complicated case need to be discussed

[naeed]

hi all
i was granted hsmp in the year 2005

got extended for 3 yeras untill april 2009

due to ILR changes needed to get extension to cover 5 years so got extended untill april 2012(stamped as tier1 general)

due to judicail review on ILR applied for ILR assuming to get ILR in 4 years period but got refused for being out of country for more than 6 months.

Now my query is if atall i need an extension will my case be decided on old hsmp or on tier1(pbs)

another query is will my newborn babys visa will b decided on pbs or on old hsmp, if pbs do i need to show 800+533 as maintenance fund or 533 for my child is enough.

an expert advise is need please

[ukvisaguru_co_uk]

hi all
i was granted hsmp in the year 2005

got extended for 3 yeras untill april 2009

due to ILR changes needed to get extension to cover 5 years so got extended untill april 2012(stamped as tier1 general)

due to judicail review on ILR applied for ILR assuming to get ILR in 4 years period but got refused for being out of country for more than 6 months.

Now my query is if atall i need an extension will my case be decided on old hsmp or on tier1(pbs)

If you got TIER GENERAL, now you are extending Tier 1 General, so rules of Tier 1 wil lbe applied

another query is will my newborn babys visa will b decided on pbs or on old hsmp, if pbs do i need to show 800+533 as maintenance fund or 533 for my child is enough.

Both funds are not dependant on each other. £533 for your child's Visa and £800 for your Visa


an expert advise is need please

[/b]

[naeed]

thanks ukvisaguru_co_uk for the clarifications, appreciate ur reply.

my child is born in uk recently n i wanted to make her visa application alone so do i need to show only £533 as maintenance fund or do i need to show £800 of mine aswell(iam not making my applcation) please clarify.

Thanks.

[Spear]

Hi,
I disagree with ukvisaguru_co_uk about the Tier 1 rules. Since you got initial HSMP before Nov 07 2006, your extensions will always fall under the old rules. All pre Nov 07 2006 HSMP jr persons got a Tier 1 stamp since Tier 1 was introduced. However their extensions are under the JR old rules.

Paragraph 12 of the Home Office JR policy document states:
Migrants will be able to apply for subsequent extensions of stay under these provisions should they not wish to apply for settlement.

http://www.ukba.homeoffice.gov.uk/sitec ... cialreview

[raymasa2]

I agree with Spear, I think you can apply under HSMP JR.

Ray