HSMP Extension

[maya239]

Hi ,
I am new to this forum. I have a different problem.Looking for your advice.

My Initial HSMP visa was stamped on Feb 19 2009 with two years validity(Expires on 18th Feb 2011). Due to marked conditions in Uk I postphoned my travel to UK.At the same time I got a reqirement from my current employer to travel to UK. I was asked to process for Tier 2 visa to travel from the company rather then using existing HSMP visa.

Tier 2 stamped on 25th March 2010 and I came to UK in April 2010.But the problem is when I arrived to UK on April 5th Immigration Officers at Port of Entry stamped on my HSMP visa rather than on Tier 2 visa and for my dependants, stamped on Tiers 2 visa(As they dont have HSMP depedant visa).

Now my questions are
1. Can I now use my HSMP visa for extension as this was stamped at port of entry?
2.What about my dependants?
3.If I am allowed to extend my HSMP,can I go for extension in Jan 2011(Completes 10 months only)?
4. For salary proof,can I show 2 months salary from India and 10 months from UK?
5.If HSMP extension rejected how many days I can stay here?

[alimohmand]

1. Can I now use my HSMP visa for extension as this was stamped at port of entry?

How can you say that your entry was given to you on your HSMP visa? as by stamping a visa page does not really means that you are granted a visa based on HSMP or Tier 2.

2.What about my dependants?

As you have mentioned your Dependent did not had HSMP depended visa which obviously means that she is not classed as HSMP dependent but as Tier 2 Dependent hence making your Tier 2 visa valid.

3.If I am allowed to extend my HSMP,can I go for extension in Jan 2011(Completes 10 months only)?

As long as you have the required earning you are fine for extension but again question comes to my initial query whether if you are granted entry as HSMP or Tier 2?


4. For salary proof,can I show 2 months salary from India and 10 months from UK?

To my understanding for extension you can only claim your UK earnings though for someone to clarify this for you.

5.If HSMP extension rejected how many days I can stay here?

Depending on the circumstances I guess you get 28 days before you can leave / appeal.

[maya239]

1. Can I now use my HSMP visa for extension as this was stamped at port of entry?

How can you say that your entry was given to you on your HSMP visa? as by stamping a visa page does not really means that you are granted a visa based on HSMP or Tier 2.

I have both visas now on my passport as valid visas to travel.Then how can I know on what bases my entry was granted.Where can I get this information.
2.What about my dependants?

As you have mentioned your Dependent did not had HSMP depended visa which obviously means that she is not classed as HSMP dependent but as Tier 2 Dependent hence making your Tier 2 visa valid.

3.If I am allowed to extend my HSMP,can I go for extension in Jan 2011(Completes 10 months only)?

As long as you have the required earning you are fine for extension but again question comes to my initial query whether if you are granted entry as HSMP or Tier 2?


4. For salary proof,can I show 2 months salary from India and 10 months from UK?

To my understanding for extension you can only claim your UK earnings though for someone to clarify this for you.

5.If HSMP extension rejected how many days I can stay here?

Depending on the circumstances I guess you get 28 days before you can leave / appeal.

[alimohmand]

what is your validity for your Tier 2 visa?

I am not too sure how can you find out whether if entry was granted based on your tier 2 or tier 1. Though best point of direction would be probably seeking information from Home Office :S

But be advised that your partner was given entry based on Tier 2 visa. Hence to my understanding to validate that visa you need to be probably on the same visa.

I can be wrong please seek information from seniors on this board.

[maya239]

Thank you very much for your information.

My visa details:
HSMP Visa Validity is still 18 Feb 2011
Tier 2 Visa Validity is 14/04/2011. Pls guide me how to proceed on this.

[alimohmand]

I would suggest apply for extension of your tier 1 visa once your visa is about to expire though your partner need to go back to India and re-apply as a dependent based on your tier 1 visa.

Please be advised this is my suggestion only do not take any steps which are irreversible I am not a professional. Best course of action would be seeking an advice from professional and moving forward.

Good Luck

[ukswus]

Hi ,
I am new to this forum. I have a different problem.Looking for your advice.

My Initial HSMP visa was stamped on Feb 19 2009 with two years validity(Expires on 18th Feb 2011). Due to marked conditions in Uk I postphoned my travel to UK.At the same time I got a reqirement from my current employer to travel to UK. I was asked to process for Tier 2 visa to travel from the company rather then using existing HSMP visa.

Tier 2 stamped on 25th March 2010 and I came to UK in April 2010.But the problem is when I arrived to UK on April 5th Immigration Officers at Port of Entry stamped on my HSMP visa rather than on Tier 2 visa and for my dependants, stamped on Tiers 2 visa(As they dont have HSMP depedant visa).

Now my questions are
1. Can I now use my HSMP visa for extension as this was stamped at port of entry?
2.What about my dependants?
3.If I am allowed to extend my HSMP,can I go for extension in Jan 2011(Completes 10 months only)?
4. For salary proof,can I show 2 months salary from India and 10 months from UK?
5.If HSMP extension rejected how many days I can stay here?

I am pretty sure that your Tier 2 visa invalidated your HSMP. But seek Home Office opinion on this.

Moreover, do not attempt to get extension of your HSMP without clearly stating to the HO that you have both HSMP and Tier 2. Otherwise, you may risk being accused of concealing the truth about your current visa status, and given possible ban.

[geriatrix]

AFAIK, the thumb rule is that the EC vignette that is stamped on arrival at a UK landing port is the immigration category that you enter UK with.

An applicant may hold more than one valid entry clearance, for example a regular traveller already holding a longer period multiple visit visa can be issued with a visa for another purpose. When issuing a second visa, the applicant should be advised to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK.

This was published on the UKVisas website until recently but it seems it has been taken off (can't find it anymore). So do check with UKBA whether your other EC is (still) valid or not.


regards

[geriatrix]

ECB10.5 (quote above) has been replaced with this new instruction:

It is not possible to hold more than one visa or entry clearance. If your circumstances change you should always inform the Home Office before you leave the UK so that your permission to stay can be curtailed. Once your permission to stay has been curtailed you will be able to apply for a new visa overseas.

regards

[aruni4470]

Is this of any relevance?

13. Is there a limit to the number of student visas/tourist visas/work permits etc. that an individual may hold?

There is no limit and an applicant may hold more than one valid entry clearance, eg a regular traveler already holding a two or five year multiple visit visa can be issued with an entry clearance for a short term work permit.
Each application is treated individually.


http://www.publications.parliament.uk/p ... 60we04.htm

[geriatrix]

The written evidence you have quoted from is dated December 2007, when ECB10.5 existed.

ECB10.5 was taken off from UKVisas website only recently. So perhaps a recent change in rules - that is now reflected in the new instruction.


regards

[aruni4470]

The written evidence you have quoted from is dated December 2007, when ECB10.5 existed.

ECB10.5 was taken off from UKVisas website only recently. So perhaps a recent change in rules - that is now reflected in the new instruction.


regards

Oh I missed the date on the written evidence. Thanks for pointing it out!!