HSMP judicial review--2nd Extension

ashishashah · Post by **ashishashah** » Wed Sep 07, 2011 1:28 pm

Hello,

My history:

I received my 1st Letter of approval in June 2006.
Received HSMP stamp in Nov 2006.
Applied for incountry extension in Nov 2008 ,got extentions for 3 years

Now i need to apply for 2nd extension (Since i was out of country for 1 year ..I just came back to UK in Aug and now i am working)

Question:Can i apply again using HMP JR form?
I am aware that the normal answer is yes..But i just now called up PEO 0870 606 7766 and she was sure that i cannot reuse the HMP(FLR) form as i have already used up the extension once..
I even pointed to the FAQ under the page which says that i can go on extending ,but she just refused to listen..
I am worried that my application might be refused because of lack of awareness on case worker behalf..

I am planning to apply personally ,but not sure if they are willing to extend or not

ANy one who has extended TWICE under HSMP Hudgement review?

Post by **geriatrix** » Wed Sep 07, 2011 1:39 pm

There is no law that states that one cannot apply for HSMP / Tier 1 (General) extension more than once.

ashishashah · Post by **ashishashah** » Wed Sep 07, 2011 1:54 pm

I know.
----------------------
Here is the transcript

I obtained HSMP leave under the old arrangements and currently hold a grant of leave that will take me to the settlement threshold. How am I affected? Close As you will be able to apply for settlement once you reach the threshold you are, in practical terms, unaffected by the judgment. However, if for whatever reason, you do not wish to apply for settlement, you will be able to apply for another grant of leave under the terms of the special policy.

----

The lady was adamant that i cannot use HSMP High court judgement as i have used it already..I now need to apply under Tier 1 and qualify under points system.
(When i got my 1st extension, my visa had TIER1 written on it and not HSMP)

Post by **geriatrix** » Wed Sep 07, 2011 1:54 pm

ashishashah wrote:Hello,

Would any one know address for IN PERSON application..
I just want to make sure that my extension is succesfull and would like to go for PERSONAL appointment

Ashish

Post by **geriatrix** » Wed Sep 07, 2011 1:55 pm

ashishashah wrote:Would any one know address for IN PERSON application..

Apply in person

But you cannot apply in person for extension under HSMP JR.

Post by **geriatrix** » Wed Sep 07, 2011 1:58 pm

My two cents:

What your current visa states - Tier 1 (General) or HSMP - is irrelevant.

If you applied for HSMP before 07-Nov-06, you are covered by HSMP JR - no matter what! And therefore, you may apply for extension (as many times, unless a law comes into force that puts a restriction on number of extensions) under the old rules.

ashishashah · Post by **ashishashah** » Wed Sep 07, 2011 1:58 pm

Hmm..So i cannot apply IN PERSON for HSMP extension..
I am sure that my application would be considered under TIER1 extension becuase of lack of knowldege/will..

I am very concerned..It is clearly mentioned that i can apply under HSMP JR for n no. of times,but they dont follow that rule:(

ashishashah · Post by **ashishashah** » Wed Sep 07, 2011 2:03 pm

sushdmehta :We were posting at the same time:

I know that we all are aware of the rules which are clear .Problem is that case worker dont follow that /use their own discretion ..

Is there any thing which i need to include in my appn?I am going to attach print outs from the UKBA website and also the HSMP form judgement...
I think i have a lomng battle ahead..Will keep you posted..

Post by **geriatrix** » Wed Sep 07, 2011 2:03 pm

ashishashah wrote:Problem is that case worker dont follow that /use their own discretion ..

That may be an assumption you are making. The advice you have received is not from a caseworker!

Do remember that "contact centre staff answering phone calls" are different from "case workers" and, between the two, knowledge and understanding of immigration rules and policies differs (the latter being more competent than the former).

ashishashah · Post by **ashishashah** » Wed Sep 07, 2011 2:21 pm

sushdmehta :Thanks for calming my nerves ..

keeping my fingers crossed

ashishashah · Post by **ashishashah** » Fri Sep 09, 2011 9:29 am

Hello,

Just to add some information :

I just came back to UK (2 months back).I am now working.
Basically , we need NOT earn ANY points for extension ,isnt it?

I saw the form for FLR(HSMP) and it says only to prove just economic activity I hope i am right..

So if i attache job offer,payslips and bank statement would that work?

I am aware that the form says so just reconforming as it sounds very simple!!!

goldfish · Post by **goldfish** » Fri Sep 09, 2011 1:33 pm

I think technically you only need to show "economic activity" rather than a specified earnings level. However, we can make the decision as easy as possible for caseworkers.

When I applied for my second HSMP extension earlier this year, I used the same evidence of earnings as if I had been applying for a Tier 1 extension e.g. two forms of evidence, documents from the list in the guidance notes, ... I also showed the same salary as if I was applying for a Tier 1 extension, even though this wasn't technically required.

You might not be able to show the equivalent earnings in your situation but the more similar your application is to the current rules, the easier it is for the caseworker.

This is not official guidance, it's my personal view.

(And my extension was approved in less than 2 weeks.)

ashishashah · Post by **ashishashah** » Fri Sep 09, 2011 3:08 pm

Thanks goldfish..I agree with 'economic activity ' part .Need to provide all kinds of supporting docs..

But do i need to provide my qualification letter,age certification etc.?
I guess(hope) the answer would be NO as HSMP JR form only asks for economic activity (payslip,bank statatement,offer letter etc)..

So i guess(hope) that i need NOT provide any proof for :
a)Qualification
b)Age
c)UK Experience
d)Maintenance fund
e)Eng lauguage

Is my above understanding correct?

It is just that the HSMP JR form is quite straighforward -almost too simple to be true ,and i want to make sure that i am not missing any thing obvious!!!

So apologies for any naive questions!!!

ashishashah · Post by **ashishashah** » Thu Sep 22, 2011 12:05 pm

Hello,

I have a question about application date:

My HSMP visa is expiring on 26th Nov 2011..
1) Ideally I should be applying in 1st week of NOV (It would also help that my oct salary would be reflected in that)
2)However,just in case my HSMP visa is rejected for some reason(as per my knowledge it shouldnt,but knowing HO i dont want to take a chance) ,I should have some time to appeal. So applying in 1st week of OCT would make sense .Anyways I dont need to show any salary/funds for my application as i am covered by HSMP High court judgement..

What do you feel..Should i follow point 1 or point 2?

Ashish

Post by **geriatrix** » Thu Sep 22, 2011 12:09 pm

If you apply early and a decision (refusal) is reached before your current leave expires, then you will not be given the right to appeal.

"Applying early" doesn't lead to "I'll have some time to appeal". Time to appeal is a constant 10 working days .... if given the right to appeal.

ashishashah · Post by **ashishashah** » Thu Sep 22, 2011 12:44 pm

Thanks sushdmehta...

So how does one get a right to appeal?

In my case ,i believe ONLY if the case worker misinterprets the rules about HSMP High court judgement then my extension would be rejected..Else HSMP JR form and application is quite straight forward and requires no points qualification.

So as per you ,even if i apply "early" i wont have right to appeal?Even if the case worker might have made mistake?
Who decides about right to appeal ?
Sorry for some naive questions,but this is very criticial junction of my life and I need to be very careful about my next steps..
Thanks again

Post by **geriatrix** » Thu Sep 22, 2011 12:53 pm

The right of appeal is granted on the basis of "when" a decision (to refuse) on a valid application is made.

If a decision to refuse is made on a date that you have valid leave remaining, you will not be granted the right of appeal. If a decision to refuse is made on a date that your leave has expired, then you will be given the right to appeal.

It is the law that decides when an applicant may be entitled to a right of appeal.

Post by **geriatrix** » Thu Sep 22, 2011 1:52 pm

To add to that ...

If a decision to refuse is made on a date that you still have valid leave remaining and you (later) discover that the refusal was due to an error of judgement of the caseworker, it will be unfortunate (nothing but bad luck) .... but you will still not be able to appeal (because no right granted). You may have other legal recourse to challenge the wrongful decision but to explore any such option you'll need professional legal advice.

ashishashah · Post by **ashishashah** » Thu Sep 22, 2011 2:22 pm

Thanks Sush..

I have done some research on this and found that i can go for

"administrative review" and not "appeal"..
http://www.ukba.homeoffice.gov.uk/custo ... ve-review/.

However it says that
If you are already in the UK, you cannot apply for an administrative review.

I am kinda confused..Is admin review not for me?

Post by **geriatrix** » Thu Sep 22, 2011 2:24 pm

The answer to your query is given in the last sentence at the end of the Administrative review section of the webpage you have quoted.

If you are already in the UK, you cannot apply for an administrative review.

ashishashah · Post by **ashishashah** » Mon Sep 26, 2011 3:46 pm

Right,

I called up the call centre to confirm the details..
I was told that i need to show that i was working before i left the country and started working after I returned..
However,I was out of country for more then 18 months...So my last employement was in Jan 2010 (when i left UK)
I came back in June 11 and got a job in Aug 11

Now i have 2 options
1)Just show my economic activity/job in last 3 months with all supporting docs such as offer letter,sal slips,bank statement

2)Include in the application that I was working BEFORE i left the country (in JAn 2010) and supply sal slips/bank st etc..However ,I was out of country for 18 months,so this point might backfire..

Could any one advise which options shd. I take?
Sorry for asking so many questions,but I have looked in the forum and my case does seem to be unique

ashishashah · Post by **ashishashah** » Wed Sep 28, 2011 4:43 pm

Hello,

I have now secured a Personal appoitment at Croydon...I have been warned that they would first validate my application if they can judge it or not on the same day...I have said YES for it.

So the info. on the website about PEO is not correct (atleast they are giving an appoitment)

ashishashah · Post by **ashishashah** » Thu Oct 13, 2011 3:39 pm

Hello,

I have an PEO appoinment on 9th Nov 2011.
My history:

I received my 1st Letter of approval in June 2006.
Received HSMP stamp in Nov 2006.
Applied for incountry extension in Nov 2008 ,got extentions for 3 years.Valid till Nov 2011

I was out of country from Jan 2010 to June 2011..
Came back in June 2011,found a job in aug 2011 and working since then..

Now i need to apply for 2nd extension .I am applying under HSMP judicial review about extension of stay.

My questions:

1)I was out of country for so long (Jan 2010 to June 2011)..Will that be a problem?The form says that you need to
be 'economically active' or show proof of interviews for LAST 12 MONTHS..I have interview letters from June 2011 and job from Aug 2011..BUT that only covers last 5 months..Will that be an issue?

2)What happens if they reject visa?Do they put a stamp on passport?Do they give you a letter?

Thanks
Ashish

IG Associates · Post by **IG Associates** » Thu Oct 13, 2011 4:11 pm

You should be fine provided you represent your case carefully.

Points to note:
1. You are covered by JR policy
2. You should get sufficient leave to qualify you for ILR
3. Staying outside UK does not affect extension application under HSMP JR.
4. The only requirement is to be economically active.

All the best with your application.

Rizwan

ashishashah · Post by **ashishashah** » Thu Oct 20, 2011 5:35 pm

Hello,

I am in a dilema about what ALL to inclde in cover letter..
Following is my cover letter which "spoon feeds" the case worker about policy/rules etc..
Do you guys think that i am "teaching" case worker and he might take it as negative?I just want to make sure that case worker is aware of all HSMP JR rules.hence this LONG cover letter ..

Please let me know what you guys think?

-------------------------------------------
Dear Sir / Madam,

I qualified under HSMP back in June 2006. Please find my FLR Tier-1 (HSMP) extension application attached herewith for further leave to remain.

1. FLR â€“Tier 1(HSMP) application form duly filled up.
2. Original HSMP approval letter dated 28th June 2006.This is supplied to confirm that I fall under HSMP judicial review for extension.
3. HSMP judicial review :policy document which is downloaded from home office website :

http://www.ukba.homeoffice.gov.uk/sitec ... ngintheuk/
hsmpjudicialreview.pdf

I fall under point 12 (page 2 ) mentioned in the judgment.

4. Process to be followed for FLR for people falling under HSMP Judicial review.
This is downloaded from UK home office website :
http://www.ukba.homeoffice.gov.uk/visas ... ionofstay/
5. Last 3 months /5 years pay slips (From Aug 2011 to November 2011) as proof of my economic activity.
6. Bank statement from Jan 2007 to Nov 2011/ Last 12 months with salary credit transaction highlighted. (From Aug 2011 to November 2011).
7. Invitation letters for Interview from June 2011 as proof of my economic activity(this is as per FLR Tier 1 (HSMP) guidance notes page 6 â€“Paragraph 12).
8. FLR-Tier1 (HSMP) Guidance Notes.This guidance notes have been used to fill up the form.
9. Marriage certificate.
10. Daughterâ€™s birth certificate.
11. 5 passports in total â€“ 3 are new with the HSMP Entry Clearance (2 are expired passports for your reference and records).
12. 2 Photographs each of my self and 2 dependents.

-------------------
Thanks
Ashish

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

HSMP judicial review--2nd Extension

HSMP judicial review--2nd Extension