Tierd 1 (Genral) Migrant 2nd Extension or ILR

[dba_kkk]

Hi All,

I fall under the HSMP forum Ltd judicial review policy document (dated FINAL 9 July 2008, per below links)
http://www.ukba.homeoffice.gov.uk/sitec ... cialreview

Below is the Time line:

1. HSMP Approval Letter: July 2006;
2. Visa Stamped: October 2006;
3. First entered in the UK: Dec 2006;
4. Got the first Extension for 3 Yrs: Oct 2008 Applied under FLR (HSMP) and
My extension was issued under Tier 1 (General) Migrant category. I got visa only for 3 Yrs.

But as per the FLR Tier 1(HSMP) Guidance Notes
Extension should grant you either three years' leave or enough leave to take you to the settlement threshold, whichever is the greater.
But in my case I entered 2 months late after my EC got stamped hence I fall 2 months short to apply for ILR/PR. but my extension was granted only for 3 years.

I am not sure how should I appeal for this because my visa was granted in (Oct 2008) and it was not enough for settlement threshold.
I don’t want to pay them for one more extension

In case if I have to apply one more extension under Tier 1 (General) Point base system which rules will apply to me? (old or new)



Thanks,
k

[geriatrix]

The period of leave (initial or extension) is 2 or 3 years to make up a total of 5 years. You fall short of the 5 years period because you entered UK more 28 days later from the (initial) visa issue date.

Under current rules you'll need to apply for another extension before you become eligible for settlement. You'll apply for extension under the old HSMP rules (not Tier 1 qualifying criteria).


regards

[rizwan567]

The period of leave (initial or extension) is 2 or 3 years to make up a total of 5 years. You fall short of the 5 years period because you entered UK more 28 days later from the (initial) visa issue date.

Under current rules you'll need to apply for another extension before you become eligible for settlement. You'll apply for extension under the old HSMP rules (not Tier 1 qualifying criteria).


regards

I dont agree with sush on this. According to papras 8-9 of guidance for such group it is clearly stated:

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


Migrants who currently hold HSMP leave and have either applied for an extension of stay or will need to do so in the future

8. The requirements for an extension of stay will be those that were in place before 7 November 2006.

9. If an applicant meets these requirements we will grant them:
a. Three years’ leave; or
b. Enough leave to enable the applicant to complete the qualifying period for settlement, whichever is the greater.

You should have been given enough leave to cover the time for ILR. Please write to your case worker refering the above.

You can find the name and adddress from the letter you received along with your visa extension last time.

[yakovnewman]

does this rule covers only the HSMP (JR) applicants?
i have almost the same problem with my tier 1 general application. the visa stamp date on my passport is 16th of May and i travelled on the 26th June so almost 12 days short to apply for an ILR

Thanks

[hass]

Hello all,

I have a similar case. thinking of what to do and how to appeal.

1st EC - Dec 06-Dec08 - 2 years
enterd in UK - March07
1st FLR- Dec08-Dec11 - 3 years

Short - 3 months

When I got my extension in 2008, I actually included a letter with my FLR applicateion(judicial review) that visa should be granted till March 2012 to cover my 3 years. But they only granted till Dec11 with a letter that it would be sufficient for ILR. So I got satisfied that if Case worker has said it would definetely be suffient and they might consider the date 1st EC was granted.
But now I have read on the guiadance notes for ILR that for out of country application the period counts from the date of entry. This is making me feel either I have to fight or pay for 2nd FLR.
Please share your experiences as there would be many more that would be in the same boat.

Regards

Hass

[snabbasi]

To the best of my knowledge, it is very common for people who entered UK on HSMP/ Tier 1, having to apply for an additional extension, after initial extension, to make up for the time period required to apply for ILR; of course it does not make any sense catching next day flight to UK after getting your visa stamped. I could not find a case in court or a petition, requesting to change eligibility for ILR to 4 years and 9, so that a person immigrating have three months to settle / wind up your engagements in home country.
I believe, there are other categories where you can enter within three months, without a need for additional extension.

[dba_kkk]

please follow my update on this topic

http://www.immigrationboards.com/viewto ... highlight=


cheers
kalyan