HSMP, 1+3+1 EXTENSIONS

Rog · Post by **Rog** » Sat Jan 13, 2007 12:14 pm

I am not sure how legal resetting the clock for HSMP to WP is. EU has a rule that if any immigrant in a working visa completes 5 years stay, he/she would be granted ILR. So even if they want to move from 4 to 5 years to be in line with EU it is still not right that they reset the clock, since both HSMP and WP are working visas.

Also I know of a case of a person who after WHM visa successfully got HSMP visa last year and has been stacking shelves in Tesco and was up for renewal in Dec 06. He has just successfully obtained 4 year extension after submitting an urgent treatment form. I asked him how he made the 75 points, he just said that he used an immigration lawyer to 'adjust' the paperwork and also he happened to be below 28 so could make the points. He has now gone to his home country to celebrate for a month and will come back and resume his job in Tesco. So HO just wants younger work horses who will pay taxes for a longer time and not really bothered whether they are in a skilled profession.

jaiswal · Post by **jaiswal** » Sat Jan 13, 2007 6:56 pm

HI

I am also in the same boat, i came to ul in sept 3 and got visa for 1 year after that, get the extension for next further three years, now my visa need extension in aug07, but

again like all of you i am unable to get 75 point because i want to stick to the job , so i didnot bother to change or for hight salrry.

now i am on catch 22 position.

please let me know whats the difference between self employed or being a director of limited company, can i show my sarty as earning though company yet to show any results or earning?

apart from that i have written letter and faxes to our local MP and i am also trying to catch hold of DAILY MAIL AS WELL AS Telegraph

but we should keep on trying and i believe the only way out is taking them into court.

LondonBlonde · Post by **LondonBlonde** » Sat Jan 13, 2007 7:28 pm

jaiswal - Sorry to hear about your situation. Are you going to attempt a self employment application?

About your question, HO will make no distinction between self employed and director of a limited company if you are the owner in each case. You should apply as self employed if this is you.

If you share ownership, you might not be self employed.

LondonBlonde

ajani · Post by **ajani** » Sat Jan 13, 2007 8:37 pm

I have just confirmed from IND website the meaning of the term 'variation of leave'.

Where an applicant makes an application for further leave to remain before the expiration of his visa, his leave is extented until a decision is made in addition to preserving his right of appeal.

One less worry for me, as my leave expires next friday.

jaiswal · Post by **jaiswal** » Sat Jan 13, 2007 9:06 pm

LondonBlonde wrote:jaiswal - Sorry to hear about your situation. Are you going to attempt a self employment application?

About your question, HO will make no distinction between self employed and director of a limited company if you are the owner in each case. You should apply as self employed if this is you.

If you share ownership, you might not be self employed.
LondonBlonde

hiLondonBlonde
thanks for your reply, yes i have one partner who is 50/50 partner/share.

so what to do?

thanks

LondonBlonde · Post by **LondonBlonde** » Sat Jan 13, 2007 9:36 pm

jaiswal - you will need to contact HO, as I don't think anyone on this board can give you a definite answer.

If I had to guess, I would say that HO will still see you as self employed. The question is, does your role as owner make your paycheck an arbitrary amount? At 50%, I would say definitely. You are still essentially paying yourself, but with permission from your partner.

Let us know what HO says alright?

LondonBlonde

jaiswal · Post by **jaiswal** » Sun Jan 14, 2007 10:07 am

Hi thanks for your reply, yes i am going to contact HO
but my logic is that if i go for second job i will show salry slip and p 60 , the same thing i will show here in my company geting reguler income salry and with my permission of partner, so i dont thinks there will be a problem

please give your comments

thanks

ybyuan2001 · Post by **ybyuan2001** » Mon Jan 15, 2007 5:18 pm

To be honest, I do no trust those staff in HO whom provide the information.They do not know all the policy,regulation,etc.Let's take a very simple example here,I used to call NTL to try to sort some problems out,but they just gave me different answers each time.

Those people work in the HO can be very lazy,they probably hardly finsih your E-mail.

I do not hope that HO will swicth 5 back to 4.But I do think they might do something in the future regarding to 1+3+1.If they are not going to do it,many companies will even complain them .It may occures some big problems to those companies that hire HSMP group.

Anyway,HO sucks!

LondonBlonde · Post by **LondonBlonde** » Thu Jan 25, 2007 12:13 pm

AJANI - any news on your application for extension?

ajani · Post by **ajani** » Thu Jan 25, 2007 2:27 pm

LondonBlonde,
Might hear some news next week. Will keep you posted.

shockboy2000 · Post by **shockboy2000** » Thu Jan 25, 2007 2:30 pm

Rog wrote:I am not sure how legal resetting the clock for HSMP to WP is. EU has a rule that if any immigrant in a working visa completes 5 years stay, he/she would be granted ILR. So even if they want to move from 4 to 5 years to be in line with EU it is still not right that they reset the clock, since both HSMP and WP are working visas.

WHM is a working visa too, how does that fit in with *EU* regulation on 5 years = ILR ?
I know UK dont want to recognise WHM towards ILR, but if my time on WHM can somehow be counted towards ILR - heck, i might make the effort to stay here for 5 years in this miserable country.

Also, when i came over on WHM, the WHM allowed skilled work for up to 2 years (now WHM is supposedly capped at 1 year, nonskilled work only, rest should be holiday).

Rog · Post by **Rog** » Thu Feb 01, 2007 8:41 pm

HSMP holders of Indian origin are approaching the courts to obtain justice as per below article. The prayers of of all those affected from all nationalities would be with their efforts. (I know the pro - retrospective changes group would be feeling the opposite)

http://timesofindia.indiatimes.com/Migr ... 552802.cms

ybyuan2001 · Post by **ybyuan2001** » Fri Feb 02, 2007 12:53 pm

Hi Rog
Thanks for your post.Finger crossed.

ybyuan2001 · Post by **ybyuan2001** » Fri Feb 02, 2007 1:03 pm

I worry abt my case,the visa will be expired next year,but my wife and children are all here.We are also planning to buy a property.I do not know what am I gonna do if I will be failed for obtainning another one year visa.

gloria · Post by **gloria** » Fri Feb 02, 2007 10:22 pm

To ybyuan2001,

My visa will expire next year too. As I am living in uncertainty, I have joined the HSMP Forum to fight against the Home Office. A number of members in this Forum can claim more than 75 point, but they still join to protect their right.

Best wishes

ajani · Post by **ajani** » Sat Feb 03, 2007 4:45 pm

I finally received my documents back from homeoffice this morning. Below is my timeline and documents submitted,

10 January 2007-application posted
11 January 2007-application received and debit card charged
12 January 2007-acknowledgement received by post.
26 January 2007-urgent treatment fax.
2 february 2007-application approved
3 february 2007-documents received with three years approval(1+3+3).I sent doc by special delivery envelope and included same for return of mail.

Documents submitted,

1-Original Msc Certificate from UK university.
2-Photocopy of Initial 3years HSMP approval letter.
3-Original IELTS test certificate.
4-Payslips from National Probation Service for a period of 12months. I applied as self-employed, but i work for Probation as a SESSIONAL ASSISTANT MANAGER only when i am free from my business. As a matter of fact, this means i work for the homeoffice.(NPS is under the homeoffice)
5-Limited Liability Incorporation Certificate
6-HMRC registration documents.
7-Abbey Business Bank account.
8-Detailed Business plan-for anybody applying as self employed, my advise is that you utilise this document to sell your business potentials to the homeoffice.
8-Contract documents and invoices to clients.
9-Practising Certificate issued by the Institute of Chartered Secretaries and Administrators allowing me to engage in public practice in UK, Channel Islands and the Isle of Man.
10-personal bank statement.
11-Telephone bill in company name.
12-Birth and Marriage Certificates(6 dependants,5 children aged 8-17 and my wife.

Please note that all the Business documents have the same address as my residence. I operate from home and this is basically allowed.

Hope this information helps people like LondonBlonde who intend to apply under the transitional arrangement for self employed. Good luck guys.

yhdyhd · Post by **yhdyhd** » Sat Feb 03, 2007 5:56 pm

ajani wrote:I finally received my documents back from homeoffice this morning. Below is my timeline and documents submitted,

10 January 2007-application posted
11 January 2007-application received and debit card charged
12 January 2007-acknowledgement received by post.
26 January 2007-urgent treatment fax.
2 february 2007-application approved
3 february 2007-documents received with three years approval(1+3+3).I sent doc by special delivery envelope and included same for return of mail.

Documents submitted,

1-Original Msc Certificate from UK university.
2-Photocopy of Initial 3years HSMP approval letter.
3-Original IELTS test certificate.
4-Payslips from National Probation Service for a period of 12months. I applied as self-employed, but i work for Probation as a SESSIONAL ASSISTANT MANAGER only when i am free from my business. As a matter of fact, this means i work for the homeoffice.(NPS is under the homeoffice)
5-Limited Liability Incorporation Certificate
6-HMRC registration documents.
7-Abbey Business Bank account.
8-Detailed Business plan-for anybody applying as self employed, my advise is that you utilise this document to sell your business potentials to the homeoffice.
8-Contract documents and invoices to clients.
9-Practising Certificate issued by the Institute of Chartered Secretaries and Administrators allowing me to engage in public practice in UK, Channel Islands and the Isle of Man.
10-personal bank statement.
11-Telephone bill in company name.
12-Birth and Marriage Certificates(6 dependants,5 children aged 8-17 and my wife.

Please note that all the Business documents have the same address as my residence. I operate from home and this is basically allowed.

Hope this information helps people like LondonBlonde who intend to apply under the transitional arrangement for self employed. Good luck guys.

Great. Have a question. Have you claimed 75 score? It looks that you did not provide the accounts of your business?

ajani · Post by **ajani** » Sat Feb 03, 2007 6:00 pm

The transitional arrangement is for those that cannot score 75 points but are self employed, i did not score 75 points.

I provided a business bank account statement as can be seen from my post.

JATIN · Post by **JATIN** » Sun Feb 04, 2007 5:46 pm

Dear all,

This is the right time to raise point of 1+3+1 extension to HO, because as the time passes and few applicants apply with Flr(hsmp)form , rest of all will have to use the same form and will have to pass thru' the same criteria of 75 points.

So , it is advisable for everyone who comes under 1+3+1 extension-do represent our case firmly and ask HO for proper solution of extension process as per the commitment in initial stage- at the end of 1+3 period-indefinate stay come automatically.

It clearly shows that this government is discriminating for age. which contradicts the human laws of this country ..... really... weird !

For new applications, it might be alright but those who have really contributed in the growth & preosperity of this country since last couple of years are being evacuated. Why ? It is indeed un-fare policy of this government.

By doing this government is encouraging people to indulge in wrong practices and ultimately ending to more frauds!

Any positive news/development for HSMP-1+3+1 extension?

ybyuan2001 · Post by **ybyuan2001** » Mon Feb 05, 2007 12:49 pm

Hi Gloria
I joined the HSMP forum and againsted HO.Thanks for your information.

Hi Ajani

How come that you obtained 1+3+3.You only need one more year to go.I don't understand.

Thanks

webhunter · Post by **webhunter** » Mon Feb 05, 2007 2:48 pm

It does'nt matter how long you have before your ILR is due, once you apply for an extension, it is automatically given for 3 years. Except for the special case where 4 years is given if you initial visa was for only 1 year.

talk2santosh · Post by **talk2santosh** » Tue Feb 06, 2007 12:13 pm

I also fall under the same category 1+3 years extension. Towards the end of 3 years, many of us find that our goal post has changed.

http://www.workingintheuk.gov.uk/workin ... p_faq.html?

Pt. 18

18. I was initially granted 1 year on HSMP, for how long will this be extended when I apply for an extension?

The Immigration Rules allow an extension of stay as a Highly Skilled Migrant to be granted for a period 'not exceeding three years'. However, in light of the changes to the Immigration Rules which came into effect on 3 April 2006, which increased the qualifying period for settlement from four to five years, you may be granted a four year extension.

They had changed the extension period between April 06 to Nov 06 for those who were affected by the change in rule for ILR. The luckones got extension of 4 years.

I do not know why they have kept in FAQ now when you can no longer obtain the extension.

The current guidance document version 3 dt 26.01.2007 has mentions explicitly

The HSMP requirements may change in the future. The Immigration Rules, which provide for entry into the UK under immigration categories including the HSMP, are also subject to change. The criteria for HSMP extensions may also therefore be subject to change in the future.

and at the same breadth it talks about

You must be willing and able to make the United Kingdom your main home. If you are successful in your HSMP application, and apply for leave to enter or remain, we will ask you to provide a written undertaking that you intend to make the UK your country of habitual residence.

HSMP rules only appears to be absurd. So the new applicants should give a thought, when they apply for HSMP and decide where to invest their time to make their permanent home.

ybyuan2001 · Post by **ybyuan2001** » Tue Feb 06, 2007 2:30 pm

so,suppose we still have to wait for the further information to those who fall 1+3+1?
does anybody obtain the extension without proving that he/she is self employment?

ATBPLC · Post by **ATBPLC** » Tue Feb 06, 2007 6:06 pm

This our group 1+3+1 is the most unfortunate. Has anybody heard about the Cout case?

mayana · Post by **mayana** » Wed Feb 07, 2007 1:42 pm

Your group is never unfortunate, You have to be positively minded

Mayana

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HSMP, 1+3+1 EXTENSIONS

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