New Rules : Am i In or Out ? Legal language is so confusing

[aqilzeeshan]

i got following mail from HO

I sent my documents on 7th Nov Morning through Special Recored Delivery, and online tracking shows it reached HO on 8th Nov.

I got following email.
++++++++++++++++++++++++++++
Your application has been processed at our payment handling centre and this always takes a few days.

To clarify for further leave to remain HSMP applications, applications with a postage stamp date of 07/11/2006 or before, that have been submitted on FLR (IED) version 06/2006 will be treated under the old HSMP criteria and will not be suspended. Any applications dated up until 07/11/2006, that have been submitted on a version of the FLR (IED) prior to 06/2006 will be rejected and any money refunded.

Applications for further leave to remain submitted with a postage stamp date of 08/11/2006 that have been submitted on version 06/2006 of the FLR (IED) form will be treated under the new HSMP guidance. These forms will be held until 05/12/2006 and a request will be made for the submission of the relevant pages of the new form, plus any additional evidence that may be necessary. You will not be required to resubmit payment for this application.

Applications submitted on 08/11/2006 on a version of the FLR (ED) form prior to 06/2006 will be rejected and any money refunded.

As long as a valid Further Leave to Remain application is submitted before your current leave expires, your leave to remain is extended under section 3(C) of the Immigration Act 1971 until a decision has been made on that application.

Kind Regards
++++++++++++++++++++

Am i being accessed according to old criteria ? what is your opinion as the language used is very confusing.

[inso]

I sent my documents on 7th Nov Morning through Special Recored Delivery, and online tracking shows it reached HO on 8th Nov.

...

To clarify for further leave to remain HSMP applications, applications with a postage stamp date of 07/11/2006 or before, that have been submitted on FLR (IED) version 06/2006 will be treated under the old HSMP criteria and will not be suspended. Any applications dated up until 07/11/2006, that have been submitted on a version of the FLR (IED) prior to 06/2006 will be rejected and any money refunded.

...

Am i being accessed according to old criteria ? what is your opinion as the language used is very confusing.

What do you mean? Its clear as day. Your post will have to be postmarked for before 8/11 in order to reach them by 8/11. So, it all depends which form version you used.

[aqilzeeshan]

I used FLR (IED) version 06/2006.

Things are such a state of flux that i expect anything anytime.

[Golauk]

Aqilzeeshan

My friend has alsoapplied for HSMP extension on Special delivery dated 7th Nov. But he have only received a letter stating payment reference number, not any email as you have received.

But as you have received EMAIL stating the envelop dating 07 nov should be treated under old rules. Does my application also falls under old rules?

Please remain in touch for furthur development?

Regards

GolaUk

[aqilzeeshan]

Hi Golauk,

As per this email i recieved we should be treated as per old rules. But be prepared for anything untill passport gets back with extension.

I also got letter giving referece number and stating that payment has been cleared and case forwarded to case worker. But again i really have NO confidence on all this.

Anything can happen anytime in this country with a legal immigrant without any notice.

Regards
Aqil

[Golauk]

hi aqilzeeshan

Could you please tell me the date of letter?
I got payment reference letter dated 09 Nov and it say that this is your payment reference no. and your application has been forwarded for consideration...

Regards

GolaUk

[aqilzeeshan]

Hi Golauk,

My reference letter is also dated 9 Nov.

Lets see where they swing our case (and fate).

Regards
Aqil

[EdgeHillMole]

I also submitted my extension application and original documents on the 7th November 2006. Envelope was posted and sent Special Delivery Royal Mail on 7th November (I am saving my receipt!) Documents arrived at HO on 8th November. Payment was accepted and generic letter sent out on 9th November. I used the 06/2006 FLR(IED) form.

Although I was only on an initial 12-month HSMP Visa, my employer has given me a permanent job and has promoted me from analyst to manager within the course of six months. Unfortunately, I live in the North West, spent two of my eight months resident in the UK looking for work, and spent the remainder of the time as a temp (Paying a good portion of my salary to an agency). Because of these three factors, my gross salary for the past eight months has not been very high.

As my job requires highly specialised skills, I think my employer would have a hard time finding a better qualified candidate through an advertising campaign. So I do think I could pass Work Permit test requirements.

The real issue here is that when I walked through the doors of the company and interviewed, I advised them (And printed it out, in hard copy, from the UK government website) that to be renewed the UK government needed me to prove basic "economic viability" - that I could support myself financially and not need to resort to savings or public funds.

If I do not pass, I will absolutely tell my UK employer that the government has changed its mind, and ask my employer if they could please submit the Work Permit paperwork. But IMHO this ruling could very negatively impact my employer, as it is placing on them the extra burden to submit paperwork (Which I had advised them last week I had already done on their behalf under the HSMP route).

[aqilzeeshan]

Hi EdgeHillMole,

Dont worry, hopefully we have a good chance as per above email. I did not get it automatically, i actually emailed them and asked what happend to my papers and mostly they send some FAQS but fortunately someone from IND replied it and it says applications post marked of 7Nov will be processed under old rules. Lets keep our fingers crossed and see what they do. Lets constantly update each other as we all having same case , who sent docs on 7th , docs reached on 8th , reference letters dated 9th recieved by us. Anyone of you who get any news regarding your case please update immidately as i ( i think you guyes too ) am not able to even concentrate on job and anything else because of this sudden trouble brought upon us by the geniuses of HO.

Regards
Aqil

[EdgeHillMole]

Aqil,

What Home Office e-mail address did you use to get that reply:

hsmp.workpermits@ind.homeoffice.gsi.gov.uk

or

wpcustomers@ind.homeoffice.gsi.gov.uk ?

For my own documentation and case, I would also like to receive an e-mail directly from them. I will add it to my legal stack of Special Delivery and proof-of-postmark-date papers.

[aqilzeeshan]

Hi EdgeHillMole,

I emailed

wpukltr@ind.homeoffice.gsi.gov.uk

and got reply from same email address.

Regards
Aqil

[indianpirate]

Hi
I am glad you managed to get an optimistic news. But what exactly does postage stamp date? the date given by post office or mail service or date stamp given by WPUK when they received our docs?
if it is the data stamp given by courier then we will be safe as per your email recieved is concerned.
i also posted my docs on 7th and they reached on 8th.
please tell me if you know any more information about this.
cheers.

[aqilzeeshan]

Hi indianpirate,

I am not 100% sure what postage stamp means but most probably it is the stamp on special recorded receipt we have with us. The receipt has postage stamp of 7th Nov on our receipt. We have to keep it safe.

Regards
Aqil

[indianpirate]

Hi,
I am sori mate, i just spoke to WPUK, they said postage stamp date is the date given when they receive the documents. i am giving this news not to discourage you but i want you to think some alternate, you might already be working on ...i presume.
best of luck.

[luisabush]

Hi indianpirate,

I am not 100% sure what postage stamp means but most probably it is the stamp on special recorded receipt we have with us. The receipt has postage stamp of 7th Nov on our receipt. We have to keep it safe.

Regards
Aqil

I sent my application for HSMS 7th November 2006. Untill 13 November I did not know something what happened with it. I have e-mailed to HO.
14th November I received an answer from them. They have said my application will be considered under old rules. BUT at the same day I received my docs back.
So I have lost any chance to get HSMS.

[googleman]

After you sent the appliction on 7th November was the fees deducted from your account?

[luisabush]

After you sent the appliction on 7th November was the fees deducted from your account?

No, it wasnt

[indianpirate]

Hi googleman.
Do u have any update about people given HSMP outside UK and working in skilled jobs, applied on 7th november?
hope u remember me.
cheers

[googleman]

Hi IndianPirate

No.. dont have any updates. I had sent my docs on 8th november and waiting to receive the back docs . 2 days back I spoke with custoemr care centre and was told that they are not going to consider earning on pro-rata basis for people who have not earned 8 months... Do u have any updates?

[indianpirate]

No mate,
But u cant expect u r docs back. they will write you a letter after 5th of Dec to submit relevant section of FLR(HSMP) and any further evidences to score 75 points.
How about your work permit? did u approach u r manager for a WP?
please advise.

[googleman]

Hi Indianpirate,

No I have not. I dont have much hopes of any one sponsering WP.. So I am keeping my fingers crossed.. Ay luck on your side?

Did u get back your documents? I have heard that for some people who has sent applciation on 7-8th Noveber the payment hs been deducted. Any idea what does it mean?

[indianpirate]

Hi man,
They have clearly said in the new guidance that they will accept the applications on FLR(IED) until 4th of December. I dont mean to disappoint you but it is not much hoping to listen payment process is cleared.
My payment is cleared as well.
cheers.

[googleman]

Hi indianpirate,

The reason for asking the payment question was, for some people docs have been returned without payment being deducted and for some, it has been deducted. So was trying to understand how things are going on.

If after 4th of december they ask for extra documentations and then make a refusal, how should we manage? I mean we will not have time to make a flight booking back home, considering the rush during christmas period. Also how should we plan to inform the land lord not knowing whether we will remain in this country or not. I am just expressing my thoughts. I do understand that it is the same for thousands of people

[indianpirate]

Hi man,
if anybody application for HSMP extension is returned and payment is not deducted, then it will be an optimistic news for me that my payment is cleared and my docs are not returned to me. if your employer is unwilling to sponsor your work permit there will be third party consultants who will apply a wrok permit for you, but i dont know how this works. i will make an enquiry for you.
cheers.

[aqilzeeshan]

Hi Indianpirate,

So as per reply you got regarding postage stamp from WPUK we guys who sent docs on 7th fall under the following

Applications for further leave to remain submitted with a postage stamp date of 08/11/2006 that have been submitted on version 06/2206 of the FLR(IED) form will be treated under the new HSMP guidance. These forms will be held until 05/12/2006 and a request will be made for the submission of the relevant pages of the new form, plus any additional evidence that may be necessary. You will not be required to resubmit payment for this application.

now comes alternate arrangements,

I have already attached a letter from employer in 7th Nov application that my gross salary is 28k , but my salary slips which are already with them (except november which i will send them when they will ask additonal docs on 5Dec) shows 301 pounds short of 19300 gross ( salary slip of 1 out of last 8 months show double salary as gross , as it was not paid because NI and bank account was in process) so if i manage to have more than 301 and cross 19300 gross mark which gives 30 points , then am i IN or OUT ? i know you guys are common people like me and not case works but here we are trying to share our situations and comming up with opinions and solutions. So your opinion will be highly appriciated.

Next comes moving to WP if above fails, i have been working on this job from last 9 months (one of the conditions for moving from HSMP to WP as a result of failing in get 75 points) so will my employer dont have fullfill labour market test ? as i need to be very sure about it when talking with employer to go for it.

My visa will expire on 2 Jan 2007 and if they ask additional docs after 5 Dec and then take few days to decide and the reject, suppose i have very less days left in my visa by then , Will i be able to apply for WP after over stay ? as WP will not be processed overnight , it will need time from my employer and then WPUK.

Please give your opinions.
Thanks in advance