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If HSMP is Rejected what happens to existing WP ?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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ND
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If HSMP is Rejected what happens to existing WP ?

Post by ND » Mon Apr 19, 2004 9:54 am

Hi Kaya & All,

Say if we have WP till 2006 and HSMP is rejected.Do we have to leave the country or can we continue with WP and stay in UK till 2002.

Will that effect our right to work or live in UK ? If it does'nt effect is this mentioned in the HSMP Guaidance etc or any of the Gov Websites if so can someone give the link.

Thanks in Advance.

sashi

Post by sashi » Mon Apr 19, 2004 11:26 am

Hi ND,
The WP is not affected in any way. Applying for HSMP does not invalidate the WP in anyway. I only that assylum seekers need to withdraw their application before they make an application for HSMP. Hope that helped.

ND
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Joined: Thu Feb 05, 2004 1:01 am

Post by ND » Mon Apr 19, 2004 11:37 am

Thanks sashi.Kaya can u give u'r openion on this.

kawasaki1
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Post by kawasaki1 » Mon Apr 19, 2004 4:18 pm

That is an interesting question.

Also, if one does get the HSMP approved, would the WP get invalidated? i.e. could someone get an HSMP approval letter and stay on the WP + WP entry clearance without having to switch to a 'shorter' 1 year visa.

Apologies if asked before, but I couln't find it anywhere.... :shock:

ND
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Posts: 310
Joined: Thu Feb 05, 2004 1:01 am

Post by ND » Mon Apr 19, 2004 4:30 pm

okay i think this question can be resolved only by persons who has changed to HSMP from WP ...

Guyz ... can u pls share u'r experience ?

Kayalami
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Post by Kayalami » Mon Apr 19, 2004 4:46 pm

ND wrote:
Thanks sashi.Kaya can u give u'r openion on this.
concur with sashi - this is assuming you are still in the relevant WP employment. If you are not then the WP LTR stamp even if to 2006 is actually no longer valid and refusal in such a case would require you to leave the UK.

kawasaki wrote:
Also, if one does get the HSMP approved, would the WP get invalidated? i.e. could someone get an HSMP approval letter and stay on the WP + WP entry clearance without having to switch to a 'shorter' 1 year visa.
HSMP Team may or may not invalidate WP stamp - usually they will write something along the lines of 'this leave (HSMP) supercedes that on pg x'. If they don't then you would be on both HSMP and WP status but for immigration purposes your last grant of leave is what really matters - note my comments regarding WP validity being tied to ongoing employment with relevant sponsor.

Hope that helps your understanding

ND
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Posts: 310
Joined: Thu Feb 05, 2004 1:01 am

Post by ND » Mon Apr 19, 2004 4:51 pm

okay that means if we are still working for the same employer who sponsered wokr permit then even if the HSMP application is refused we can still continue working and livivng in uk ....

That is good news for me ...

Kayalami
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Post by Kayalami » Mon Apr 19, 2004 4:53 pm

okay that means if we are still working for the same employer who sponsered wokr permit then even if the HSMP application is refused we can still continue working and livivng in uk ....
correct
That is good news for me ...
pretty good insurance policy :) .

ND
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Posts: 310
Joined: Thu Feb 05, 2004 1:01 am

Post by ND » Mon Apr 19, 2004 4:59 pm

kaya i did'nt understand your reply to kawasaki1's question.

Does that mean that the person can stay in UK on 2 vsai status same time?

i.e HSMP & WP i dont think that is possible ?I think once HSMP is approved then WP is not valid anymore ?

kawasaki1
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Joined: Thu Apr 08, 2004 1:18 pm

Post by kawasaki1 » Mon Apr 19, 2004 4:59 pm

Kayalami wrote: HSMP Team may or may not invalidate WP stamp - usually they will write something along the lines of 'this leave (HSMP) supercedes that on pg x'. If they don't then you would be on both HSMP and WP status but for immigration purposes your last grant of leave is what really matters - note my comments regarding WP validity being tied to ongoing employment with relevant sponsor.

Hope that helps your understanding
So if you are still on WP entry clearance and still with that same employer when you get the HSMP letter, you are techincally not required to switch? Meaning, can one have an HSMP letter as backup in case they get fired from WP employment, allowing them to switch their visa straight after dismisal?

If true, another good insurance policy :)

Thanks!

ND
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Posts: 310
Joined: Thu Feb 05, 2004 1:01 am

Post by ND » Mon Apr 19, 2004 5:02 pm

I would be the happiest if we can do that ... :))

True its a good insurance policy

Kayalami
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Post by Kayalami » Mon Apr 19, 2004 5:09 pm

kawasaki wrote:
So if you are still on WP entry clearance and still with that same employer when you get the HSMP letter, you are techincally not required to switch? Meaning, can one have an HSMP letter as backup in case they get fired from WP employment, allowing them to switch their visa straight after dismisal?

If true, another good insurance policy
Correct as long as your WP is not invalidated by HSMP Team with the 'superceeding comment' and you remain with the same employer. My understanding is that the 'superceeding comment' is usually where the visa held before the switch to HSMP status is a student visa. Note that HSMP renewal is still subject to employment/ self employment in a designated occupation in the initial 12 months so it may not necessarily be a complete saviour pursuant to a sacking/ resignation. :wink: .

goodluck
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Post by goodluck » Tue May 11, 2004 11:23 am

Hi all,

According to Home office (In-Country team)
Latest Stamp always supercedes the old one whether or not it is mentioned in your passport.

Goodluck

axer
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Post by axer » Tue May 11, 2004 11:32 am

goodluck

Does it also mean that one may have WP issued e.g. Jule, 1 and then after receiving HSMP on the 1st of August just switch visa.

goodluck
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Post by goodluck » Tue May 11, 2004 11:46 am

>>Just Switch Visa
Once you get your HSMP approval letter you will have to get your passport stamped for HSMP.

Homeoffice database will display your current status as HSMP.

HSMP will supersede WORKPERMIT.

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