HSMP -> Tier1 Extension for 2 years - HELP URGENT

[Archanapuru]

Hi Seniors,

I just got my HSMP (initial 2 years) to Tier1 extension and to my surprise the visa was stamped for only 2 years from today - 16Sep09.

But my HSMP visa was supposed to expire on 10 Jan 2010 and the new visa is granted till 10 jan 2012. When I enquired immediately they told me that the visa is for 3 years keeping in mind current year 2009 and leave date Jan,
ie: they told me that the visa is granted for 3 years = 2009+3 = 2012.

Now I almost missed a year and would need to go for another extension.

Please help me how to resolve this issue.

Thanks.

[push]

Hi Seniors,

I just got my HSMP (initial 2 years) to Tier1 extension and to my surprise the visa was stamped for only 2 years from today - 16Sep09.

But my HSMP visa was supposed to expire on 10 Jan 2010 and the new visa is granted till 10 jan 2012. When I enquired immediately they told me that the visa is for 3 years keeping in mind current year 2009 and leave date Jan,
ie: they told me that the visa is granted for 3 years = 2009+3 = 2012.

Now I almost missed a year and would need to go for another extension.

Please help me how to resolve this issue.

Thanks.

Although, HO seem to be doing it as a norm, There is no rule to suggest that when one applies for an extension well in advance of expiry of current leave one would be granted an extension for 3 years from the date of expiry of his/her current leave.

[Archanapuru]

Thanks Push for your quick response.
But this is neither 2 years nor 3 years, thereby I may miss 1 year for ILR.
Just wanted to know what I can do further in this regards or has anybody undergone same experience.

Any suggestion would be greatly appreciated.

Thanks.

[cheshiregoan]

Thanks Push for your quick response.
But this is neither 2 years nor 3 years, thereby I may miss 1 year for ILR.
Just wanted to know what I can do further in this regards or has anybody undergone same experience.

Any suggestion would be greatly appreciated.

Thanks.

You should contact the Home Office and ask them the reason for awarding you with a 2 year visa.

Page 10 of the Tier 1 (General) Policy Guidance clearly states that where previous grant of leave was not as a Tier 1 (General) participant, visa is given for 3 years.

[Archanapuru]

Thanks cheshiregoan for your suggestion and the policy guidance reference. I will contact as suggested by you and update this post.

Thanks a lot

[alladin]

Thanks cheshiregoan for your suggestion and the policy guidance reference. I will contact as suggested by you and update this post.

Thanks a lot

Hello, did you give any cover letter for the application when you submitted citing the reasons for applying early?
anyways, I believe this could be an error from the case worker..

thanks,
alladin

[vish_shan]

Hi Seniors,

I just got my HSMP (initial 2 years) to Tier1 extension and to my surprise the visa was stamped for only 2 years from today - 16Sep09.

But my HSMP visa was supposed to expire on 10 Jan 2010 and the new visa is granted till 10 jan 2012. When I enquired immediately they told me that the visa is for 3 years keeping in mind current year 2009 and leave date Jan,
ie: they told me that the visa is granted for 3 years = 2009+3 = 2012.

Now I almost missed a year and would need to go for another extension.

Please help me how to resolve this issue.

Thanks.

Hello,

I have seen your post and thought of just giving more info regarding it.
Clearly its a mistake from the case worker and instead of mailing or contacting them in a casual way, I would like to take it in a professional way by making a complaint towards them.

Firstly according to the immigration rules in part 6A ,245D,subsection (b), as shown below you should be granted 3 years of leave . This is a strong point and this is clearly a mistake from the case worker.

245D. Period and conditions of grant
(b) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant,
(ii) for a period of 3 years, to any other applicant.


you can find the link here. http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

So your visa should be stamped for 3 years from the expiry.

secondly , there is no rule anywhere in the website saying that you can't apply so many months early.


For applications made inside the United Kingdom
If you are already in the United Kingdom, you should apply to stay as soon as possible and before your current leave runs out. We encourage you to apply one month before your leave runs out.


The above contents can be found at
http://www.ukba.homeoffice.gov.uk/worki ... y/#header1

Since its a mistake from the case worker, you can raise a complaint to UK Boarder agency. You can find the link over here
http://www.ukba.homeoffice.gov.uk/conta ... complaint/

Its a very easy process and you can go through the link.I hope it would be resolved. If it is not resolved after going through the process, still you can contact the local MP as they are violating the immigration rules .

All the above process may sound lengthier and tiresome, but as for my opinion it is not.

I know 820 GBP is a big deal of money and making a complaint is definetly worth it.

Hope this helps.


Cheers,
vish.

[Archanapuru]

Hi,

I would like to thank everybody for your kind advice.
I am happy to say that today morning I got a call from HO and they told me that my visa was stamped incorrectly and asked to come in person and get it corrected. Today I have done that and got an extension for 3 years

Once again thanks a million.

I understood from this that if the case is genuine, please do not hesitate to ask and rectify. HO people are very kind and helpful in responding and solving our problems.

Thanks.

[cheshiregoan]

Hi,

I would like to thank everybody for your kind advice.
I am happy to say that today morning I got a call from HO and they told me that my visa was stamped incorrectly and asked to come in person and get it corrected. Today I have done that and got an extension for 3 years

Once again thanks a million.

I understood from this that if the case is genuine, please do not hesitate to ask and rectify. HO people are very kind and helpful in responding and solving our problems.

Thanks.

Congrats. That was a very quick turnaround.

Just for future reference for any other members, can you please mention whether you applied by post, did you contact HO or did they contact you? Where did you get the new stamp from?

[vish_shan]

Hi,

I would like to thank everybody for your kind advice.
I am happy to say that today morning I got a call from HO and they told me that my visa was stamped incorrectly and asked to come in person and get it corrected. Today I have done that and got an extension for 3 years

Once again thanks a million.

I understood from this that if the case is genuine, please do not hesitate to ask and rectify. HO people are very kind and helpful in responding and solving our problems.

Thanks.

Congratulations .

[Archanapuru]

It was in-person and re-stamped based on the call from HO.

Thanks.

[vish_shan]

It was in-person and re-stamped based on the call from HO.

Thanks.

Can you brief a little about the whole process after you came to know it was stamped incorrect until you got it stamped correct. Have you raised any official complaint or it is just through emails you have contacted them.

[ashishashah]

can you please lets us know when your NEW visa is stamped from?
From todays date?Or from a future date(your old visa expiry date)?