HSMP extesnion refused (interpretation of new rules)

[rizwan567]

My friend's HSMP extension details:

Applied as self employed under translational arrangements of HSMP.

Appiled on: 28th Nov
Ref Rd on: 2nd Dec
Payment cleared by chq around: 5th Dec
Decision received: 10 Jan

Documents and passport are kept by HO.

Objection is that not enough evidences are provided to qualify under translational arrangement.... Also stated in the letter (standard sentence) that you can apply for work permit under transliatonal arrangements provided he has been working for the employer in skilled job for 8 months before applying.

(I was just wondering, if he is not eligbile to get benefit of transitional arrangment for work permit then why that para is added in refusal letter)

He was in doubt if it is possible to apply wp under tranlational arrangements because he applied as a self employed... and not working for employer for 8 months.... So there is a kind of contradicton in the refusal letter by HSMP team.


My friend arranged a skilled job in order to qualify for work permit under translitional arrangements of HSMP as advised in the refusal letter. So that he can apply for work permit. In order to confirm this he called HO to confirm if she can apply for work permit under transitional arrangement of HSMP. However, HO has clearly told that you can not apply for work permit under transitional arrangments as you need to be working for that employer for 8 months.

He contacted a local consultant in the London to ask for the advise. Consultant told that the only way out is Full Commercial work permit just like any other normal work permit procedure for any other overseas person.

WHAT DO YOU SUGGEST: IS THERE ANY WAY OUT (ANY OTHER ROUTE) FOR THE APPLICANT TO STAY IN THE COUNTRY?

So it is quite clear:

If you apply as self employed under tranlational arrangement and your application is refused then there is no way out for staying in the country except applying for full normal work permit.

If you do not score 75 points and you have not been working for full 8 months for any employer then you are not entitled to apply for wp under translational arrangement.

So, the advice for all of you to have all possible outcomes in your mind before applying...

If you score 75 points then no problem you get extensionn.
If you do not score 75 points then you are eligible for transitonal route.. i.e
a) Apply for work permit (if you have been working for 8 months in a skilled job with an employer
b) Apply as self employed (if your application is refused for lack of evidences provided as mentioned in FLR(HSMP) form and guidance then your application is refused and there is no way out apart from applying a normal full commercial work permit as any other work permit.

Please give your thoughts and vieews on the above case........... All comments are welcome.

[MUGHAL]

hi, rizwan i think there is only one way for u to go to the court and take a plea of home office promises when u came to this country.
surely u will be winner.
canada did the same act and many people including me won the battle in the court.
with best wishes.
mughal

My friend's HSMP extension details:

Applied as self employed under translational arrangements of HSMP.

Appiled on: 28th Nov
Ref Rd on: 2nd Dec
Payment cleared by chq around: 5th Dec
Decision received: 10 Jan

Documents and passport are kept by HO.

Objection is that not enough evidence provided to qualify under translational arrangement.... Also stated in the letter (standard sentence) that you can apply for work permit under transliatonal arrangements provided he has been working for the employer in skilled job for 8 months before applying.

(I was just wondering, if he is not eligbile to get benefit of transitional arrangment for work permit then why that para is added in refusal letter)

He was in doubt if it is possible to apply wp under tranlational arrangement because he applied as self employed... and not working for employer for 8 months.... So there is a kind of contraditon in the refusal letter for HSMP team.


My friend arranged a skilled job in order to qualify for work permit under translitional arrangement of HSMP as advised in the refusal letter. So that he can apply for work permit. In order to confirm it he called HO to confirm if she can apply for work permit under transitional arrangement of HSMP. However, HO has clearly told that you can not apply for work permit under transitional arrangments as you need to working for that employer for 8 months.

He contacted a local consultant in the London to ask for the advise. Consultant told that the only way out is Full Commercial work permit just like any other work permit.

WHAT DO YOU SUGGEST: IS THERE ANY WAY OUT (ANY OTHER ROUTE) FOR THE APPLICANT TO STAY IN THE COUNTRY?

So it is quite clear:

If you apply as self employed under tranlational arrangement and your application is refused then there is no way out for staying in the country except applying for full normal work permit.

If you do not score 75 points and you have not been working for full 8 months for any employer then you are not entitled to apply for wp under translational arrangement.

So, the advice for all of you to have all possible outcomes in your mind before applying...

If you score 75 points then no problem you get extensionn.
If you do not score 75 points then you are eligible for transitonal route
a) Apply for work permit (if you have been working for 8 months in a skilled job with an employer
b) Apply as self employed (if your application is refused for lack of evidences provided as mentioned in FLR(HSMP) form and guidance then your application is refused and there is no way out apart from applying a normal full commercial work permit as any other work permit.

Please give you thoughts on the above case...........

[engrmbk]

Rizwan,

Mughal is right, Find other guys like you and go together to the court. Already there is one case (from many HSPMs) under progress against HO and I hope it would be in the favour of HSMPs.

Regards,
Basharat

[quote="rizwan567"]My friend's HSMP extension details:

Applied as self employed under translational arrangements of HSMP.

Appiled on: 28th Nov
Ref Rd on: 2nd Dec
Payment cleared by chq around: 5th Dec
Decision received: 10 Jan

Documents and passport are kept by HO.