Query Regarding FLR

[tehminamazher]

Hi,

I really want to thank all the senior and experts for the valuable opinions consultants are charging a lot of money to tell these things.

Me and my daughter are depndant of an HSMP landed here in UK on May 29,2010 and visa date on our passports is March 09,2010.

My husbands won an appeal under the old rules when the HSMP qualifying score was 65.

I want to know two things

1) When we should apply for the FLR?
2) How much earlier we have to apply for the FLR.
3)What will be the req for our case to qualify?
4) Whether our case falls under the Judicial Review and we have to show a certain amount of income earned or we need to be economically active.

As I am working in Sainsbuty for the last 4 months. My husband who is teh principal applicant worked for one and a half month but at present he is jobless.

Would be extremely thankful for the expert opinions of the seniors

Thanks in advance

Tehmina

[geriatrix]

What is the expiry date(s) mentioned on your and your husband's (current) visa?

When did your husband first arrive in the UK on the HSMP visa? And since then how many times he's been without a job / employment and for how long?


regards

[tehminamazher]

Extremely thankful for the reply.

here is the information u needed.

The expiry date on visas of all three of us is March 13, 2013

We all landed here in UK on May 29, 2010

My husband got work through recruitment agency and worked for one week, after that he got work through another recruitment agency and worked ther for 1 and a half month. As he was taxed under the emergency code BR he called the HMRC and told them he has got no job at the moment so refund him the excess tax deducted and they have asked hin to fill in some sorms and he has received the excess money deducted.

Now he is working with some people and getting the salary in cash and no tax and is being deducted.

Thanks in advance

[geriatrix]

You should apply for extension close to time that your current leave expires (Feb-Mar 2013).

If your husband is covered by HSMP JR, then he may apply for extension as per the old HSMP rules (and not Tier 1 qualifying criteria).

See also FLR Tier 1 (HSMP) form and guidance.


regards

[tehminamazher]

Thanks for replying.

The first time my husband filed HSMP application in Sept 2006 his letter states that HSMP qualifying points were 65.

How you have calculated the date for FLR?
How many extrensions we will need?


Can u plz tell wheter our case falls in the HSMP JR?

If it falls either my husband has to show certain income or he has to be economically active (what this means)?

Thanks is advance.

[geriatrix]

How you have calculated the date for FLR?

Based on the expiry dates you mentioned in your response above.

How many extrensions we will need?

Hopefully, only once but this cannot be answered with certainty at this stage, not until the duration of extension (that you'll apply for in 2013) is known.

Can u plz tell wheter our case falls in the HSMP JR?

If your husband submitted his HSMP application before November 2006, was refused initially but appealed and won the appeal, and then applied for entry clearance based on the decision of the appeal, then you are covered under HSMP JR.


regards

[tehminamazher]

Thanks this is a wonderfuls forum and thanks sushdmehta for clearing the things

I am not clear why are u saying this

Hopefully, only once but this cannot be answered with certainty at this stage, not until the duration of extension (that you'll apply for in 2013) is known.

Is there any uncertainity , also one extension for FLR which will of two tears and then we have to apply for ILR

If your husband submitted his HSMP application before November 2006, was refused initially but appealed and won the appeal, and then applied for entry clearance based on the decision of the appeal, then you are covered under HSMP JR.

Yes my husband submitted his application before November 2006 appeal and and long process. Umder this HSMP JR what earnings he has to show or he needs to be economically active ( whats meant by economically active) Also as I wrote earlier mu husband worked for around one and a half month with some recruitment agency that deducted his tax but now he is working with some one and getting wages in cash. what will be the impact of this of his FLR extension.

Also I am working in the sainsbury , can this give us any help in the FLR extension.

Thanks in advance.

[geriatrix]

husband worked for around one and a half month with some recruitment agency that deducted his tax but now he is working with some one and getting wages in cash. what will be the impact of this of his FLR extension.

Please refer to the guidance (link provided above) to understand the documents your husband will need to provide at the time of extension (e.g. - payslips, bank statements).

Also I am working in the sainsbury , can this give us any help in the FLR extension.

No. Whether or not dependant(s) are employed has no bearing on the application.


regards

[mk357]

Thanks this is a wonderfuls forum and thanks sushdmehta for clearing the things

I am not clear why are u saying this

Hopefully, only once but this cannot be answered with certainty at this stage, not until the duration of extension (that you'll apply for in 2013) is known.

Is there any uncertainity , also one extension for FLR which will of two tears and then we have to apply for ILR

If your husband submitted his HSMP application before November 2006, was refused initially but appealed and won the appeal, and then applied for entry clearance based on the decision of the appeal, then you are covered under HSMP JR.

Yes my husband submitted his application before November 2006 appeal and and long process. Umder this HSMP JR what earnings he has to show or he needs to be economically active ( whats meant by economically active) Also as I wrote earlier mu husband worked for around one and a half month with some recruitment agency that deducted his tax but now he is working with some one and getting wages in cash. what will be the impact of this of his FLR extension.

Also I am working in the sainsbury , can this give us any help in the FLR extension.

Thanks in advance.

Economically active means that your husband should try his best to get job in his field by sending applications to the various organisations where such vacancies arise. He has to show the list of applications sent and any interview calls that he gets.
By hopefully one extension means that to qualify for ILR you have to spend 5 years in this country and you can apply 4 weeks before the end of 5 years period meaning anytime after / between 4 years 11 months and 5 years. If your 1st extension is short of even 1 month like your 1st extension takes you to 4 years and 10 months you'll have to get extension for the 1-2 months period to qualify for the 5 years stay. So as suggested it would be better if you apply for the extension within the last 2 weeks of the expiry.
Good luck

[tehminamazher]

by reading that guidance I am literally condfused regarding the requiremebt for FLR

Can u plz explain them in simple terms.

What earning my husband has to show and for which period? (for the ILR purposes)

Economically active means that your husband should try his best to get job in his field by sending applications to the various organisations where such vacancies arise. He has to show the list of applications sent and any interview calls that he gets.

He has applied for many jobs in his field and other but got a letter from many plces that at present they have no vacancies . in future if there will be some they will let him know , but never heard from them.

At the time of applying FLR we will be four instead of three as i am expecting a baby we have to apply for the flr of the new born as the time of the new baby will be one and a half year whereas we will be completing around three years .

Please help me as i am tortally confused.

thanks in advance.

[tehminamazher]

can some plz advise me regarding our future case of applying hsmp extension ?

[tehminamazher]

Can someone plz answer my queries.

In the coming March our one year will be completed. I am working at the moment but my husband is not working .

I have reads the policy documnents and not clear abt

1) What earning my husband has to show at the time of applying flr?

2) For which period his earnings will be considered as one year is abt to end?

3) As said by sushdmehta that our case is covered by hsmp jr ( HO acknowlegdement of hsmp application was on Sept 2006) still we have to show above mentioned earnings?

4) What if my husband registers as self employed , what he has to show in that case


I will be extremely thankful if some senior helps me regarding these.

Best Regards



Can

[Sushil-ACCA]

Can someone plz answer my queries.

In the coming March our one year will be completed. I am working at the moment but my husband is not working .

I have reads the policy documnents and not clear abt

1) What earning my husband has to show at the time of applying flr?

ECONOMIC ACTIVE for all five years , how much earning is not important but no course to public fund

2) For which period his earnings will be considered as one year is abt to end?

clear the yr ?


3) As said by sushdmehta that our case is covered by hsmp jr ( HO acknowlegdement of hsmp application was on Sept 2006) still we have to show above mentioned earnings?


u need to be just surviving on yr fund or earnings without recourse to public fund

4) What if my husband registers as self employed , what he has to show in that case


he have to file tax return every year for his economic actice proof- there r other proof but filing tax return is main and solid one

I will be extremely thankful if some senior helps me regarding these.

Best Regards



Can

[tehminamazher]

Hi,

Few minutes ago my husband called this number 08706067766 and inquired abt the procedure to apply for the FLR, the customer representaive said that HSMP scheme is now closed and you have to apply under the Tier 1 general , my husband told him that I have rcvd the HO acknowledgment for HSMP application in Sept 2006 , but he said u have to apply under Tier 1 General and points based system.

Literally confused, whats happening and what will happen.


Seniors please guide us.

Regards

Tehmina

[tehminamazher]

Hi,

This is whats on the UKBA site

Migrants who applied to the highly skilled migrant programme between 3 April 2006 and 7 November 2006

This page explains the arrangements we have put in place for migrants who:

* received an HSMP approval letter on the basis of an application submitted between 3 April 2006 and 7 November 2006, and obtained entry clearance or permission to stary in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter;
*
have completed at least five years' continuous residence in the United Kingdom in a qualifying category; and
*
want to apply to settle in the United Kingdom.

You fall into this group if:

*
you were initially granted entry clearance or permission to stay in the United Kingdom for two years under the HSMP requirements; and
*
you then extended that initial permission by a further three years (unless you had already completed sufficient continuous residence in a different immigration route which can be amalgamated for settlement purposes).

As said above my husband recvd the HO acknowlegdemnet letter for his HSMP application in September 2006

Our passports were stamped with three years visa ending March 2013

the above material from the UKBA states

you were initially granted entry clearance or permission to stay in the United Kingdom for two years under the HSMP requirements; and

Some senior plz tell whether we fall under HSMP JR as were issued three years visas or it was a mistake and we need to rectify it.

Regards

Tehmina

[geriatrix]

The first time my husband filed HSMP application in Sept 2006 his letter states that HSMP qualifying points were 65.

Your husband is covered by the HSMP JR policy.


regards

[tehminamazher]

Thanks Sushdmehta for clarifying again

As said in my above post when my husband called on the above number the customer services guy said that he needs to apply on the points based system and HSMP scheme has now ended.

Also please clarify that our visa is issued for three years and the policy document point no. 8 and 9 states that the extension wll be for 3 years (or our visa issued wrong and iy should be for two years)


I will be extremely thankful for ur valuable comments.

Thanks in advance

Tehmina

[geriatrix]

UKBA customer service agents are not the experts in immigration rules, and are known to offer inaccurate and out-of-date information.

If 3 years' leave was granted at the time of entry clearance, then at the time of extension leave to remain will be granted for 2 years.

regards

[tehminamazher]

Thanks sushdmehta

Can u please recommend me some good immigration lawyer and the some one how can sort our tax issues( especially the ones expert in cases like ours meaning judicial review extensions)

I will extremely thankful to you.

Regards

Tehmina

[tehminamazher]

Sir Sushdmehta/ seniors,

Sorry for posting the new topic as I was not aware.

Can some one please tell me what are the requirements for extending the HSMP visa when

1) Employed/ Salaried
2) Self employed

under the requirements that were in place before November 2006.

I will be extremely thankful.


Regards

Tehmina

[geriatrix]

Employment / salaried: payslips and and bank statements of the 12 months preceding the application.
Self-employed: business account details, letter from accountant certifying business income - covering the 12 months preceding the application.

For any period during which an applicant may be unemployed, evidence that the applicant has been searching for employment (job applications, interview letters etc.).


regards

[tehminamazher]

Sir Sushdmehta,

Thanks for replying

As you have said previously that our case falls in the HSMP JR ( and in the guidance what I have understood that he has to be economically active When he applied for HSMP application the criteria was to score more than 65 points to get HSMP approval letter)

Kindly guide me regarding

Do we have to score any points? if so how many?

How much salary/tax he has to show in the last 12 months?
or
How much income he has to earn, how much tax and NI he has pay if he registers as self employed. Also if he registers as self employed any consequences as he is unemplyed these days.

If he gets a job after some time , can he still register as self employed ( mean to say both at the same time , any drawbacks in this case)

Last thing on his visa its written
"VISA HIGHLY SKILLED MIGRANT PROGRAMME" and is for 3 years(as on searching the forum what I found is that HSMP is closed , is this visa right or they have stamped it wrong instead of TIER 1)


I will be extremely thankful for bothering you again and again.

Regards

Tehmina

[geriatrix]

Do we have to score any points? if so how many?

No.

How much salary/tax he has to show in the last 12 months?
or
How much income he has to earn, how much tax and NI he has pay if he registers as self employed. Also if he registers as self employed any consequences as he is unemplyed these days.

Unlike Tier 1 (General) qualifying criteria, there is no such requirement (of min. salary / income) for HSMP JR covered migrants.

Please read FLR Tier 1 (HSMP) guidance carefully.

If he gets a job after some time , can he still register as self employed ( mean to say both at the same time , any drawbacks in this case)

Yes, he can be employed and work as self-employed at the same time, without problem.

Last thing on his visa its written
"VISA HIGHLY SKILLED MIGRANT PROGRAMME" and is for 3 years(as on searching the forum what I found is that HSMP is closed , is this visa right or they have stamped it wrong instead of TIER 1)

It is as it should be.


regards

[tehminamazher]

Sir Sushdmehta,

Extremely thankful for clearing the ambiguties.

Regards

Tehmina

[tehminamazher]

Please can u explain me

1) What "Economically Active" means that is written in the policy guidelines

2) For how long one has to be economically active either all the three years or the last twelve months.

Regards

Tehmina