HSMP, 1+3+1 EXTENSIONS

LondonBlonde · Post by **LondonBlonde** » Fri May 18, 2007 11:48 am

So far, no one has been rejected for 1+3+1 extension?

LondonBlonde

Rog · Post by **Rog** » Fri May 18, 2007 3:05 pm

There have only been a few 1+3+1 FLR applications so far which have been approved under the entrepreneur/self-employed category. Bulk of 1+3+1 FLR applications will come up from Sep 07 onwards

LondonBlonde · Post by **LondonBlonde** » Fri May 18, 2007 3:22 pm

Maybe I am the next one. Will apply in early July, then ILR in 2008 if all goes well.

LondonBlonde

makon · Post by **makon** » Sun May 20, 2007 10:57 am

Londonblonde, when you apply in July share your experience with all. Mine is due on 3rd Sept 07 and will keep everyone informed.

Rog · Post by **Rog** » Mon May 21, 2007 8:13 am

Do both of you meet the 75 points criteria under the retrspectively changed HSMP qualifying criteria ?

makon · Post by **makon** » Mon May 21, 2007 9:48 am

Yes, i meet the 75 points. My earnings is just Â£500 above the limit needed to gain enough points in the earnings category

ybyuan2001 · Post by **ybyuan2001** » Tue May 22, 2007 12:58 pm

My earning is not very good.But the job is secure.Dont wanna really change the job.I will extend the last year at Jul/2008.It seems that I have to change the job to meet the points.Otherwise it would be..........

I am really stressful......

LondonBlonde · Post by **LondonBlonde** » Tue May 22, 2007 8:54 pm

Rog

I might make the points and I might not.

Was lucky enough to start a ltd. company early last year well before the changes, so I'm sorted either way.

Well, unless HO drops another bomb soon that is.

LondonBlonde

ex123 · Post by **ex123** » Wed May 23, 2007 10:46 am

Rog wrote:The news of the court overturning the deportation notice given by Home Office to an HSMP holder granting his legitimate expectation is indeed good news. I am happy for the HSMP Visa Holder and his family who would have faced stressful times earlier.

As in his case he was in the first FLR stage, this makes the case for those at 1+3 level even stronger for legitimate expectation. Especially those who got a signed letter from Home Office with the 3 year extension, stating that they would be eligible for ILR after the 1+3 period. This letter would be a very important basis of legal challenge to the Home Office. One just has to be prepared for shelling out hard earned Â£Â£s for a legal battle. We should also contribute to the HSMP forum who are doing a great work in filing the JR which will ultimately benefit all HSMP holders.

I am in this Group as well. I fully agree with Rog that we should go for ILR straight away, rather than filing for 1 more year extension. If we are rejected, we can go for appeal. I am very confident we will win the case based on legitimate expectation which has been acknowledged by the Court (bearing in mind that HO did not file further appeal for GJ case. So, the decision is final).

I would rather pay 5000 to 6000 pounds for a legal battle than waiting for 1 more year with future uncertainties.

olisun · Post by **olisun** » Wed May 23, 2007 10:57 am

ex123 wrote:I would rather pay 5000 to 6000 pounds for a legal battle than waiting for 1 more year with future uncertainties.

Only time will tell whether you will be willing to spend Â£5000-6000 for a legal battle with the HO.

Papafaith · Post by **Papafaith** » Wed May 23, 2007 11:07 am

Rog wrote:The news of the court overturning the deportation notice given by Home Office to an HSMP holder granting his legitimate expectation is indeed good news. I am happy for the HSMP Visa Holder and his family who would have faced stressful times earlier.

As in his case he was in the first FLR stage, this makes the case for those at 1+3 level even stronger for legitimate expectation. Especially those who got a signed letter from Home Office with the 3 year extension, stating that they would be eligible for ILR after the 1+3 period. This letter would be a very important basis of legal challenge to the Home Office. One just has to be prepared for shelling out hard earned Â£Â£s for a legal battle. We should also contribute to the HSMP forum who are doing a great work in filing the JR which will ultimately benefit all HSMP holders.

We on this forum have our own JR filed too, we are represented by Stephen Kong, info on this can be found on www.vbsi.org.uk.
People on HSMP forum are contributing to their JR, we have our own contributions too. Though both JR's have been fixed on the same day, we are represented by different lawyers and have the same goal.

baskey · Post by **baskey** » Wed May 23, 2007 12:32 pm

Papafaith wrote:We on this forum have our own JR filed too, we are represented by Stephen Kong, info on this can be found on www.vbsi.org.uk.
People on HSMP forum are contributing to their JR, we have our own contributions too. Though both JR's have been fixed on the same day, we are represented by different lawyers and have the same goal.

Is it JR of VBSI and HSMP forum fixed on the same date?

Regds,

Baskey

HSMPnUK · Post by **HSMPnUK** » Wed May 23, 2007 1:17 pm

When is the exact date of hearing then?

Papafaith · Post by **Papafaith** » Wed May 23, 2007 2:37 pm

Yes they are both on the same day. 14th and 15th o June

ybyuan2001 · Post by **ybyuan2001** » Wed May 23, 2007 3:36 pm

finger crossed!

olisun · Post by **olisun** » Wed May 23, 2007 3:55 pm

Papafaith wrote:Yes they are both on the same day. 14th and 15th o June

I don't think the HSMP hearing is on the same day... But it seems on that day the HSMP guys will come to know if their JR application is submitted...

Or I may have missed something.....

Papafaith · Post by **Papafaith** » Wed May 23, 2007 5:06 pm

The Judge allowed them to present their case alongside our hearing, i think this is what it is.

http://vbsi.org.uk/index.php?mact=News, ... eturnid=15

http://vbsi.org.uk/index.php?mact=News, ... eturnid=15

The second link was the first date that was issued with the HSMP forum joining, the first link is the tentative date.

Rog · Post by **Rog** » Wed May 23, 2007 10:06 pm

Both the reviews are very important for all HSMP holders. Even those who are meeting 75 point criteria now; if Home Office are victorious now, there is no stopping them to raise this to say 95 points by the time the next FLR comes around. Also those who have obtained 4 years extension ie 1+4 will also have to face another FLR at the end of 4 years with the retrospective criteria since all HSMP holders would have entered UK at least 1-2 months after obtaining Visa hence would fall short of 5 years for ILR and would require another FLR. All our prayers are with the JRs.

bani · Post by **bani** » Thu May 24, 2007 7:38 pm

ex123 wrote:
Rog wrote:The news of the court overturning the deportation notice given by Home Office to an HSMP holder granting his legitimate expectation is indeed good news. I am happy for the HSMP Visa Holder and his family who would have faced stressful times earlier.

As in his case he was in the first FLR stage, this makes the case for those at 1+3 level even stronger for legitimate expectation. Especially those who got a signed letter from Home Office with the 3 year extension, stating that they would be eligible for ILR after the 1+3 period. This letter would be a very important basis of legal challenge to the Home Office. One just has to be prepared for shelling out hard earned Â£Â£s for a legal battle. We should also contribute to the HSMP forum who are doing a great work in filing the JR which will ultimately benefit all HSMP holders.
I am in this Group as well. I fully agree with Rog that we should go for ILR straight away, rather than filing for 1 more year extension. If we are rejected, we can go for appeal. I am very confident we will win the case based on legitimate expectation which has been acknowledged by the Court (bearing in mind that HO did not file further appeal for GJ case. So, the decision is final).

I would rather pay 5000 to 6000 pounds for a legal battle than waiting for 1 more year with future uncertainties.

I'm thinking of doing this too (just apply straight for ILR when my four years is completed in late 2008). The guidance notes clearly state that we should not be affected by HSMP revisions, and I am hopeful because of the two cases that have been won.

I hope the JR cases are successful this June. But if not, we can take the HO to appeal in groups (I'm sure hundreds are completing their 4 years under the HSMP every month).

aj77 · Post by **aj77** » Thu May 24, 2007 11:58 pm

bani wrote:

I'm thinking of doing this too (just apply straight for ILR when my four years is completed in late 2008). The guidance notes clearly state that we should not be affected by HSMP revisions, and I am hopeful because of the case that have been won by GJ

I do agree with bani.I would also apply straightaway for ILR after completion of my 4 years in Dec 2007.I also got the letter from HO stating that I can apply for ILR after completion of this period.If HO rejected my application, I would like to go to court instead of waiting for another year.

topoftheworld · Post by **topoftheworld** » Fri May 25, 2007 11:02 am

This sounds like a good idea.

I will also apply for ILR after completion of 4 years

MUGHAL · Post by **MUGHAL** » Sun May 27, 2007 10:18 am

dear all
apply further leave to remain according to old rules and go to the court because that way might be clear rather then having the option to go to work permit because there are many complication with that way but going to court it is very easy to win the case as retrospective changes with hsmp.
so do not cut the roots from uk by taking the option of work permit with fake documents etc.

Regards.
mughal

Rog · Post by **Rog** » Sun May 27, 2007 4:38 pm

Also for those who have completed 4 years on HSMP who are genuinely skilled it can be possible to obtain a WP and switch but it is not a prudent option as in this case the HO has deviously decided to restart your clock hence it would be a total on 9 years before you can even think of ILR and by then the rules may change even then. Hence it is best to go for a legal battle against the unjust retrospective application.

goodnews · Post by **goodnews** » Tue May 29, 2007 11:18 pm

Hi HSMP'ians

My 1+3 yr extension is due in Dec-07. I am with you guys shoulder to shoulder if HO office refuse ILR based on the new law then we have to stand together for our just rights.

We had a commitment from HO, that after 1+3 yr we will be given ILR provided our economic activity is sound and we prove that we are contributing successfully to UK without taking any benefits.
With the Mercy and THANKS of GOD The Almighty I can prove so far that I am contributing sufficient into the treasury as per the job skill that was stated in my initial applications.

The new law should not be applied to us, that is unfair. I strongly believe HO will look into this matter and I have great faith and trust in HO that they will stick to their commitment and words that was given to those applicants beofre the new law came into effect.

In any case, we need to start collecting email ids of all the HSMP'ians who fall into 1+3 yr category.
Regards
Goodnews.

LondonBlonde · Post by **LondonBlonde** » Wed May 30, 2007 9:11 am

topoftheworld wrote:This sounds like a good idea.

I will also apply for ILR after completion of 4 years

You will need a solicitor as each of you will be rejected when apply for ILR too soon. The tribunal case we all heard about was an appeal against deportation.

If you appeal against an ILR decision, I don't think you will have the same strength. An ILR decision may be seen as fair, whereas a deportation order may not.

Better to have an immigration solicitor sooner than later if you anticipate problems with your extensions. Remember that the immigrant who won the case had not been in the country for four years as you all will be. Your case will be stronger in my opinion.

LondonBlonde

Immigrationboards.com: Immigration, work visa and work permit discussion board

HSMP, 1+3+1 EXTENSIONS

I am falling in the same category