Urgent advice on Tier 1 General/HSMP extension

[namboos74]

Dear Sir/Madam,

I have got some queries in the wake of new immigration changes announced in April 2011.

Iam currently living and working in the United Kingdom.

I have obtained HSMP approval letter on 21/07/2006 and subsequently granted visa from 10/08/2006 to 10/08/2008.

I have applied for Tier 1(General) for further leave to remain and an extension of visa was granted under Tier 1 (General) from 02/09/2008 to 21/08/2011.

The extension was given under the extension criteria existed for HSMP letter holders before 05/12/2006 in accordance the high court judgement on 08/04/2008.

Meanwhile I took sabbatical leave from my job and went to Australia to work for 10 months to improve my skills. The decision was mine and went on an unpaid leave.

So I was out of country from 12/03/2009 to 24/01/2010. I came back to the United Kingdom to continue work for the same employer as my job was permanent.


Now I am due for an extension of visa from 21/08/2011. Kindly guide me with following queries.

1. Should I apply for visa extension under Tier 1 (General) or FLR Tier 1 (HSMP) ?

2. Am I covered by the HSMP Judicial Review policy document dated 09/07/2008 in line with the HSMP High Court judgement of 8th April 2008 for extension of Tier 1 (General) limited leave to remain?

Is there any one in the same situation?

Kindly advice me at the earliest please.

Many thanks and regards,

Nambi

[geriatrix]

1. FLR Tier 1 (HSMP).
2. Yes.

[namboos74]

Dear Mr Sushdmehta,

Thanks for the valuable guidance.

I do believe that I should apply through FLR Tier 1 HSMP.

I have recently called Home Office on this same issue. Their advice is to apply through Tier 1 General- Point based system rather than judicial review.

I have checked the Immigration rules under policy and guidance heading in UKBA website. They have removed secttion 135D,135E,135F which deals with visa extensions for Highly Skilled Migrants.

What does that mean?

Have they completely removed the provision to extend the visa under HSMP?

Are they asking to apply under tier 1 General visa proving all the attributes before 6 April 2010?

Is Biometric features recording required for extensions under FLR Tier 1 HSMP?

Kindly help.

Many thanks and warm regards,
Nambi

[geriatrix]

PBS does not apply to migrants covered by HSMP JR. I don't see any option in the PBS application form for such migrants to select "assessment not be done under PBS", hence I cannot imagine why UKBA would suggest that you use the PBS application form to apply.

FLR Tier 1 (HSMP) form is still a specified form, last updated on 08-Apr-11 ... therefore valid for use.

Is Biometric features recording required for extensions under FLR Tier 1 HSMP?

AFAIK, no.

[HsmpFlr3]

Namboos74,
I was exactly in your same position (HSMP covered by JR/extended once). I wanted to extend second time (because of 2 months shortage for ILR) and i used the FLR Tier 1(HSMP) form dated April 2011.
The good news (at least from your perspective is) i submitted it personally in Croydon PEO and they accepted the form. The bad news (for me was) they have not still approved the visa and it has been a while now (which makes me believe they are going to reject it for some reason).
I thought my case was uncomplicated (first extension was received in a matter of 5 days) and the case worker was happy with my documents.But dont know what immigration offence i committed that she said she cant clear it on the day and must be done from sheffield office - still waiting. (I cant honestly remember any offence that i have made).

But each case is individual and you shouldnt worry about the problem with my case. Hopefully yours will get approved quickly.

And yes - i had to give my biometrics.

[namboos74]

Dear HsmpFlr3,

Thanks for sharing your experience. Hope your visa is approved soon.

It gives me a clear idea to which form i should be using for my FLR.
Is there any limit of number of extension you can apply?
How long a vis extension will be given under FLR Tier1 HSMP application?

Regards,
Nambi

[namboos74]

Dear Mr Sushdmehta,

Thanks once again for your valuable advice.

Regards,
Nambi

[goldfish]

PBS does not apply to migrants covered by HSMP JR. I don't see any option in the PBS application form for such migrants to select "assessment not be done under PBS", hence I cannot imagine why UKBA would suggest that you use the PBS application form to apply.

FLR Tier 1 (HSMP) form is still a specified form, last updated on 08-Apr-11 ... therefore valid for use.

Is Biometric features recording required for extensions under FLR Tier 1 HSMP?

AFAIK, no.

I extended my HSMP visa earlier this year (i.e. pre-judicial review) and biometrics were taken. But the visa issued was a vignette in my passport, not a BRP.

[namboos74]

Dear All,

The Home office Contact centre people again adviced me to apply through Tier 1 General since I had one extension already under HSMP rules(2+3 years). They claim FLR Tier 1(HSMP) is for people unde HSMP leave. Still confusing?

Regards,
Nambi

[HsmpFlr3]

Huh - they keep saying different things.
The HSMP Forum Judicial Review (extension of stay) webpage in the UKBA website has the judicial review policy statement - and to quote from that:
--Begin Quote--
Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.If an applicant meets these requirements we will grant them:
a.Three years’ leave; or
b.Enough leave to enable the applicant to complete the qualifying period for settlement,whichever is the greater.
Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.
--End Quote--
I applied in the FLR Tier 1 (HSMP) form only 20 days ago- and my application was approved last week. But to add to confusion the approval letter says its Tier 1 (General) under PBS (i never quoted any points) and its for 2 years rather than 3 years...

Every one seems to be receiving different answers.
But i do think technically from the policy documents and the form in the site, you should be able to apply - but i understand ur position - its a bit anxious to get the forms right. Thankfully i didnt even ask them if it was right to ask the form and used it since i thought it was correct:-)

Good luck..

[Sushil-ACCA]

Huh - they keep saying different things.
The HSMP Forum Judicial Review (extension of stay) webpage in the UKBA website has the judicial review policy statement - and to quote from that:
--Begin Quote--
Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.If an applicant meets these requirements we will grant them:
a.Three years’ leave; or
b.Enough leave to enable the applicant to complete the qualifying period for settlement,whichever is the greater.
Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.
--End Quote--
I applied in the FLR Tier 1 (HSMP) form only 20 days ago- and my application was approved last week. But to add to confusion the approval letter says its Tier 1 (General) under PBS (i never quoted any points) and its for 2 years rather than 3 years...

Every one seems to be receiving different answers.
But i do think technically from the policy documents and the form in the site, you should be able to apply - but i understand ur position - its a bit anxious to get the forms right. Thankfully i didnt even ask them if it was right to ask the form and used it since i thought it was correct:-)

Good luck..

the above is benchmark answer for all hsmp jr extn (90% ) cases.

[RK1980]

Hi Namboos74,

Any luck with your applications? I'm also thinking of applying for extension very soon and don't know about the application that i need to choose (HSMP Jr, Entered before Nov 2006)

Best Regards,
RK1980

Huh - they keep saying different things.
The HSMP Forum Judicial Review (extension of stay) webpage in the UKBA website has the judicial review policy statement - and to quote from that:
--Begin Quote--
Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future
8.The requirements for an extension of stay will be those that were in place before 7 November 2006.
9.If an applicant meets these requirements we will grant them:
a.Three years’ leave; or
b.Enough leave to enable the applicant to complete the qualifying period for settlement,whichever is the greater.
Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.
--End Quote--
I applied in the FLR Tier 1 (HSMP) form only 20 days ago- and my application was approved last week. But to add to confusion the approval letter says its Tier 1 (General) under PBS (i never quoted any points) and its for 2 years rather than 3 years...

Every one seems to be receiving different answers.
But i do think technically from the policy documents and the form in the site, you should be able to apply - but i understand ur position - its a bit anxious to get the forms right. Thankfully i didnt even ask them if it was right to ask the form and used it since i thought it was correct:-)

Good luck..

the above is benchmark answer for all hsmp jr extn (90% ) cases.

[RK1980]

Hi Namboos 74,

I've got a different email reply from the Home Office.

"As you applied to HSMP between 3rd April 2006 and 7th November 2006,If you wish to extend your leave further, you need to use "FLR Tier 1(HSMP) "
"However the lenght of Visa will be at the discretion of the case worker"

Best Regards,
RK1980

Dear All,

The Home office Contact centre people again adviced me to apply through Tier 1 General since I had one extension already under HSMP rules(2+3 years). They claim FLR Tier 1(HSMP) is for people unde HSMP leave. Still confusing?

Regards,
Nambi

[namboos74]

Dear RK1980,

Its a good news that Home Office people have replied positively to you.
Anyway I have applied through FLR Tier 1(HSMP) last week.
They have debited my bank account for the fees yet not recieved any acknowledgement.

Hope it all proceed in a positive way.

Regards,

Nambi

[namboos74]

@ RK1980,
Bye the way when did they send the reply email to you?
Regards,
Nambi

[RK1980]

Hi Namboos74,

I got it this afternoon (few hours back).

Thanks & Regards,
RK1980

@ RK1980,
Bye the way when did they send the reply email to you?
Regards,
Nambi

[rams007]

Hi namboos
i have applied for tier1(hsmp) extension on 5th july,HO has deducted the fee and i got acknowledgement letter,i have not received biometric letter.this is my 2nd extension.

intial hsmp: may 2006.
1st extension: july 2008
reason for 2nd extension: break in continous residence.

i understand that you have applied for your extension.please let us know the progress of your application

[namboos74]

Dear all,

Many thanks for valuable advice and kind support offered. I have received my passport today with visa extension for 3 years until August 2014. Didn't require Biometric details to be registered.
Once again many thanks.

Namboos