HSMP Extention

[drjabberwocky23]

Dear all,

I was wondering if there was a time limit before a HSMP Visa can be renewed?

For example, if one was granted their initial HSMP Visa for 2 years, is there some requirement whereby you must apply for a renewal only 2 months before it expires? Or is there any reason why somebody could not apply at any point in the final year of expiry?

I've had a basic look around the web and can't find the answer to that question, so wondered if any of you guys could help me out?

Many thanks!
drjabberwocky23

[mna8]

HI,

I rang HO and one of the agent told me that it is possible to apply early but when I send email they replied that it is not possible, we can only apply one month before the expiry of the existing leave to remain.

If we apply early and they reject then what will happen to the old leave to remain?

Thanks

[drjabberwocky23]

Common sense would dictate that the existing leave to remain would continue. I'm not sure if it would have any future impact on further applications for leave to remain, however.

But I somehow doubt that common sense and immigration are compatible these days.

[SYH]

Dear all,

I was wondering if there was a time limit before a HSMP Visa can be renewed?

For example, if one was granted their initial HSMP Visa for 2 years, is there some requirement whereby you must apply for a renewal only 2 months before it expires? Or is there any reason why somebody could not apply at any point in the final year of expiry?

I've had a basic look around the web and can't find the answer to that question, so wondered if any of you guys could help me out?

Many thanks!
drjabberwocky23

why do you want to appy early

[drjabberwocky23]

That's a fair question!

OK - I'm a doctor in training and applied for my HSMP successfully in February last year with a 2 year visa. At present, there's a huge push from the Department of Health towards freezing out "foreign" doctors from the training process. An idea I can see the rationale behind, but it penalises a large number of doctors who are virtually settled here otherwise and who have contributed to the NHS in many ways.

To cut a long story short, I've been in the UK for over 8 years already, and see this as my home (I've been here since I was 18). I've spent 6 years here as a student, 1.5 under permit free training, and just under a year now on the HSMP. I'd theoretically qualify for ILR in another year and a half (September 2009), while my HSMP lasts till February 2009. In an ideal world, I'd wait till February next year, renew my HSMP, and then apply for ILR in due course. Unfortunately, recent events have made me deeply mistrustful of both the Department of Health and the Home Office and my fear is that the goalposts for either the HSMP or ILR will be moved again.

Consequently, if I had a visa that covered me beyond September 2009 (i.e. a 3 year early renewal of the HSMP), I'd be breathing a lot easier...

[SYH]

That's a fair question!

OK - I'm a doctor in training and applied for my HSMP successfully in February last year with a 2 year visa. At present, there's a huge push from the Department of Health towards freezing out "foreign" doctors from the training process. An idea I can see the rationale behind, but it penalises a large number of doctors who are virtually settled here otherwise and who have contributed to the NHS in many ways.

To cut a long story short, I've been in the UK for over 8 years already, and see this as my home (I've been here since I was 18). I've spent 6 years here as a student, 1.5 under permit free training, and just under a year now on the HSMP. I'd theoretically qualify for ILR in another year and a half (September 2009), while my HSMP lasts till February 2009. In an ideal world, I'd wait till February next year, renew my HSMP, and then apply for ILR in due course. Unfortunately, recent events have made me deeply mistrustful of both the Department of Health and the Home Office and my fear is that the goalposts for either the HSMP or ILR will be moved again.

Consequently, if I had a visa that covered me beyond September 2009 (i.e. a 3 year early renewal of the HSMP), I'd be breathing a lot easier...

I don't think you are the only one who is anxious about the different rules coming into effect. I would write in your application, that you applying for extension due to the uncertaintly involved in the changes and you do not wish to be caught up in any difficulties at the 10 year mark when you are eligible to apply for ILR. that's why I asked, as they will want to know too and they have approved people earlier for things like mortgages, so they should understand this reason too

[hari15]

If you read the guidelines, it clearly states that we can apply only atmost 5 weeks before the expiry of current leave.

We cannot apply before

If it is anyway possible, I will be the first person to apply now. Because I qualify for extension now, not sure about my qualification under new rules which is coming on march

[SYH]

If you read the guidelines, it clearly states that we can apply only atmost 5 weeks before the expiry of current leave.

We cannot apply before

If it is anyway possible, I will be the first person to apply now. Because I qualify for extension now, not sure about my qualification under new rules which is coming on march

For extensions, many people have applied early and have gotten approved. You can not apply for ILR too early as you may not qualify.

[hari15]

For extensions, many people have applied early and have gotten approved. You can not apply for ILR too early as you may not qualify.

Is it?? Can we apply early for HSMP extennsion (not for ILR) if we qualify? Is that not against guidelines? what if they reject that application?

If this is the case, Many will apply early to get the benefit of age points who is crossing 30 age mark near the actual date of expiry

If it is really legal to apply for extension more than 5 weeks before the expiry of current HSMP visa, please confirm.

[kck9]

For extensions, many people have applied early and have gotten approved. You can not apply for ILR too early as you may not qualify.

Is it?? Can we apply early for HSMP extennsion (not for ILR) if we qualify? Is that not against guidelines? what if they reject that application?

If this is the case, Many will apply early to get the benefit of age points who is crossing 30 age mark near the actual date of expiry

If it is really legal to apply for extension more than 5 weeks before the expiry of current HSMP visa, please confirm.

Yeah you are right... the case worker know that people will take an advantage by using this approach. Thats why they generally ask for the reasons and it is upto him what he can decide about your situation and we cant even challenge his decision.

[pantaiema]

Read this positng, It will answer your question.

http://www.immigrationboards.com/viewtopic.php?t=22099

[drjabberwocky23]

Thanks for that guys.

So it looks like 6 - 12 weeks before expiry is the generally accepted window for renewal of the HSMP. Though one or two seem to suggest that they've managed to get it a year in advance!

I don't know if I submitted an early application if it'd be treated favourably, given that my reasons are simply because of the fear of uncertainty, rather than anything concrete - like a mortgage, family, etc.

[herts]

drjabb, flr is normally issued for 3 years. Even if you get flr stamped from say feb 2008 till feb 2011 you are not at loss. What is the worst thing that can happen, your £350 is wasted, they return your application, thats it, what other things can HO do.

[drjabberwocky23]

Will an unsuccessful application impact negatively on any future applications though?

[pantaiema]

I did not say 6-12 is fine. I said 6 weeks in advance is fine.
Please note that whathave been claimed by people in this forum is not necessarily my view, I am just reporting it. U need to make your own judgement (and of course your own risk)whether what have been claimed by people is true or not.

Thanks for that guys.

So it looks like 6 - 12 weeks before expiry is the generally accepted window for renewal of the HSMP. Though one or two seem to suggest that they've managed to get it a year in advance!

I don't know if I submitted an early application if it'd be treated favourably, given that my reasons are simply because of the fear of uncertainty, rather than anything concrete - like a mortgage, family, etc.

[pantaiema]

I agree with this.

. What is the worst thing that can happen, your £350 is wasted, they return your application, thats it, what other things can HO do.

[pantaiema]

I think the answer is depend on the basis of rejection

- If it is because does not meet the point it will not impact negatively on any future applications. U could alwasy RE-apply in the future once U get enough points.

-Howver if the basis for rejection because of Fraud/Deception then it will impact negatively on any future applications.

Will an unsuccessful application impact negatively on any future applications though?

[herts]

Well what negativity would it have in your case though. You I suppose certainly can claim points straighforward, may be you may be getting more than 75 points.

[drjabberwocky23]

No - I appreciate that. All advice is greatly appreciated nonetheless.

I did not say 6-12 is fine. I said 6 weeks in advance is fine.
Please note that what people have claimed by people in this forum is not necessarily my view. I am just reporting it. U need to make your own judgement (and of course your own risk)whether what have been claimed by people is true or not.

Thanks for that guys.

So it looks like 6 - 12 weeks before expiry is the generally accepted window for renewal of the HSMP. Though one or two seem to suggest that they've managed to get it a year in advance!

I don't know if I submitted an early application if it'd be treated favourably, given that my reasons are simply because of the fear of uncertainty, rather than anything concrete - like a mortgage, family, etc.

[hari15]

What if they find the reason for the early application as a way to cheat home office? If they reject on that basis wont it affect future application?.

Because it is clearly stated in Guidance note as 'atmost 5 weeks' before the expiry date. If we apply before, either we should do it in ignorance (that they wont believe) or we may need to avoid uncertainity / get age advantage. There cant be any other reason for this. But both these reasons are wrong reasons. We cant say any other reason for applying before 3 months.

Atleast if apply within 3 months of expiry we can say as we are going abroad (showing the ticket). But more than 3 months we cannot be in abroad being a HSMP holder I think applying before 3 months should be certainly difficult unless we are officially sent abroad for more than 3 months

If we apply for it without that official reason, We can get through if we are really lucky, But still I think applying early is somewhat risky.

[drjabberwocky23]

Well what negativity would it have in your case though. You I suppose certainly can claim points straighforward, may be you may be getting more than 75 points.

I would. I qualify in terms of points at the present, but would probably also qualify in a years time (assuming the points system does not change, or I don't suddenly lose my job etc.).

Pantaiema - deception wouldn't be anywhere near my mind!

I don't think they could reject me on the basis of points
Nor in terms of criminal record/genocide history/terrorism, etc.

If I were rejected, it would be only because I had applied too early (if such grounds are valid), or alternatively at their own discretion!

[drjabberwocky23]

What if they find the reason for the early application as a way to cheat home office? If they reject on that basis wont it affect future application?

That's what I'm worried about, Hari.

Eventhough my points tally would qualify me now and in a years time....unless the rules change for the worse (i.e. the nightmare scenario that I'm trying to avoid).

[herts]

drjab, if job prospects look dim till your flr expires, then worth giving a try now. Yeah the basis of rejection for early flr will only, 'applied early'.
Cant think of anything else at this point. I would try to ask my friend who is a consultant, that what would be the implications.

[herts]

drjab, will you be claiming age points for claiming 75 pts ? will the age pts become less if you apply next year ? If by only qualification and salary you are claiming 75 pts then what can HO say.

[drjabberwocky23]

drjab, if job prospects look dim till your flr expires, then worth giving a try now. Yeah the basis of rejection for early flr will only, 'applied early'.
Cant think of anything else at this point. I would try to ask my friend who is a consultant, that what would be the implications.

That's what I mean, mate. Can they reject somebody for having "applied too early" despite the points, etc. being met, and despite continuing to remain in appropriate employment?