HSMP judicial review--2nd Extension

ashishashah · Post by **ashishashah** » Fri Oct 21, 2011 11:16 am

Any one ,who has applied under HSMP-JR ?The above cover letter is OK?Or am I giving them too much inforamtion and in turn doubting their common sense?

Post by **geriatrix** » Fri Oct 21, 2011 2:46 pm

The letter should not come across as one "teaching" the caseworker the immigrations rules or how to do his job.

Instead, it should convey your eligibility and the reasons why you believe you are eligible (with references to policy guidance / immigration rules / any other UKBA documents that may be relevant to the case).

ashishashah · Post by **ashishashah** » Thu Nov 10, 2011 3:40 pm

Ok..

Here is my unique experience.

Went to Home office at 7.30..At the door ,I was asked to show the form at the entrance..
First response was “this is not the right form .It is for application for outside UK"I was terrified..I knew that I was correct,but was not able to convince them.I told them the history,but they were like “never seen any thing like this before!!!” .Anyways, requested them to check,they came back and said ,yes,you can go but this case is very rare.
I took a big sigh of relief.Cann't they say this is new and we need to check this, rather then -sorry wrong form,go back!!!

Next:1st level of validation..
The person at the counter asked me :Why are you not applying for ILR?
I told him that I don’t qualify
I had taken print out of my form on back to back(form was 10 pages),so he asked me :why didn’t you print it on 1 side?I just told him sorry.(It was not mentioned on the form ,so i was trying to save some trees,but didnt say any thing)

Anyways,paid the money by CC
The lady at the counter : you are increasing our work by printing double side,now I will ahve to take photocopy of 1st page..
Me:Sorry
I was given a token and told to wait.

after 20 min,my number was called.

Me:Hello,good morning!!!
Case worker:Give me the form.
Me:Passed on the form:
CW:This is a wrong form!!!
Me:No,I checked it,it's correct
CW:No..may be you didn’t take the full print out.
Me:I am applying under HSMP JR for FLR
CW:No,HSMP JR is for settlement..
Me:???
CW:Never seen any thing like this before…I am amused
Me:I am applying uder HSMP JR for FLR…
CW:Sorry,I have only delat with settlement application before…
ME:!!!
(CW shows it to her collegues)
CW:We all are AMAZED!!!,sorry never seen like this before

CW asked me for last 12 months sal paers,I tried to tell her that its not reqd and I don’t have,but she was like well,I need them.
I gave her my payslips,bak statement etc..She said thats it.
Me:you might need my original HSMP letter dated june/06 to prove my JR qualification..
CW:Oh yes,please ..Sorry I forgot
Me:Do you need marriage certi and birthcerti?
CW:No,not reqd
Me:??
Me:Please find the steps to follow for HSMP JR case for which I have taken printout(Gave her printout about HSMP JR for FLR etc from UKBA website)
CW:Thats very helpful,thanks..I havent dealt with any thing like this,so thanks
Me:No prob..
Me:I am sure you would like to have job applications to confirm my economic activity
CW:No,not needed
Me:Ok(If you havent done this before,how can you say what is needed?)

To cut the story short:I was called after 10 minutes, and asked why I don’t want to apply for ILR (I was finishing my 5 years in Jan 12 )…She told me that I am eligible for ILR now as I can apply for ILR before 3 months(She thought that I was not applying for ILR as i had entered the country late after my 1st stamp).
I was very tensed,I knew that her “core skills” was settlement (as she had mentioned )but I was not there for ILR..
Anyways,she asked me if I can show proof of relationship with my wife for 2 years .I was more confused..I said ,I have marriage certificate.
We were obviously looking at different case (or so i thought) .I realised She was trying for ILR (She was trying to help me to get ILR,but honestly I was applying for FLR )..
I told her that I cannot apply for ILR because of my 1 year absence..She called her senior..I explained her and her senior :‘Why you didn’t tell us about your absense?”..
Me :I am not applying for ILR,I am applying for FLR ,FURTHER LEAVE TO REMAIN,but CW is telling me some thing about ILR.I didnt ask for ILR as I have long gaps in my stay
Supervisor :Ok and went away

We were back to square one.

CW:Sorry,you don’t qualify!!!!!!!!!!!
Me:What??????!!!!!(I was getting a heart attack!!!)
CW:I can give you FLR but!!!
Me:thanks (That’s what I am here for, and I had filled up form for same and was trying to explain)
CW:Why you went out of country?
Me:all history (Concerned,why she was asking me)
CW:For ILR, you need to give reason for absenses,so if you give valid reason you can apply for ILR in 2012
Me:Ok,thanks(Thinking not bothered about ILR really,please give me FLR)
CW:But if you want you can apply for ILR in 2012 or 2014.Safer to apply by post …We are really busy and will reject ILR straight away in 2012
Me:Ok(Really worried about my FLR now,just not listening)
CW:I had similar case for ILR where absense was for 1 year,but I managed to give him ILR .But I cannot promise you..You need to apply by post with proof ,you can get ILR in 2012 nov..Try your luck
Me:Nodding (FLR please!!!!)
CW:Come back after 3 hours
Me:Same counter?
CW:no 22 (Customer help)
Me:Thanks(Didnt know what to say, as she was not aware about HSMP FLR JR and i was not aware about HSMP JR ILR .We were completely on different planet)

She kept going around to her colleagues for next 2 hours.I could see her and was getting worried.
After 3 hours ,I got my and dependent PP with 3 years ext .
Only hitch(?) was in type of visa it was mentioned as Leave to remain (No HSMP/Tier 1 etc ).Even for dependents same thing ..
I wanted to go back ,but looking at her skills,relevant experience decided not to go back.
Any ways,bottom line is :
1)They really shock you with vague answers
2)They are trying to be hlpful,but without proper knowledge they can really put you back..
3)I was surprised that no one had seen HSMP JR FLR form ever!!!Even case workers were left wondering (she told me that she has shown my HSMP FLR form to every one,but no had seen it before)
4)They would have even GIVEN me ILR if I hadn’t mentioned my absence honestly (that too without any ILR forms,ILR docuements etc…I even don’t know how ILR form looks like!!!)..Kind of shows their willingness to help ,but they also overlook obvious facts.

P.S :This might help some other members, who are worried about their 1st entry to Uk after 1-2 months..I am not sure what exact rule is ,but I was told by case worker that for HSMP , 3 months "buffer" applies..So you can apply for ILR after 4 years 9 months under HSMP..(Disclaimer:This was told by a case worker who has never seen HSMP FLR form,so take it with a pinch of salt,but explore this option!!!!)

My Thanks to the forum members and Sush!!!

Post by **geriatrix** » Thu Nov 10, 2011 4:29 pm

ashishashah wrote:Hello,

I managed to get 2nd extension under HSMP JR ..I had PEO appointment yesterday (What happened there??Long story ,coming up soon)..

My concern is :

In my stamp /vignette has no mention of HSMP/Tier 1 :

It just says :Limited leave to remain..

Other detail like date ,place,remarks are fine..
Should I be concerned?
my initial visa had HSMP on it,my 1st ext had Tier 1 on it..

I am juct concerned that while travelling,when i come into heathrow,immigration guys would question this..

Ashish

Post by **geriatrix** » Thu Nov 10, 2011 4:29 pm

ECB19.3 An incorrect Tier 1, 2 or 5 PBS endorsement

ashishashah · Post by **ashishashah** » Thu Nov 10, 2011 4:36 pm

Thanks sush!!!

I just called up the call centre and was told that this is fine..As long as dates are correct.

So thank you guys for all your help..I had a tough last month and a unique experience at PEO(...

kvindia · Post by **kvindia** » Tue Nov 22, 2011 1:04 pm

Thanks a lot ashish for providing these details. It really helps me.

I too come under HSMP JR (application date 12/10/2006) and got extention on 12/02/2009 for 2 years (14/02/2012) applied using FLR Tier-1 (HSMP).

I went back to India for 1 year between Sept 2007 to Aug 2008, and again for 6 months from Sept 2009 to Mar 2010. I worked in India for the same employer and same client during this duration but I was not paid Salary in GBP. So, I am too thinking to apply for Second Extendion under FLR Tier-1 (HSMP).

I am planning to apply in Person sometime in the second week of Jan 2012. I think I will too face the same surprises that you have faced.
Here's the list of docs that I have to take with me:
1. Completed FLR Tier-1 (HSMP)
2. 12 months Payslip
3. 12 Months Bank Statements
4. 2 Photograhs
5. HSMP approval letter
6. FLR-Tier1 (HSMP) Guidance Notes
7. Dependent forms
8. Marriage Certificates

Additionally, if I take the HSMP JR details from UKBA website would help sometimes.
Few questions:
1. How did you manage to get the appointment with HSMP JR?
2. Can you please let me know what forms have you used for dependents
3. Have you used any Covering letter? If so, can you please share it with me.
4. Can we highlight the salary credit transaction using a marker on the Bank Statement?

Please advise.

kvindia · Post by **kvindia** » Tue Nov 29, 2011 8:38 pm

Sorry to bother you ashish. Could you please reply for few of my questions as soon as possible?

1. How did you manage to get the appointment with HSMP JR? Did you select Tier(General) option while making the appointment?

2. Can you please let me know what forms have you used for dependents
3. Have you used any Covering letter? If so, can you please share it with me.
4. Can we highlight the salary credit transaction using a marker on the Bank Statement?

ashishashah · Post by **ashishashah** » Tue Nov 29, 2011 9:18 pm

How did you manage to get the appointment with HSMP JR? Did you select Tier(General) option while making the appointment?
I had called up the call center and explained them the situation..I told them that i am using FLR Tier1(HSMP) form..I don't knw which fomrat they used..You need to explain to them
\

2. Can you please let me know what forms have you used for dependents
I did not use a seperate form..Same form has info about dependents..
3. Have you used any Covering letter? If so, can you please share it with me.
I did use covering letter..But it was not seen by case worker...You can see my cover letter in this post ...
4. Can we highlight the salary credit transaction using a marker on the Bank Statement?
Yes..I did that..I highlighted using pencill..make sure not to write on/below the actual print as they might look manipulated...just mark on left page

maniyo · Post by **maniyo** » Wed Nov 30, 2011 7:17 pm

hi ashish,

I am also going to apply tier 1 extension under JR within few days( my first extension ).....could you please share they extend your visa for another 2 years or 3 years ?

and did u provide your biometric at PEO ? I heard that under JR no need to provide biometic ?

thanks

kvindia · Post by **kvindia** » Wed Nov 30, 2011 9:42 pm

Thanks a lot Ashish.

ashishashah · Post by **ashishashah** » Thu Dec 01, 2011 10:28 am

Maniyo,

I got ext. for 3 years...My 1st ext was for 3 years as well..
I didnt have to go for Biometrics..As i had HSMP...

You fall under HSMP JR?and your 1st ext?So did you get your 1st Visa BEFORE Nov 2006 ?If yes then how come your 1st extention?

maniyo · Post by **maniyo** » Thu Dec 01, 2011 10:33 pm

Thanks ashish.....yeah mine is first extension as i applied in april 2006 but got approval letter in mar 08 as initial application rejected with wrong reason and hence i made complaint and won it and on the basis of that got visa for 3 years under tier 1....is it rule that under JR extension no bio metric required....so no bio metric means u got ur extension on passport and u not get bio metric card.....am i wright ?? thanks

tehminamazher · Post by **tehminamazher** » Tue May 08, 2012 10:20 pm

So whats the Bottom Line

Applicants Covered under HSMP JR can apply for FLR (extend their visas using PEO services)

Considering what Sushdmeta has said and what the UKBA website says

http://www.ukba.homeoffice.gov.uk/about ... ginperson/
http://www.ukba.homeoffice.gov.uk/about ... oservices/

and what ashishashah faced the situation at the PEO.

This will be really helpful for the applicants extending their leave under HSMP JR.

Regards

TM

goldfish · Post by **goldfish** » Wed May 09, 2012 1:20 pm

For my HMSP JR extension last year I had to provide biometrics (did it at the Post Office) and received a vignette in my passport only, no biometric card.

tehminamazher · Post by **tehminamazher** » Wed May 09, 2012 2:35 pm

Thanks for info Goldfish,

But I am asking can one go for PEO appointment as I am covered under HSMP JR

I have given the links which says u can't but the OP booked PEO and got the extension.

I need to reconfirm whether applicanst covered under HSMP JR can extend their leave using PEO Services.

Regards

TM

WRS · Post by **WRS** » Wed May 09, 2012 4:14 pm

tehminamazher wrote:Thanks for info Goldfish,

But I am asking can one go for PEO appointment as I am covered under HSMP JR

I have given the links which says u can't but the OP booked PEO and got the extension.

I need to reconfirm whether applicanst covered under HSMP JR can extend their leave using PEO Services.

Regards

TM

The FLR Tier 1 (HSMP) guidance notes itself gives you the option of PEO as well as i informed you about my friend's recent example of having it done thru PEO @ Croydon.

Regards,

tehminamazher · Post by **tehminamazher** » Wed May 09, 2012 7:38 pm

This is what written here
http://www.ukba.homeoffice.gov.uk/about ... oservices/

Our public enquiry offices cannot consider your application if you are:

* a person who has been given discretionary leave to remain or humanitarian protection;
* a person with a poor immigration history;
* applying for permanent residence on the basis of 10 or 14 years' residence;
* applying for an extension of your visa on the highly skilled migrant programme;
* a business person, innovator, sole representative or investor;
* a seaman;
* a Gurkha; or
* an elderly dependant.

Comments will be highly appreciated as on our visa its written
VISA HIGHLY SKILLED MIGRANT

Regards

TM

HSMP(Tier1) · Post by **HSMP(Tier1)** » Tue May 22, 2012 1:18 pm

is there any rules that FLr Tier1 HSMP under judicial review cna use one time only for extension and second time new tier1 applicable?

Post by **geriatrix** » Tue May 22, 2012 1:43 pm

If you make an effort to read the topic that you are posting in, you'll note that the OP has successfully received a "2nd extension" using FLR Tier 1 (HSMP) form.

HSMP(Tier1) · Post by **HSMP(Tier1)** » Wed May 23, 2012 7:43 am

sushdmehta wrote:If you make an effort to read the topic that you are posting in, you'll note that the OP has successfully received a "2nd extension" using FLR Tier 1 (HSMP) form.

sorry but Request to give link of "OP"'s success about 2nd extension.I cant understand about OP please.I try to find member name as OP but can not able to get.

regards

longshift · Post by **longshift** » Wed May 23, 2012 8:04 am

HSMP(Tier1) wrote:
sushdmehta wrote:If you make an effort to read the topic that you are posting in, you'll note that the OP has successfully received a "2nd extension" using FLR Tier 1 (HSMP) form.
sorry but Request to give link of "OP"'s success about 2nd extension.I cant understand about OP please.I try to find member name as OP but can not able to get.

regards

OP means Original Poster of this thread.

HSMP(Tier1) · Post by **HSMP(Tier1)** » Fri Jan 11, 2013 7:30 pm

sushdmehta wrote:If you make an effort to read the topic that you are posting in, you'll note that the OP has successfully received a "2nd extension" using FLR Tier 1 (HSMP) form.

Dear All friends,

Who fall under HSMP(JR).I have to apply PEO under hSMP JR and with form FLR(Tier1)HSMP.

Please provide format of cover letter and also list of docuents

As per my list
1) cover letter and emial form home office confirming that FLR(Tier1)HSMP is applicable to me.

2) Orginal HSMP approval letterbefore Nov.2006
3) last 12 months pay slip (I have done 3 months job only)
4)last three months bank statement
5)appointment letter of current employer
6) form last 12 months i worked 8 months in out of uk my home country and 4 months in UK,so will it be ok to submit home country job letter and pay slip with UK job and pay slip?
5)Job effoert for good job as initial some days no job(50 application and rpely proof)
6)passports(as applying main applicant only)

Please guide if anything missing please

regards

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HSMP judicial review--2nd Extension