Interesting Response from HO regarding Extension (1+3 case)

[jillsjack]

I sent and email to HO
here is the email

Hi,
I came to UK under HSMP category in April 2005 and got a 3 year extension in April 2006 which will expire in end of April 2009.
The rules have changed for HSMP extension since then and all applicants have to meet the points based criteria for extension.
I qualify under these new changes and meet the points threshhold.
My enquiry is that is it possible to apply for new 3 year extension now?
Such an extension would take me to 5 years and make me eligible to apply for ILR.
I ask this because the rules may change in future again and applied retrospectively and the uncertainty associated with it is uncomfortable and makes it impossible to plan for future.

Thanks and Regards

And here is the reply

Dear XXX,

Thank you for your email.

HSMP holders can apply for an extension to their visa whenever they like.
We usually advise this to be five weeks before the expiry date of the visa, but you can do this earlier.

I hope this is helpful.
Regards,

Does this mean that I can apply for extension now which takes me to the end of ILR eligibilty period. My FLR expires in 2009? I qualify now with Masters and 56 K gross pay. Any Ideas?

[SYH]

As they said you can apply anytime you want.

[Papafaith]

Jillsjack, you need to have a valid reason for doing so, the case worker is given the discretion. I got a three year extension when i had two years to go in my visa, this was before the new law came out.
I was then in the process of buying a house, the lender wrote me that they will not approve because the needed a minimum of 30months in my visa, so my apps would not be progressing, i sent the letter to home office querying their principle of integration to skilled immigrants, we discussed over the phone with the case worker and case manager who found in their case worker instruction manual, that the case worker has the allowance of discretion provided the applicant has a valid reason. So i was given three additional years. I have my leave till 2011 now.
IMHO you cant just apply for extension now unless you have a valid reason, that amount is too much to throw away.

[SYH]

Hi Jill,
Papafaith is talking about something else. He is talking about adding on to his extension whereas you are asking whether you can apply again for an extension instead of waiting for it to run out in the hopes of getting another 3 years or in this case being covered until 2010 instead of until 2009.
My only concern is if the HSMP evaluating officer will give you 3 years instead of 2 or 1. They can always do that too, they don't have to give you the 3 year got last time.

[Papafaith]

SYH, even when you need 1 yr, they give you a standard 3yr extension now. The issue is the timing, not the number of yrs needed. You need to convince the caseworker why you need the extensiion now instead of the standard 5weeks to expiration.
I ha 1+3 originally, so i woulld have needed another plus 1 anyway.

[SYH]

SYH, even when you need 1 yr, they give you a standard 3yr extension now. The issue is the timing, not the number of yrs needed. You need to convince the caseworker why you need the extensiion now instead of the standard 5weeks to expiration.

Well then JIL JAC you have no worries

[jillsjack]

I guess then it will be a good idea to site same reasons as papafaith. and in addition to that I can also give the reason of changing rules and applying the retrospectively. I have my self have been going thru the same problem of having difficulty to get finance for housing becasue of the limited nature of HSMP visa. what would u sugesst papafaith?

[Papafaith]

Jillsjack, you will have to show proof for whatever reasons you give.

[jillsjack]

Though I was told the about the duration od HSMP visa as a limitation by the Maortage advisors but i dont have any thing in wtriting. Papafaith, what did u provide as proof

[SYH]

Jill Jack it is common knowledge that ILR provides the benefits for mortgage approvals. If you want to add on to your HSMP term instead of reapply so you get it for one more then 3 year validity that would be highly irregular for the HO although it has been done. I don't see why they wouldn't approve a reapplication to move your date so you would be illegible for ILR at the end of the term but I don't think they need a letter about mortgage for that. Now if you want to add on to your HSMP term, then you need a good reason like Papafaith said and you would have to submit all the paperwork showing you are being held up accordingly

[Papafaith]

SYH is right.

[HSMPnUK]

I am one such (1+3) HSMP visa holders. Within 5 days of my spouse getting extension for 3 years, HO changed HSMP rule. (where they increased intial HSMP from 1 to 2 years and increased ILR from 4 to 5 years.)

So she emailed HO whether we could reapply. But HO said we could apply at the end of 3 years. Infact they quoted that "you have to prove that you are economically active at the end of 3 years." NOTE: there was no points system for extension at that time.

I would think of reapplying now if yours is successful. I would be atleast free of worries about anyother HSMP changes!

Let me know your future course of action and outcome of your application.

Thanks
HSMPnUK