Refusal of Extension Application under New HSMP rules

[NEEDA KHAN]

Dear all
I had one year HSMP visa till last day of November. Got the job on 15 November. Immediately applied for extension. Till the time I opened the homeoffice website on 15th, I had no idea that rules were changed on 7th November. However I applied for extension. Now I have received letter of refusal. However I have been given opportunity to shift to Work Permit if my employer agrees to that. This is ridiculous. I came here after leaving a set career. I brought my wife and kids. My wife also left job. I have got a very reasonable career job here in UK relevant to my qualification and experience. This is very strange that I came here on different rules and I fulfill all the requirements of the previous rules for extension. Now the rules are changed.

I have been disadvantaged on both accounts; one I did not get 2 years initial via, and other I have been treated on new rules. If the home office has applied the new rules on me this time to refuse my application - going by same principal I should have been given one year additional visa to make me equivalent to 2 years visa category. So myself and anyone else similar to this situation are on Greatest of disadvantage.

This is is very strange that even after the change in rules of new application I could have qualified with at least 80 points. The way HomeOffice has acted is extremely bizarre.

I will try to avail the work permit option. But who knows that is accepted or not.

I have all the right documents and details and nothing is forged in my documents. I have always obeyed the rules and laws. I have seen here that people with forged documents and wrong details get all the advantages and benefits. Homeoffice is blind to those things.

My question is – Is there any way I can get my self on the HSMP basis. It is definitely a better scheme. Are there any other similar cases? Is there any court I can go? I believe my case also comes under human rights. Some people say I should write to Her Highness the Queen because she is the guardian of the human rights in the UK.
Please assist me if some one can.

[webhunter]

It is really unfortunate to hear about the refusal. I can understand how bad it feels, after having been here for 1 year.

If you think you are eligible for 80 points, how many did you get? Can you type the rejection letter here ( you can hide private information ). Once other members see on what grounds / and reasons, you have been rejected for, they may offer you a better advice.

Initial rejection is not the end of the world, an appeal or a fresh application could still be successful. As a back-up plan, you may want to follow-up on the work-permit option they have suggested. You may want to enquire, if your employer sponsors one? I am not sure if you have worked with your current employer for 8 months, if thats not the case then you are as good as making a fresh Work-permit as you wont fall into the transitional arrangements.

Anway let us know more about the points you have claimed/got/and the rejection grounds and reasons.

Good luck.

[pantaiema]

I think the best strategy is that switch to WP if this option is visible. This will buy you some times.
While you are on WP apply again for HSMP under new rule
(as you said under new rule you could have qualified with at least 80 points).
-This will give you more flexibility if you want to change job in the future.
-Your clock toward HSMP continue ticking while you switch from WP to HSMP.

"I have seen here that people with forged documents and wrong details get all the advantages and benefits".

Probably right, in the first instance, as under the old system in some countries some evidence are easily forged and/or doctored. But those who succesfully forged their document and went undetected I believe will be hard to compete in the UK Labor Market.

Now under the new rule, they might have problem to achieve the thereshold point required. (This is apart from inconsistency of HO to change the rule in the middle of the game which I also strongly oppose)

Now all hard evidents nedeed such as Pay slips, Tax documents, bank statements are very difficult to be forged (as it it earned in the UK - not from applicant countries, No more Experience letters are required)

Pantaiema

Dear all
I had one year HSMP visa till last day of November. Got the job on 15 November. Immediately applied for extension. Till the time I opened the homeoffice website on 15th, I had no idea that rules were changed on 7th November. However I applied for extension. Now I have received letter of refusal. However I have been given opportunity to shift to Work Permit if my employer agrees to that. This is ridiculous. I came here after leaving a set career. I brought my wife and kids. My wife also left job. I have got a very reasonable career job here in UK relevant to my qualification and experience. This is very strange that I came here on different rules and I fulfill all the requirements of the previous rules for extension. Now the rules are changed.

I have been disadvantaged on both accounts; one I did not get 2 years initial via, and other I have been treated on new rules. If the home office has applied the new rules on me this time to refuse my application - going by same principal I should have been given one year additional visa to make me equivalent to 2 years visa category. So myself and anyone else similar to this situation are on Greatest of disadvantage.

This is is very strange that even after the change in rules of new application I could have qualified with at least 80 points. The way HomeOffice has acted is extremely bizarre.

I will try to avail the work permit option. But who knows that is accepted or not.

I have all the right documents and details and nothing is forged in my documents. I have always obeyed the rules and laws. I have seen here that people with forged documents and wrong details get all the advantages and benefits. Homeoffice is blind to those things.

My question is – Is there any way I can get my self on the HSMP basis. It is definitely a better scheme. Are there any other similar cases? Is there any court I can go? I believe my case also comes under human rights. Some people say I should write to Her Highness the Queen because she is the guardian of the human rights in the UK.
Please assist me if some one can.

[Jk2007]

Needa

I think you can go for a review.

(1) What does your refusal letter say? You mentioned that you still qualify with 80 points, then on what basis did they reject?

(2) Did you meet the earnings requirements, and did you provide evidences(pay slips, IT returns, and bank statements)?

[Mrs Khan]

Needa khan we are sailing in same boat. I am also given a one year visa so in principle we should be given at least one year more extension if we have to be dealt under new rules.

Another things; in order to switch from HSMP to work permitt, i think one needs to be with that employer for at least 8 months time. This points needs to be clarified by Home Office. I have sent them so many emails but i always received a stereo type reply from them. These GOOFS themselves are not clear.

We are the most affected one as we didn't get any benefit of old rules but rather going to be affected under new rules. We should be entitled to get one more year at least

[Mrs Khan]

Dear Pentaiema
I do not agree and i have personally seen people IN UK who are illegal and getting all the benefits. I think the HSMPs who came to UK were the cream strata in their respective countries & they didnt had to forged docs to come into UK. It was in fact Home Office Juicy but deceitful advertisements that we kicked our promising careers to come in to this
ILLEGAL MIGRANTS FRIENDLY country

I would like to mention that the Visa section of BHC conduct verification for Home Office for HSMP application & at EC application stage. So its very diff for any HSMP to dogde Home Office. However for Asylum and Illegal Migration; its very easy to get into UK & claim all benefits.

Based on my observation I would like to highlight the fact the even in UK
All the docs can be forged; i have seen people getting UK degrees by paying money for it and they are genuine degrees!!!!
Illegal guys work here without paying any taxes; Fake asylum seekers have obtained their British Nationality and getting all benefits.

Its only the HSMP group who came through the legal route and now suffering because they are fair and genuine people.

[webhunter]

No hard feelings, but we can talk on this topic for ages. which can be a seperate thread/forum.

Lets be focussed on the subject of this topic, a hsmp was rejected and how can we help that candidate and how others can be prevented from doing similar mistake.

[Rog]

Needa Khan's case is important as many of us may be facing a similar situation sooner or later. I think you should try to approach an immigration lawyer to appeal against Home Office rejection on unfair grounds of retrospective rules which were not in force at original HSMP approval. Many asylum seekers have successfully stayed in UK after appealing their rejections through solicitors. It is sad that HSMP holders have to go down this route but there is no other choice for survival as we were duped by Home Office to leave our well paid careers in our home countries.

[NEEDA KHAN]

1. My letter says that my application do not meet the criteria applicable after Nov. 7, 2007, which is based on new scoring system. However, as i have an employment so I am allowed to take the alternative route of Work Permit, if my employer agrees to submit application for work permit. The work permit application will be treated as per its own separate rules.

2. Regarding the 80 points I wanted to say that if I would have made a completely new HSMP application. Iwould have met the criteria.

3. Regarding the Lawyer, I talked to one immigration lawyer, he said if you realy want to ask there is no benefit of appeal. However, as a Lawyer I am willing to file your case.

4. Is there any benefit of contacting HUMAN RIGHTS activists in this regard - any views.

5. Some one suggested to write to Her Magesty the Queen - any views.

6. I absolutely agree with Mrs. Khan.

[webhunter]

Regarding (2), if thats the case, then I would be inclined to go with the fresh application.

Regarding (3), if the lawyer said something, then I would be inclined to believe him. If I dont, then I rather find some other lawyer who will be confident of the appeal

Regarding (4) and (5), Several people, may be 100(s) if not 1000(s) tried these kind of things when the HSMP rules changed 1+3+1 and those whose ILR changed from 4 yrs to 5 yrs, but they went no where.
If I have all the time in the world, I would be tempted to try all that.

How much time have you got to legally stay in this country with out opting for a work-permit or taking a fresh HSMP? Based on that, you may want to take an action.

[pantaiema]

Dear Mrs Khan

I did not say all who can not reach the new threshold point of 75 have forged their documents. I understand (and fully believe) that some succesful HSMP's who could not acheive the threshold might be caused by unfortunate/unlucky circumstance (e.g Job markets, beeing in Non shortage occupation list, etc). Every person might be in this circumstances.
What I said is that:
Those who succesfully forged their document and went undetected I believe will be hard to compete in the UK Labor Market. This is in response from previous post by Needha Khan. (see my original post below)

I have been reading this forum for years. Few years back, I read a message from someone who confessed that his/her collegue succesfully got HSMP by forging his/her Work Experience Letter but they were hard to compete in the UK labor market. This is just an example. Common sense to assume that there might be some more out there.

Anyway, let stop this dicussionand go back to the previous track.


Pantaiema

Probably right, in the first instance, as under the old system in some countries some evidence are easily forged and/or doctored. But those who succesfully forged their document and went undetected I believe will be hard to compete in the UK Labor Market.

Now under the new rule, they might have problem to achieve the thereshold point required. (This is apart from inconsistency of HO to change the rule in the middle of the game which I also strongly oppose)

Now all hard evidents nedeed such as Pay slips, Tax documents, bank statements are very difficult to be forged (as it it earned in the UK - not from applicant countries, No more Experience letters are required)

[Jk2007]

..2. Regarding the 80 points I wanted to say that if I would have made a completely new HSMP application. Iwould have met the criteria...
.

Needa,

Since you will be able to score 80 points, please be confident and apply again.

How much time has been given to you? Can you reapply within the time given to you with supporting documents for 80 points?

Good Luck.