HSMP Judicial Review+Tier 1

[HSMP(Tier1)]

Dear Friends,

I got HSMP (2006-2008)+Tier1(2009-2013).
I request to all to refer HSMP Judicial review document and as per my view for extension in tier1 who are affacted by HSMP judicial review,their extesnion criteria may be same as they were in old HMSP before Nov.2006.

If so then may be no need for earning criteria.Please refer hsmp judicial review document,somewhere it is writtenthat they have same right as they have in before Nov.2006.
Please read and think about that also.may be I am wrong but if anyone have more knwoledge or experince faced then give your opinion please.

Thanks to all

[goldfish]

The UKBA's application of the judicial review is here:
http://www.ukba.homeoffice.gov.uk/sitec ... review.pdf

It states:

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.
...
12. Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.

(Note that you should read the whole guidance paper to see if the section above is applicable to you.)

I am in scope of the judicial review and recently applied for my 3rd HSMP / Tier 1 extension. I used the FLR (HSMP) form on the basis of statements in the guidance, and because the Tier 1 form only covers points-based applications (those in scope of the judicial review are subject to different criteria and the form does not cover our situation).

I will keep the forum updated on the results (two months and counting!) and if you can do the same that would be good. There are not many judicial review HSMPs still extending visas, most are ILR, so good to share experiences.

[HSMP(Tier1)]

The UKBA's application of the judicial review is here:
http://www.ukba.homeoffice.gov.uk/sitec ... review.pdf

It states:

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.
...
12. Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.

(Note that you should read the whole guidance paper to see if the section above is applicable to you.)

I am in scope of the judicial review and recently applied for my 3rd HSMP / Tier 1 extension. I used the FLR (HSMP) form on the basis of statements in the guidance, and because the Tier 1 form only covers points-based applications (those in scope of the judicial review are subject to different criteria and the form does not cover our situation).

I will keep the forum updated on the results (two months and counting!) and if you can do the same that would be good. There are not many judicial review HSMPs still extending visas, most are ILR, so good to share experiences.

Many Many Thanks Dear Friend,

Please share your views and as per my understanding who fall in hsmp judicial review,they do not need earning criteria or they can extend as per point 12.I fall in point 43 to 52 as per hsmp judicial review document.
If you are applying your third extension then i wish you provide me details for me also,I mean guidence because

my hsmp is (from Aug 2006- Aug 2008)-during visa i was in UK 2 times-( 3 months each period)
then got tier1 on base of HSMP judicial Review (2009-2013) came uk 2 times (3 months each)

all time i was economically active in uk.now if i come again to UK (as i am out of UK now) and if apply then what will be result and which form i have to fill (as you did extesnion 3rd time.,you may know better than me)
is income criteria applicable to me?
if i stay out side more time then can i get extension,i know that i cnat get ILR as i am not eligible.

sorry i write long but i think our situation is same may be your better than me.

please guide

thanks

[goldfish]

My situation is different from yours because I stayed in the UK. I originally received my HSMP in Jan/Feb 2006 while in the UK on a Working Holidaymaker (transfer in-country was allowed back then and initial visas were for one year) and extended under HSMP in Feb 2007 (extension was for 4 years because the ILR rules changed in the meantime).

I had an absence of > 90 days, returning to the UK in June 2010, so I am not eligible for ILR. I extended again in Feb 2011 on FLR (HSMP) and I have another (early) extension in progress. Assuming the extension is approved, I will be eligible for ILR before the extension expires.

I don't know which is the correct form for you to use. My interpretation of the JR guidance, FLR (HSMP) guidance, Tier 1 (General) guidance, and the contents of the Tier 1 (General) form, is that the FLR (HSMP) form should be used for those subject to the JR. The Tier 1 (General) Extension form only allows for a points-based application, which is not applicable for JR applicants. However, I do not know what the UKBA approach is. I will let you know when I have a decision on my extension, and please share any information you find too.

[HSMP(Tier1)]

My situation is different from yours because I stayed in the UK. I originally received my HSMP in Jan/Feb 2006 while in the UK on a Working Holidaymaker (transfer in-country was allowed back then and initial visas were for one year) and extended under HSMP in Feb 2007 (extension was for 4 years because the ILR rules changed in the meantime).

I had an absence of > 90 days, returning to the UK in June 2010, so I am not eligible for ILR. I extended again in Feb 2011 on FLR (HSMP) and I have another (early) extension in progress. Assuming the extension is approved, I will be eligible for ILR before the extension expires.

I don't know which is the correct form for you to use. My interpretation of the JR guidance, FLR (HSMP) guidance, Tier 1 (General) guidance, and the contents of the Tier 1 (General) form, is that the FLR (HSMP) form should be used for those subject to the JR. The Tier 1 (General) Extension form only allows for a points-based application, which is not applicable for JR applicants. However, I do not know what the UKBA approach is. I will let you know when I have a decision on my extension, and please share any information you find too.

Thanks for sharing some good information,

I think you will not face more problem and wish you get extension and ILR.

I want to just extend my visa and as I am in JR,as per my situation what is your opinion?will they extend then for how many years?
because in point base Tier1 may be I can get or may be not.

in first extension on base of HSMP JR+Tier 1 which from we have to fill,as I will be in UK within short period.

[HSMP(Tier1)]

My situation is different from yours because I stayed in the UK. I originally received my HSMP in Jan/Feb 2006 while in the UK on a Working Holidaymaker (transfer in-country was allowed back then and initial visas were for one year) and extended under HSMP in Feb 2007 (extension was for 4 years because the ILR rules changed in the meantime).

I had an absence of > 90 days, returning to the UK in June 2010, so I am not eligible for ILR. I extended again in Feb 2011 on FLR (HSMP) and I have another (early) extension in progress. Assuming the extension is approved, I will be eligible for ILR before the extension expires.

I don't know which is the correct form for you to use. My interpretation of the JR guidance, FLR (HSMP) guidance, Tier 1 (General) guidance, and the contents of the Tier 1 (General) form, is that the FLR (HSMP) form should be used for those subject to the JR. The Tier 1 (General) Extension form only allows for a points-based application, which is not applicable for JR applicants. However, I do not know what the UKBA approach is. I will let you know when I have a decision on my extension, and please share any information you find too.

Thanks for sharing some good information,

I think you will not face more problem and wish you get extension and ILR.

I want to just extend my visa and as I am in JR,as per my situation what is your opinion?will they extend then for how many years?
because in point base Tier1 may be I can get or may be not.

in first extension on base of HSMP JR+Tier 1 which from we have to fill,as I will be in UK within short period.

Dear Friends,

As per my knowledge,hsmp judicial reviw affected+ Tier1 visa holders,if they can not get point for extension,thay can apply for permit with whom they are working and for that employer do not need to do process of work pemit but they can directly apply for people who are falling in JR.

Please share your view and knowledge.

Thanks & regards

[HSMP(Tier1)]

Dear HSMP JR Friends,

Please advise...

my visa detail HSMP (2006 to 2008)+ Tier1(2009 to feb.2013)stay 1 year total (3 momths 4 different times).
Now out of UK now and will come in next month.

1) I see in website that after 6 April 2012 ,who are affected by HSMP JR and having Tier1 can apply for FLR,Please refer link

http://www.ukba.homeoffice.gov.uk/visas ... ionofstay/

As per hsmp application and guidence note,if I fall in HSMP JR and Tier 1 I have to apply under this and no earning criteria reuired menas it will be same as HSMP early extension...

(Please refer page 5 of guidence note and form as mentioned below)

SECTION 1: Introduction
1) Following the High Court Judgment of 8 April 2008, migrants who obtained leave to enter or remain based on a letter of approval issued under the HSMP criteria in place before the programme was suspended on 7 November 2006 should be considered against the extension criteria in place when they joined the programme. Provision has now been put in place for those who fall within this category. Under these provisions qualifying applicants will be considered against the published policy document on Highly Skilled Migrants of 9 July 2008 available on the UK Border Agency website. This document allows applications which fall under the remit of the judgment to be considered under the extension criteria as it stood prior to 7 November 2006.

Who can apply on form FLR Tier 1 (HSMP)
2) You should only use this application form if you were granted leave to enter or remain under the Highly Skilled Migrant Programme and submitted your initial application under HSMP prior to 7 November 2006 and are seeking to extend your leave within this category for a further period.

with refrence to my HSMP + Tier 1(base on HSMP JR) visa and I fall in all above both criteria ,please advise to fill which form because it depends on extesnion possibility

[goldfish]

Okay, I received my paperwork back today but.... we still won't know which is the correct form to use.

In the UKBA cover letter, they said they had made a mistake with my previous extension (in Feb 2011) and that they should have given a longer extension. So they said they were re-issuing the previous visa for the correct period rather than granting an extension. Good news that now I can go for ILR without another extension (and that they are refunding my £1000!) but unfortunately no answers for us on the correct form to use.

I am still convinced that the correct form is FLR (HSMP):
- The online points-based calculator re-directs to the HSMP section of the UKBA website as soon as you enter the JR dates
- The judicial review implementation document says the same criteria apply (i.e. NOT points-based) but the Tier 1 Extension form covers ONLY points-based applications. The only form that allows you to apply for an extension under the JR criteria is FLR (HSMP).
- The FLR (HSMP) and Tier 1 guidance notes suggest that FLR (HSMP) is the correct form to use (although the wording is not very clear)

If I was applying again I would include a cover letter stating which form you are using and why (including the JR policy document with relevant sections highlighted).

Good luck HSMP(Tier1), I hope you get your visa extended okay. Post when you have more info, there aren't many of us HSMP JR applicants left so we need to stick together

[goldfish]

Mods, any chance of making a sticky for JR HSMP Extensions? There aren't many of us left and our situation (e.g. forms, extension criteria, etc) are different from everyone else and I've noticed from my previous posts that often there aren't many responses, sometimes none at all. It would help keep all the JR HSMP info together in one place if we had a sticky.

[HSMP(Tier1)]

Mods, any chance of making a sticky for JR HSMP Extensions? There aren't many of us left and our situation (e.g. forms, extension criteria, etc) are different from everyone else and I've noticed from my previous posts that often there aren't many responses, sometimes none at all. It would help keep all the JR HSMP info together in one place if we had a sticky.

Dear Friend,

CONGRETULATION....for your positive reply from UK Visa office.I really happy that someone from us gettting good postive reply...

Please guide me in my above situation...give your experince input because as you said people like our situation are very less and I have HSMP(2006 to 2008) then left india and be back in 2009 to 2013 validity tier 1 visa (under HSMP JR and left UK again due to recesion now will come in UK in next month.
So what will be my chance if i fall in FLR(HSMP) for extesnion then ok but if same as tier 1 then no use of try but as mentioned in HSMP JR.as per my thinikng I will be fall in FLR(HSMP)

Please give your view.

Thanks & regards

[goldfish]

The way I see it, the key questions for you are:
- Are you in scope of the Judicial Review - Extension of Stay? Your situation is different from mine and I am not an immigration advisor. My only suggestion is to read the JR document carefully (I would also include an explanation in your cover letter of how you think the JR applies and a copy of the JR policy with the section relevant to you highlighted.)
- Do you meet the criteria for the type of extension applicable to you? And will you have documents to prove it? If your visa is valid until 2013 (when in 2013?) and you arrive in the UK within the next few weeks, potentially you have quite a long time to earn money, get UK bank statements, ... But again, only you would know your situation and what you could realistically earn.

[HSMP(Tier1)]

The way I see it, the key questions for you are:
- Are you in scope of the Judicial Review - Extension of Stay? Your situation is different from mine and I am not an immigration advisor. My only suggestion is to read the JR document carefully (I would also include an explanation in your cover letter of how you think the JR applies and a copy of the JR policy with the section relevant to you highlighted.)
- Do you meet the criteria for the type of extension applicable to you? And will you have documents to prove it? If your visa is valid until 2013 (when in 2013?) and you arrive in the UK within the next few weeks, potentially you have quite a long time to earn money, get UK bank statements, ... But again, only you would know your situation and what you could realistically earn.

Dear Friend,

1) I came in UK First in HMSP (Aug 2006 and went back and visa was still 2008) but

2) in 2009 I got Tier 1 as per HSMP (JR) till 2013.

now main point I wish to know that as per HSMP(JR),point No:25 and 51 for people who left UK .It says that,

"Migrants will be able to apply for subsequent extensions of stay under the provisions in paragraphs 8-13 should they not wish to apply for settlement."

so as per above even I am under Tier1 but my visa base is HSMP(JR)

3) as mentioned in new FLR Tier 1 (HSMP) Guidance of 6 April 2012Notes, on page No:5 point No:1 and 2 says that

SECTION 1: Introduction
1) Following the High Court Judgment of 8 April 2008, migrants who obtained leave to enter or remain based on a letter of approval issued under the HSMP criteria in place before the programme was suspended on 7 November 2006 should be considered against the extension criteria in place when they joined the programme. Provision has now been put in place for those who fall within this category. Under these provisions qualifying applicants will be considered against the published policy document on Highly Skilled Migrants of 9 July 2008 available on the UK Border Agency website. This document allows applications which fall under the remit of the judgment to be considered under the extension criteria as it stood prior to 7 November 2006.

and

Who can apply on form FLR Tier 1 (HSMP)
2) You should only use this application form if you were granted leave to enter or remain under the Highly Skilled Migrant Programme and submitted your initial application under HSMP prior to 7 November 2006 and are seeking to extend your leave within this category for a further period.

So for me as per your opinion extension of visa under FLR HSMP(Tier1) applicable or not?

I just need your advise or opinion of you know as a friend please bacuse Experince and people in same situation can also find better way.

Please share your opinion if you have any useful view or information.

Thanks & regards

[goldfish]

When your original HSMP visa was coming up for expiry, did you apply for an extension?
Was your Tier 1 visa an extension/transfer from your HSMP? Or had your Tier 1 expired in the meantime?

It would be helpful if you could provide a list of your visa validity dates and absences e.g.:
Visa issued (HSMP): Aug 2006, valid to Aug 2008
Left UK: Sep 2006, returned to UK: Sep 2007

[HSMP(Tier1)]

When your original HSMP visa was coming up for expiry, did you apply for an extension?
Was your Tier 1 visa an extension/transfer from your HSMP? Or had your Tier 1 expired in the meantime?

It would be helpful if you could provide a list of your visa validity dates and absences e.g.:
Visa issued (HSMP): Aug 2006, valid to Aug 2008
Left UK: Sep 2006, returned to UK: Sep 2007

Thanks Friend for taking intrest...my detail is

1) 12 Aug 2006 to 11 Aug 2008 (HSMP)-been to UK 12/10/2006 to 7 /1/2007 + again enter UK and stay 22/7/2007 to 30/11/2007) then left UK.

2) in August,2008 due to HSMP JR again apply in 2/2/2009 as per HSMP JR documnet clause No:43 HSMP who left UK. and got Tier 1 for 4 years (2/2/2009 to 2/2/2013)

between that time stay in UK from 10/3/2009 to 15/7/2009 then left and came again in 1/6/2011 to 8/8/2011).

during my 4 time stay in UK I did 3 time official job.

I hope now you can understand clearly my details.

regards

[goldfish]

Hmmm your situation is quite different from mine.

To summarise:
- Your initial HSMP was issued in Aug 2006.
- You left the UK in Nov 2007 and you were still outside when your HSMP visa expired in Aug 2008.
- A few months later in Feb 2009 you applied for a new Tier 1 (General).
- When you applied for Tier 1 (General) you specifically referenced the JR and you would have been able to meet the old HSMP Extension of Stay requirements.

Is this all correct?

If it is, then based on the information you have provided it looks as though you would be able to apply for an extension based on the (old) HSMP criteria described in para 8 - 13.

But my visa situation is different from yours and I am not an immigration expert (just an applicant, same as you) so you will need to decide for yourself what criteria apply to you. When you decide, a call to the UKBA contact centre for confirmation would be a good idea, and you could contact an registered immigration advisor as well for more expert advice.

Maybe the seniors also have some input?

(You might also want to think about the implications of lots of absences on getting ILR some time in future - there are lots of posts on this subject already.)

[HSMP(Tier1)]

Hmmm your situation is quite different from mine.

To summarise:
- Your initial HSMP was issued in Aug 2006.
- You left the UK in Nov 2007 and you were still outside when your HSMP visa expired in Aug 2008.
- A few months later in Feb 2009 you applied for a new Tier 1 (General).
- When you applied for Tier 1 (General) you specifically referenced the JR and you would have been able to meet the old HSMP Extension of Stay requirements.

Is this all correct?

If it is, then based on the information you have provided it looks as though you would be able to apply for an extension based on the (old) HSMP criteria described in para 8 - 13.
But my visa situation is different from yours and I am not an immigration expert (just an applicant, same as you) so you will need to decide for yourself what criteria apply to you. When you decide, a call to the UKBA contact centre for confirmation would be a good idea, and you could contact an registered immigration advisor as well for more expert advice.

Maybe the seniors also have some input?

(You might also want to think about the implications of lots of absences on getting ILR some time in future - there are lots of posts on this subject already.)

Dear Friend,

I got tier 1 on base of HSMP JR,so as per JR document I may be fall in extension,wetaher if I get few years but then may be more chance positive hope..

Many Many Thanks for study my case.Dont worry friend I know you are not immigration expert but situation makes every one expert.and you give me one hope about above underline points.

If possible please proivde me official email id of UK home office who can guide me or reply me if i write to them as official inquiry and also if any contact number you have?

Thanks

[HSMP(Tier1)]

Hmmm your situation is quite different from mine.

To summarise:
- Your initial HSMP was issued in Aug 2006.
- You left the UK in Nov 2007 and you were still outside when your HSMP visa expired in Aug 2008.
- A few months later in Feb 2009 you applied for a new Tier 1 (General).
- When you applied for Tier 1 (General) you specifically referenced the JR and you would have been able to meet the old HSMP Extension of Stay requirements.

Is this all correct?

If it is, then based on the information you have provided it looks as though you would be able to apply for an extension based on the (old) HSMP criteria described in para 8 - 13.
But my visa situation is different from yours and I am not an immigration expert (just an applicant, same as you) so you will need to decide for yourself what criteria apply to you. When you decide, a call to the UKBA contact centre for confirmation would be a good idea, and you could contact an registered immigration advisor as well for more expert advice.

Maybe the seniors also have some input?

(You might also want to think about the implications of lots of absences on getting ILR some time in future - there are lots of posts on this subject already.)

Dear Friend,

I got tier 1 on base of HSMP JR,so as per JR document I may be fall in extension,wetaher if I get few years but then may be more chance positive hope..

Many Many Thanks for study my case.Dont worry friend I know you are not immigration expert but situation makes every one expert.and you give me one hope about above underline points.

If possible please proivde me official email id of UK home office who can guide me or reply me if i write to them as official inquiry and also if any contact number you have?

If you have consulted any immigration advisor or if you know any good advisor for situation like us then if possible provide me their email or any contact please.
Thanks

[goldfish]

I don't have a UKBA contact number - you could look on their website or search the forum (their contact line wouldn't be specific to HSMP JR).

I have never used an immigration advisor, but again they would not be specific to HSMP JR so you could search the forum for advice. There have been a few threads asking for advice so many others can help. Or you could start a new thread, I think it's just you and me that pay attention to this one

[tehminamazher]

I am also the one paying attaension to the posts/threads related to HSMP JR.

TM

[HSMP(Tier1)]

I am also the one paying attaension to the posts/threads related to HSMP JR.

TM

Dear Friend,

Please share your view and experince/sugessations for above situations.

regards

[goldfish]

Posted here about correct form to use, thought it might be helpful for you guys:
http://www.immigrationboards.com/viewto ... 706#630706

[HSMP(Tier1)]

Posted here about correct form to use, thought it might be helpful for you guys:
http://www.immigrationboards.com/viewto ... 706#630706

Dear Friend...Thanks a lot...

you just give some new light in our serach and effort, as per my situtaion i request you to just give your opinion about which formi have to fill...I think FLR(HSMP) and for inquiry on which email id i have to contact?if you have nay then please provide us...

If i stay out of uk long time then also i think flr(HSMP) formapplicable to me for extesnion of my tier 1(HSMP)visa and specially

HSMP JR clause 51 and then 8 and 12 shows that same ruels will be applicable to those who fall in HSMP(JR)

read carefully and link clause to clause from 51 to 8 and then12 or 13.

regards

[HSMP(Tier1)]

Hmmm your situation is quite different from mine.

To summarise:
- Your initial HSMP was issued in Aug 2006.
- You left the UK in Nov 2007 and you were still outside when your HSMP visa expired in Aug 2008.
- A few months later in Feb 2009 you applied for a new Tier 1 (General).
- When you applied for Tier 1 (General) you specifically referenced the JR and you would have been able to meet the old HSMP Extension of Stay requirements.

Is this all correct?

If it is, then based on the information you have provided it looks as though you would be able to apply for an extension based on the (old) HSMP criteria described in para 8 - 13.

But my visa situation is different from yours and I am not an immigration expert (just an applicant, same as you) so you will need to decide for yourself what criteria apply to you. When you decide, a call to the UKBA contact centre for confirmation would be a good idea, and you could contact an registered immigration advisor as well for more expert advice.

Maybe the seniors also have some input?

(You might also want to think about the implications of lots of absences on getting ILR some time in future - there are lots of posts on this subject already.)

Dear Friend,

Now as per my understanding and your opinion,I again read all document s and point out below things,
1) 6 april,2012 FLR Tier 1 HSMP form and guideliens page No:5 clearly says people who fall in HSMP JR have to use this form and as per my understaning in that no earing criteria required like tier 1 extension,even I have tier 1 general but as it is based on HSMP JR,i will not need earning criteria to score points.

2) Same time if you read Tier 1 general extension form as per from 6 April,2012 and on its page No:9 it is also written that if you fall in HSMP JR then you have to use another form.FLR Tier1 HSMP.

Important requirement is
my main point is if I stay out of UK more time then what will be result ,will my extension refused or will get extension?Please give your opniion or any experince about this extension.

Because If in visa extension old HSMP rules applicable then in old rules what was the extension critera?please if anyone know who was in old HSMP rules

Please share anyone experince or any knowledge

Thanks

[geriatrix]

On what basis did you receive Tier 1 (General) leave in 2009 under HSMP JR?

Please explain your circumstances a bit more clearly - e.g. were you refused an extension because of the change in rules, had to leave and then applied for entry clearance in accordance with UMBA policy subsequent to HSMP JR?

[HSMP(Tier1)]

On what basis did you receive Tier 1 (General) leave in 2009 under HSMP JR?

Please explain your circumstances a bit more clearly - e.g. were you refused an extension because of the change in rules, had to leave and then applied for entry clearance in accordance with UMBA policy subsequent to HSMP JR?

Thanks for your reply.....

My situation is as mentioned below:

1) HSMP Approval Letter issued on 11 July,2006

2) Got HSMP visa from August,2006 to August,2008

(migrate to UK two times and did official jobs (1) Oct 2006 to January,2007 then (2) July,2007 to November,2007)

After that

Due to HSMP rules changes I left UK in Dec,2007 and again As per HSMP Judicial review paragraph 43 to 52 I applied from out of UK in January,2009 and

3) Got 4 years Tier1 visa (February 2009 to February,2013)

(Migrate to UK 2 times for good job and did work (1) March,2009 to July,2009 and then (2) May,2011 to August,2011) then came back to my home country.

Now,

I have opportunity for good job so I wish to move UK now and wish to apply for extension,in this case

1) apply under Tier 1 general (which will be difficult for me in earning criteria)

2) apply under FLR Tier 1(HSMP) because
as mentioned in FLR Tier1 (HSMP) guidelines Page No:5 I got tier 1 under HSMP JR and also my letter was issued before November,2006

same point is mentioned in paragraph no:52 of HSMP JR that Migrant can apply for subsequesnt extension as per paragraph 8-13.

in paragraph 12 it is mentioned that

" 12.Migrant will be able to apply for subsequent extension of stay under these provisions should they not wish to apply for sattlement"

As my entry clearance is based on HSMP JR because Tier 1 is generally issued for 2 or 3 years and my visa was issued for 4 years for my sattlement purpose under HSMP JR.

I hope now you or any friend can help me better because many people gives differnet view,so please guide.

Thanks & regards,