they stamped it on 6th june 2007.

Also now masters requirement is in provision; so no guaruntee we will get FLR after 3 years; as currently we switched from HSMP to Tier-1. Many of us might be facing this issue.

I say we call home office and ask an explaination about different standards being followed. If they doint give satisfactory answer we should join and hire a lawyer instead of waiting for 3 years and then going to court. Anotehr FLR is totally pointless. And we have a strong case reference of my friend and youve got a case too.

One thing that we can see but will cost us 820 pounds is; after say 4-5 months etc apply for anotehr extension right away. I dont know whether its possible or not.

After how many months did your friend travel after stamp date?

gotcha · Post by **gotcha** » Thu Jun 04, 2009 11:09 am

adnantps wrote:I dont think we should wait; number one we call home office and explain the scenario. We cannot go for FLR only for 2 months for a mistake home office made; when we clearly mentioned the date of travel in the form. Atleast i mentioned teh correct date of intended travel 15th august 2007 and yet they stamped it on 6th june 2007.

Also now masters requirement is in provision; so no guaruntee we will get FLR after 3 years. Many of us might be facing this issue.

I say we call home office and ask an explaination about different standards being followed. If they doint give satisfactory answer we should join and hire a lawyer instead of waiting for 3 years and then going to court. Anotehr FLR is totally pointless. And we have a strong case reference of my friend and youve got a case too.

After how many months did your friend travel after stamp date?

In my view, Tier1 can be granted max for 3 years. Yes, I seen cases where it's been granted for more than it. But, there is nothing official indicating it. Probably it's their mistake to confuse it with HSMP JR and grant it to take you to ILR. But, I have not seen any ruly that says that extension will take you to ILR.

adnantps · Post by **adnantps** » Thu Jun 04, 2009 11:15 am

But the normal path to immigration for Tier-1 and HSMP was
2 years intial 3 years extenstion then ILR and file for passport.

Individually i agree theres no mention of mixing ILR with FLR. But collectively as they set thw road map in 2002 to attract highly skilled migrants; there must be a provision for this case. Every one I know who is here on HSMP has arrived atleast 1.5 months later and every body said we mentioned our travel plans yet they stamped it on the same day.

Currently what we can do is call home office and get clarification; they they say more FLR and accrding to that rules. We talk to some immigration lawyer. We are not fools for living and paying taxes for 4 years 10 months and then kicked out cuz home office made a mistake.

adnantps · Post by **adnantps** » Thu Jun 04, 2009 12:51 pm

OK this is very serious; I called the home office and explained the case

- I got visa stamped on 2nd june 2007 made entry on 18th Aug 2007( though i mentioned the travel date as 15th aug 2007)

- They clearly said as per this I have to apply for fruterh leave to reamina no matter if its 1 day or 1 mnth as per rules at time time

- means if we dont qualify for FLR(rememebr we lose age points) we have to go back

- Some cases are there where case workers have given visa accrding to entry date; so why are we being different.

- she also said its upto case workers discretion:S tahts really not approprieate. Soe have to apply for furtehr FLR and some not

I APPEAL TO EVERY BODY FACING THIS ISSUE; TO CONSULT IMMIGRATION LAWYERS AND RAISE THIS ISSUE TO HOME OFFICE

adnantps · Post by **adnantps** » Thu Jun 04, 2009 12:52 pm

OK this is very serious; I called the home office and explained the case

- I got visa stamped on 2nd june 2007 made entry on 18th Aug 2007( though i mentioned the travel date as 15th aug 2007)

- They clearly said as per this I have to apply for fruterh leave to reamina no matter if its 1 day or 1 mnth as per rules at time time

- means if we dont qualify for FLR(rememebr we lose age points) we have to go back

- Some cases are there where case workers have given visa accrding to entry date; so why are we being different.

- she also said its upto case workers discretion:S tahts really not approprieate. Soe have to apply for furtehr FLR and some not

I APPEAL TO EVERY BODY FACING THIS ISSUE; TO CONSULT IMMIGRATION LAWYERS AND RAISE THIS ISSUE TO HOME OFFICE

jimmymcad · Post by **jimmymcad** » Thu Jun 04, 2009 12:54 pm

Hi,

I did the same thing and called up HO and they said the same thing.

One can only be granted 3 years extension and if you are not qualifying for ILR, you have to apply for further leave to remain.

Regards,
Jimmy

jimmymcad · Post by **jimmymcad** » Thu Jun 04, 2009 12:55 pm

Hi,

I did the same thing and called up HO and they said the same thing.

One can only be granted 3 years extension and if you are not qualifying for ILR, you have to apply for further leave to remain.

I request other senior members to suggest if they have any advice.

Regards,
Jimmy

adnantps · Post by **adnantps** » Thu Jun 04, 2009 4:16 pm

Contradiction is Guidance and Form

Guide SET(O) - version 05/2009

5 WHEN TO APPLY

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.

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

Form SET(O) - version 05/2009

S ECT ION 6 - ABS ENCE S FROM THE UK
6 . 1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.[/b]
============================================

Any ideas?

jahangir · Post by **jahangir** » Fri Jun 05, 2009 6:02 am

I have seen similar issues in SET(m) cases (settlement on the basis of marriage). One friend's wife came here on spouse visa but three months after the visa was issued. After the two year's period instead of getting ILR she was asked to apply for FLR.

But I know at least two other friends whose spouses had travelled after a delay of 1.5 months but they gave an explanation with their application for why they travelled late and without any question they were given ILR.

I know for 28 days there is no problem... because they can ignore one month less...

For two and a half months it is hard to say much.

Your best bet is write to the HO (on phone calls they sometimes dont provide accurate information). Explain your case including the fact that you had shown your intended date of travel.... and request them for information.

If they say you will have to apply for FLR, either you can challenge that before the AIT (both of you can get a solicitor).... or just keep the letter (as proof that you raised the matter with the HO at the earliest possible opportunity) and then at the time of extention, apply for ILR.. explain the position... requesting them to condone the period deficient..

adnantps · Post by **adnantps** » Fri Jun 05, 2009 10:19 am

Thanks jahangir; thats a very usefull information.

Can some senior members explain the case about the guidance notes and whts mentioned in the form; in the guidance notes it clearly says stamp date as beginning of the qualifaction period. It makes sense too as the period b/w stamp and entry date can be treated as absent.

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ILR after extension of HSMP/Tier -1

ILR after extension of HSMP/Tier -1

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