FLR Tier 1(HSMP) - Possible rejection - Seeking Advice

HsmpFlr3 · Post by **HsmpFlr3** » Thu Jun 23, 2011 11:43 am

Hi,
Initial HSMP visa: Sep 2006-Sep 2008.
First Extension in 2008: Sep 2008-Sep 2011 based on HSMP Judicial review.

I had a 2 months shortage to ILR since i initially entered the country late and hence I had recently applied for another extension based on FLR Tier 1 (HSMP) using premium service, no dependents.

The application was at Crydon PEO. They took my Biometrics and checked my documents. Case worker said all my documents (including economic activity, financial support etc) was in perfect order, but she couldnt get a clearance and asked me to wait. Finally at the end of the day she said she cannot confirm my case and she "seemed" to indicate it is held up possibly because of some immigration offence/criminal conviction and that it would take a long time. Its been more than a week and no response till now. So definitely about to be rejected.

I am cranking my brain to see if i had committed any mistakes. I dont drive (so no traffic offences) - never been arrested or anything (so no criminal conviction). I had missed couple of months payments for my council tax 2 years ago (totally forgot!) and got a court summons from the council and paid it the next day. My council said yesterday that those are not a CCJ or any "Civil Judgement" and i had seen posts in this forum saying these liability orders need not be declared. I dont even have those letters now! Could this be an issue?

I also study part-time for a higher degree. But i pay the non-EU overseas fees. I continue to work full-time (enough salary) and have been employed with same company for close to 5 years. I guess studying in my evening is not an offence. Or is this an issue?

Are there any other possible reasons for rejection? It would for sure not be one of those WarCrimes, Terrorism etc that they ask in the app form (IND national). I dont remember accessing any public funds - rented privately, pay my council tax etc.

I have resigned to the fact that it is going to be rejected. They wouldnt let us know the reason until the very last moment just before the visa expires - so its even more difficuilt to guess the reasons and be prepared for appeal. Needless to say, the prospect of being thrown out of the country after close to 5 years of life here is nerve-wracking to say the least.

I kindly request you to provide some suggestions as to what all could be possible rejections under above mentioned circumstances so that i can prepare myself for appeal.

rizwan567 · Post by **rizwan567** » Thu Jun 23, 2011 12:55 pm

Why do you think that it is going to be rejected?

The information you have given above (in my view) is not going to cause any trouble. It is something else they might be worried about..

I am of the idea that you will get the visa until or unless you have committed something major which you have not mentioned above...

It is not wise to waste time in making assumptions when your application is still under consideration and there are no clear signs of rejection. ~Think positive.

innocentdevil · Post by **innocentdevil** » Thu Jun 23, 2011 2:41 pm

ditto to rizwan. only you or your GOD knows if you have done something bad. ccjs, penalty points etc aren't anything major.

so if you haven't done nothing wrong, you will be fine.

mk357 · Post by **mk357** » Thu Jun 23, 2011 9:05 pm

This is not the case of penalty points but court summon. IMHO its better to get a basic CRB check if in doubt to make sure if there is anything recorded, but I am pretty confident that you would get the visa extended. By the way if it was just a gap of 2 months (less than 3 months) you could have extended/corrected the date without any fee. You should have checke this forum for relevant information. I have more or less the same case I recently extended my visa (now T1G-previously HSMP) due to my own problems as I am planning to go abroad during this period.

Good luck anyway.

skhaider110 · Post by **skhaider110** » Thu Jun 23, 2011 9:24 pm

I don't think you should worry too much, just wait and hopefully it should be fine, sometime they just do routine checks to ensure you have no criminal history that's what it seems to be, but fingers crossed.

milan.1680 · Post by **milan.1680** » Fri Jun 24, 2011 3:54 pm

i was checking different rules last night as i am due for my extension as well... you dont fall in general ground of refusal, i.e. you dont have any ciriminal convection, clear immigration history (if any than hopefully you have mentioned it on the application form) and have not use recouses from public fund and studying part time as home or internation student is not a public funding.

so dont worry about it......and please keep us posted with any progress...

HsmpFlr3 · Post by **HsmpFlr3** » Fri Jun 24, 2011 4:29 pm

Many thanks to everyone for the encouragement and advice.

Mk357 - You are right - i could ve got the stamping corrected/extended. But it was wishful thinking that why not get another extension and mitigate any potential risk if i had to make an urgent travel in coming months. But Murphy's law always catches up, you simply can't defy it!

The only reason i'm going thro' potential causes for refusal is if i remember anything, i can send them a note before the refusal - in case they mis-interpret that i am trying to decieve them deliberately. The case worker was totally convinced with my application as such (just payslips/p60s/bank statements - no chance/need to deceive there) - So there is something else wrong not from document perspective. All i can do is keep wondering what it is...

I'm attending a conference next week and not able to prepare anything because of this pressure. I was overconfident that it will be over on a day. Sorry for the whining...

Sushil-ACCA · Post by **Sushil-ACCA** » Wed Jun 29, 2011 3:14 pm

YOU R covered by HSMP Jr

u will be not kicked out any way , if u had commitrd any big troble by now they would caught u in terms of crime , even u r not required to show any income so u will fine unless there is false documents mean p60 or bank statements

so relax , let them have their time , u will be fine

keep posting - but dont call them otherwise it may irritate them

HsmpFlr3 · Post by **HsmpFlr3** » Sat Jul 02, 2011 12:35 pm

I seemed to have received an approval letter today but its very confusing. To start with it says the extension is endorsed in the passport. I checked both my old and new passport and there are NO new vignettets / visa stamps.

The letter doesnt talk anything whatsoever with respect to bio-metric cards. I assumed all extensions these days receive a bio-metric card and atleast some info saying that one will be sent. There is no line saying any of this in the letter.

For FLR Tier 1 (HSMP) covered by JR, i thought every extension is supposed to be for 3 years (the policy document clearly states it). But the letter mentions extension is only for 2 years.

I m worried that this letter was sent by mistake. I ll have to wait further to see if they are sending bio-metric cards or should i ve to resend the passports? What happens if they approved something incorrectly - can they rescind the approval letter and make it void?

Sushil-ACCA · Post by **Sushil-ACCA** » Sat Jul 02, 2011 12:41 pm

AT LEAST A good news after long time

as i told u u r not going out of this country unless u committed convicted crime

u r covered by hsmp jr

u need t o see that either yr pasport is stamped or u get a call for bio met

all the best

keep posting

Sushil-ACCA · Post by **Sushil-ACCA** » Sat Jul 02, 2011 12:48 pm

yr bio may be delivered by special courier , this is procedure , if yr appln approved

RK1980 · Post by **RK1980** » Tue Jul 12, 2011 11:54 pm

Hi HSMPFlr

Have you got your biometric card?
the letter which they have sent to you(grant of 2 years) is correct?

Best Regards,
Rajesh

HsmpFlr3 wrote:I seemed to have received an approval letter today but its very confusing. To start with it says the extension is endorsed in the passport. I checked both my old and new passport and there are NO new vignettets / visa stamps.

The letter doesnt talk anything whatsoever with respect to bio-metric cards. I assumed all extensions these days receive a bio-metric card and atleast some info saying that one will be sent. There is no line saying any of this in the letter.

For FLR Tier 1 (HSMP) covered by JR, i thought every extension is supposed to be for 3 years (the policy document clearly states it). But the letter mentions extension is only for 2 years.

I m worried that this letter was sent by mistake. I ll have to wait further to see if they are sending bio-metric cards or should i ve to resend the passports? What happens if they approved something incorrectly - can they rescind the approval letter and make it void?

HsmpFlr3 · Post by **HsmpFlr3** » Wed Jul 13, 2011 10:14 pm

Yes i got my Biometric card with visa validity for TWO years. At the moment i am not planning to ask them if it should ve been three years. I am planning to apply for ILR end of this year - so praying that it wouldnt matter.

Immigrationboards.com: Immigration, work visa and work permit discussion board

FLR Tier 1(HSMP) - Possible rejection - Seeking Advice

FLR Tier 1(HSMP) - Possible rejection - Seeking Advice