Fight a war with Home Office for HSMP Refund

[smartwave]

Hi Everyone

I am now fighting a war against my HSMP Extension Refund.

I got my initial HSMP VISA(HSMP LTR) on 24/01/2005. It expired on 24/01/2006
I got my 1st Extension VISA(HSMP LTR) on 24/11/2006. It expired on 24/01/2009
I got my 2nd Extension VISA(T1 Gateway LTR) on 22/12/2008. It expires on 24/01/2012

Then thanks to the HSMP Forum JR, I got my ILR on 22/06/2009.

Now more than 3 months past, I haven't received the refund of my 2nd extension.

I wrote a letter a HO on 2Oct2009, asking for refund. Today I received a letter back saying I am not qualified for a refund.

I quote what HO says below:

Concerning the award of refunds - to qualify you have to have served 4 years from the date of your initial award in the HSMP category, your initial award date is 24/01/2005.

Four years from the date of 24/01/2005, is 24/01/2009.

If you would have been granted an extension of leave to remain in the category of 'HSMP' or 'T1 gateway' category after the date of 24/01/2009, you would have been due a refund.

Our records show that you have not had an extension of leave to remain past the date of 24/01/2009, therefore you are not due or qualify for a refund.




the problem is, I had to apply my 2nd extension before 24/01/2009 otherwise I will be a overstayer.

Can anybody please let me know if I am qualify for a refund?

The war against HO will continue. I will update.


TA

[Filipinas]

Smartwave,

Reading on your post, you've been backdated as of 22.06.09- meaning your qualifying year started 22.06.2005- that only means that you landed in the UK nearly 5 months after your approval. Then the 2nd extension would have been necessary for you to be able to stay here legally. In effect, the 2nd extension is needed to cover you from 25.01.2009 until 22.06.09- thus you are not eligible for the refund.

My family and I fell on the same case as yours, luckily, the PEO officer managed to explain it properly thus making it sensible- although personally unacceptable--- as I've said on my previous post on the matter- IF ONLY to pay us back for the hassle that they did for making us submit unnecessary extra papers and requirements (NARIC-IELTS- etc.).

Hope I managed to explain it.

Filipinas

[smartwave]

Smartwave,

Reading on your post, you've been backdated as of 22.06.09- meaning your qualifying year started 22.06.2005- that only means that you landed in the UK nearly 5 months after your approval. Then the 2nd extension would have been necessary for you to be able to stay here legally. In effect, the 2nd extension is needed to cover you from 25.01.2009 until 22.06.09- thus you are not eligible for the refund.

My family and I fell on the same case as yours, luckily, the PEO officer managed to explain it properly thus making it sensible- although personally unacceptable--- as I've said on my previous post on the matter- IF ONLY to pay us back for the hassle that they did for making us submit unnecessary extra papers and requirements (NARIC-IELTS- etc.).

Hope I managed to explain it.

Filipinas

Hi, thanks for your reply. I applied the initial HSMP in country(in the UK)

Before I applied the initial HSMP, I was in the UK as a student.

My ILR was issued on 22 June2009 but it was back dated to 24Jan2009.

So I belive I am eligible for a refund.

[Filipinas]

Yeah, with the new info you've given - you indeed qualify for a refund. Hope you'd be able to contact them and be able to point this out.you may even demand for an explanation regarding the matter. They might have just overlooked the fact that you were here in the first place, well prior your application thus your start date of 24.01.2005 should have immediately been counted in... or just a big HUMAN ERROR on the one who handled your case.

Wish you good luck- hope you get the refund.

Filipinas

[bani]

hi smartwave,

they made a mistake. i would write the person that signed your letter and explain the situation. frankly, that is the most stupid letter i've read from the refund team.

on the plus side, there are people who got their refund after writing the team/caseworker because of similar mistakes.

when you write them, state the dates of your first and second extension, and the date you would have been eligible for ILR. I wrote a similar letter when asking for the status of my refund and I wrote the ff. Hope it's helpful to you. Good luck!


"I would not have needed this second extension had I been allowed ILR after four years. I was eligible to apply for ILR on _____ (28 days before I completed four years in the UK) and my first HSMP extension was still valid until ______.

Under UKBA policy on your website, which I quote below, I am entitled to this refund.
http://www.ukba.homeoffice.gov.uk/worki ... residence/
"If your application for settlement is successful, you will also receive a one-off payment to cover the cost of your second extension application, which would not have otherwise been required. We will make the one-off payment by cheque to the person listed as the main applicant in the second extension application. This cheque will be sent separately, not with your grant of settlement, and you do not need to take any action to request the payment - we will take the necessary action to generate it."

[smartwave]

A 2nd letter has been sent to the PEO officer in Birmingham. Let's see what he says.