3 weeks Gap in HSMP to Tier#1 Visa

shs213 · Post by **shs213** » Mon Apr 26, 2010 5:49 am

Hi All,

I will be applying for ILR in the next six weeks... Last night I noticed there's a three weeks visa gap in issuing the Tier#1 visa...

My HSMP Visa expired on 1/08/08 and the new TIER#1 visa is stamped on 23/08/08....

When I renewed my visa by POST i sent all my document in the last week of my visa but didn't overstay. HO is blamed for the three weeks gap if at all...

My question is, will this affect my ILR? I will be applying based on 5Y on WP+HSMP+Tier#1 - there's no other gaps in any of the other visas...

I know it's only three weeks and this may not matter - just wanted to check if this would be an issue...

Post by **geriatrix** » Mon Apr 26, 2010 7:43 am

If you applied for HSMP extension (Tier 1) in time (i.e.- your HSMP leave to enter/remain had not expired), then do not worry about the visa issue date on the new (Tier 1) leave to remain.

regards

shs213 · Post by **shs213** » Mon Apr 26, 2010 7:45 am

sushdmehta wrote:If you applied for HSMP extension (Tier 1) in time (i.e.- your HSMP leave to enter/remain had not expired), then do not worry about the visa issue date on the new (Tier 1) leave to remain.

regards

yes - I did apply in time by post....

thanks, the last thing i want at this stage is to hear there's a break in the visa and i need to do my 5 years all over again :d

amirbashir · Post by **amirbashir** » Wed Apr 28, 2010 8:40 pm

shs213 wrote:Hi All,

I will be applying for ILR in the next six weeks... Last night I noticed there's a three weeks visa gap in issuing the Tier#1 visa...

My HSMP Visa expired on 1/08/08 and the new TIER#1 visa is stamped on 23/08/08....

When I renewed my visa by POST i sent all my document in the last week of my visa but didn't overstay. HO is blamed for the three weeks gap if at all...

My question is, will this affect my ILR? I will be applying based on 5Y on WP+HSMP+Tier#1 - there's no other gaps in any of the other visas...

No, it will not affect your case at all. If your application is on time, you are considered as legal on the visa of same category.

I know it's only three weeks and this may not matter - just wanted to check if this would be an issue...

nksg · Post by **nksg** » Tue May 04, 2010 11:29 am

I am in a similar situation as my HSMP expired on 08/01/2009 and new visa (T1) issued on 22/01/2009. I am going tomorrow and with me i am also taking acknowdgement letter stating extention application was filed in December 2008. I am sure this will work as you status is not changed while application is in progress... will let post the outcome in few days time.

shs213 wrote:Hi All,

I will be applying for ILR in the next six weeks... Last night I noticed there's a three weeks visa gap in issuing the Tier#1 visa...

My HSMP Visa expired on 1/08/08 and the new TIER#1 visa is stamped on 23/08/08....

When I renewed my visa by POST i sent all my document in the last week of my visa but didn't overstay. HO is blamed for the three weeks gap if at all...

My question is, will this affect my ILR? I will be applying based on 5Y on WP+HSMP+Tier#1 - there's no other gaps in any of the other visas...

I know it's only three weeks and this may not matter - just wanted to check if this would be an issue...

Post by **geriatrix** » Tue May 04, 2010 2:36 pm

Will not be a problem (personal experience).

regards

shs213 · Post by **shs213** » Tue May 04, 2010 3:02 pm

sushdmehta wrote:Will not be a problem (personal experience).

regards

did you have to produce any document or it doesn't even come up?

Post by **geriatrix** » Tue May 04, 2010 3:14 pm

Never came up as issue, because it isn't.

All that matters is that one submits an in-time FLR application. Issue date of the new leave is therefore irrelevant.

regards

ramsilr77 · Post by **ramsilr77** » Tue May 04, 2010 4:58 pm

I had a similar problem , but bit different.

my hsmp was due to expire on 24/09/2009 I have submitted my Tier1 application on 21/09/2009(before my visa expired) but that application was returned back to me on 12th of October(my visa expired) due to incorrect photo format ,I then resubmitted application on 18/10/2009 and my Tier 1 was approved but recently I have applied for ILR but they refused my application stating I couldnt produce valid Tier 1 before my hsmp expires.

so these sort of cases dont apply through post , go in person and explain it properly with acknowledgement , I dont know the solution to my problem yet , just for a petty mistake I did I need to pay for it.

Regards
Venkat

Post by **geriatrix** » Tue May 04, 2010 6:22 pm

ramsilr77 wrote:I had a similar problem , but bit different.

my hsmp was due to expire on 24/09/2009 I have submitted my Tier1 application on 21/09/2009(before my visa expired) but that application was returned back to me on 12th of October(my visa expired) due to incorrect photo format ,I then resubmitted application on 18/10/2009 and my Tier 1 was approved but recently I have applied for ILR but they refused my application stating I couldnt produce valid Tier 1 before my hsmp expires.

so these sort of cases dont apply through post , go in person and explain it properly with acknowledgement , I dont know the solution to my problem yet , just for a petty mistake I did I need to pay for it.

Regards
Venkat

Your FLR application cannot be considered an in-time application as it was deemed invalid (not once but twice, as per your earlier post).

There is no similarity, whatsoever, between OP's case and yours - unless OP can confirm that his application was also returned and the application on which his leave was granted was made/submitted after his current leave had expired.

regards

senthil78 · Post by **senthil78** » Tue May 04, 2010 6:51 pm

ramsilr77 wrote:I had a similar problem , but bit different.

my hsmp was due to expire on 24/09/2009 I have submitted my Tier1 application on 21/09/2009(before my visa expired) but that application was returned back to me on 12th of October(my visa expired) due to incorrect photo format ,I then resubmitted application on 18/10/2009 and my Tier 1 was approved but recently I have applied for ILR but they refused my application stating I couldnt produce valid Tier 1 before my hsmp expires.

so these sort of cases dont apply through post , go in person and explain it properly with acknowledgement , I dont know the solution to my problem yet , just for a petty mistake I did I need to pay for it.

Regards
Venkat

Your case is different from shs213. Your visa was expired when you resubmitted your application which therefore you overstayed and had broken the residency. Did you explain the reason for your overstay when you applied your ILR? Did you apply by post or at PEO?

ramsilr77 · Post by **ramsilr77** » Tue May 04, 2010 8:15 pm

Hi,

I have posted my application not a personal appointment , ofcourse i couldnt able to put forward valid application before my current leave expires but my passport is with them only until 12/10/2009 , immediately on 18/10/2009 I have produced valid application , its just a human error my intention was not to over stay , I am in continous employment properly paying taxes for 5 years and my application is an extention of hsmp as Tier 1 , how come it will be considered as break in residency ? because of this petty error do I need to stay another 5 years or more to get the permenent residency? , this is not fair at all.

I came to know from one of my friend who got exactly similar situation got his ILR only difference is he applied in person.

Regards
Venkat

senthil78 · Post by **senthil78** » Tue May 04, 2010 8:34 pm

[quote="ramsilr77"]Hi,

I have posted my application not a personal appointment , ofcourse i couldnt able to put forward valid application before my current leave expires but my passport is with them only until 12/10/2009 , immediately on 18/10/2009 I have produced valid application , its just a human error my intention was not to over stay , I am in continous employment properly paying taxes for 5 years and my application is an extention of hsmp as Tier 1 , how come it will be considered as break in residency ? because of this petty error do I need to stay another 5 years or more to get the permenent residency? , this is not fair at all.

I came to know from one of my friend who got exactly similar situation got his ILR only difference is he applied in person.

Regards
Venkat[/quote

My question is, did you explain all in detail in the covering letter when you applied your ILR?

ramsilr77 · Post by **ramsilr77** » Tue May 04, 2010 9:10 pm

hi,

no i didnt it , when i applied ILR i didnt think this is going to be a problem.

This is the acutal refusal reason they mentioned:

In view of the fact that you had leave to remain under HSMP that expired on 24 September 2009 and that you did not make a valid application for leave under Tier1 until 19 October 2009, the secretary of state is not satisfied that you have spent a continuos period of 5 years in the UK in this capacity.

You are not entitled to appeal this decision, section 82 of the Nationality immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here.

you still have leave to remain where your current conditions contibue to apply until 10 November 2012, please ensure that you understand the conditions of your stay

Regards
Venkat

senthil78 · Post by **senthil78** » Tue May 04, 2010 9:31 pm

ramsilr77 wrote:hi,

no i didnt it , when i applied ILR i didnt think this is going to be a problem.

This is the acutal refusal reason they mentioned:

In view of the fact that you had leave to remain under HSMP that expired on 24 September 2009 and that you did not make a valid application for leave under Tier1 until 19 October 2009, the secretary of state is not satisfied that you have spent a continuos period of 5 years in the UK in this capacity.

You are not entitled to appeal this decision, section 82 of the Nationality immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the united kingdom and so is entitled to stay here.

you still have leave to remain where your current conditions contibue to apply until 10 November 2012, please ensure that you understand the conditions of your stay

Regards
Venkat

I thought that, That's why your application was refused. How the case worker will know your issue if haven't explained. Yes, you won't be allowed to appeal against this decision if you have valid leave to remain. You should have applied with proper covering letter and evidence. I had more than 1 month gap in my visa due to my employer. My employer applied after my visa was expired almost after a month. The application was returned due to the fee issue. Then resubmitted. Almost it took 6 months to get my visa stamped. If I would haven't explained I would haven't got my ILR.

Immigrationboards.com: Immigration, work visa and work permit discussion board

3 weeks Gap in HSMP to Tier#1 Visa