Wrong form? What happens?

[goldfish]

I applied on 6 Feb for an early extension of my Tier 1 visa. If I used FLR Tier 1 (HSMP) form instead of FLR Tier 1 (General), what will happen?

I read the paragraph in the guidance notes "48. An application last granted leave as a Highly Skilled Migrant under the rules in place before 19 July 2010 and who has not been granted leave in any categories other than these under the rules in place since 19 July 2010, must have 75 points... unless he/she is covered by the HSMP Forum judicial review judgment... To apply for extension of stay these applicants will need to use the FLR Tier 1 (HSMP) application form..." I am within the scope of the HSMP Judicial Review (extension of stay) and have never applied to transfer to Tier 1 (General), so I used the FLR Tier 1 (HSMP) form.

However, now I realise the FLR Tier 1 (HSMP) form says "conferring Tier 1 (General)". My photocopy of the form used for my previous extension in 2011 also says this. So maybe this means that when I extended in 2011 I was transferred onto Tier 1 (General) and should have used the FLR Tier 1 (General) form.

Which was the correct form? And if I used the incorrect one, what will happen?

[Manka10]

I guess you should have used T1 Gen extension form, the form you used is to extend HSMP in to Tier 1, which is effectively T1 Initial application for HSMP holders

what does the sticker on your passport say ?

Most probably your application will be returned as invalid

[goldfish]

Hmmm, well if I have included all the correct support evidence, could I just post them an updated application form?

[rakeysh.patel]

Hmmm, well if I have included all the correct support evidence, could I just post them an updated application form?

I Suggest you do not send the amended form to avoid complications. If CW wants you to correct it he/she will write to you or worse come your application will be send back as invalid. Has your payment been processed already?

[goldfish]

Yes payment was deducted a few days after I sent it (approx 10 Feb). If the application has not been considered yet (which I don't think it has), the idea would be to send a new form - with the same covering evidence - rather than have the application returned as invalid.

Is there anyone who has had an application returned as invalid for using the wrong form? Or who used the wrong form but didn't have it declared invalid?

[goldfish]

Received confirmation that FLR (HSMP) is the correct form to use:

I recently applied for an extension of my visa using FLR (HSMP). Instead of an extension, UKBA realised that they had make a mistake on my previous extension in Feb 2011 and re-issued the previous visa with a later expiry date.

Since my application wasn't processed as an extension, I didn't get confirmation whether (or not) I had used the correct form. I followed-up and received the following response:

Hi [UKBA],

Re: [goldfish] [my DOB]

Thanks for your letter from 12 April 2012 regarding my visa extension under the Tier 1 (General) HSMP Forum scheme. I appreciate that you reviewed my previous extension (Feb 2011) and corrected the error made in the expiry date of the previous visa. It really made my day to have my passport back and visa extended.

If I had needed an extension, under current rules was the FLR (HSMP) form the correct one to use for my situation (i.e. subject to the Judicial Review - Extension of Stay)?

I have several friends in similar situations. We have read the UKBA guidance on the HSMP Forum judgment, FLR (HSMP) Guidance, Tier 1 (General) Guidance, and the online points-based calculator and it appears that FLR (HSMP) is the correct form. (The Tier 1 form doesn’t recognise the HSMP extension criteria and only appears relevant to points-based applications.) However some of the statements in the guidance appear to conflict, so confirmation on the correct form would be helpful.


Thanks and regards,

[goldfish]

Hi [goldfish],

I can confirm that when an applicant has held leave under Tier 1 (General) – HSMP Forum that the FLR (HSMP) form is the correct form to use when applying for an extension of leave within this category.

Regards,

[UKBA]

Of course, this advice is for my specific case and is correct today. So I would recommend anyone deciding which form to use needs to carefully check whether they are in scope of the HSMP Forum / JR and also checks with UKBA at the time they apply to see which form is correct then.

[HSMP(Tier1)]

Received confirmation that FLR (HSMP) is the correct form to use:

I recently applied for an extension of my visa using FLR (HSMP). Instead of an extension, UKBA realised that they had make a mistake on my previous extension in Feb 2011 and re-issued the previous visa with a later expiry date.

Since my application wasn't processed as an extension, I didn't get confirmation whether (or not) I had used the correct form. I followed-up and received the following response:

Hi [UKBA],

Re: [goldfish] [my DOB]

Thanks for your letter from 12 April 2012 regarding my visa extension under the Tier 1 (General) HSMP Forum scheme. I appreciate that you reviewed my previous extension (Feb 2011) and corrected the error made in the expiry date of the previous visa. It really made my day to have my passport back and visa extended.

If I had needed an extension, under current rules was the FLR (HSMP) form the correct one to use for my situation (i.e. subject to the Judicial Review - Extension of Stay)?

I have several friends in similar situations. We have read the UKBA guidance on the HSMP Forum judgment, FLR (HSMP) Guidance, Tier 1 (General) Guidance, and the online points-based calculator and it appears that FLR (HSMP) is the correct form. (The Tier 1 form doesn’t recognise the HSMP extension criteria and only appears relevant to points-based applications.) However some of the statements in the guidance appear to conflict, so confirmation on the correct form would be helpful.


Thanks and regards,

[goldfish]

Hi [goldfish],

I can confirm that when an applicant has held leave under Tier 1 (General) – HSMP Forum that the FLR (HSMP) form is the correct form to use when applying for an extension of leave within this category.

Regards,

[UKBA]

Of course, this advice is for my specific case and is correct today. So I would recommend anyone deciding which form to use needs to carefully check whether they are in scope of the HSMP Forum / JR and also checks with UKBA at the time they apply to see which form is correct then.

Dear Friend,

Can you provide email id of ukba on which you have sent your email and also received reply from them....

I am in same condition and and already get answer from immigration board but if I get anything written from UKBA then at time of extesnion application I can attahced their reply in my application of FLR(Tier1)HSMP.

reagards