HSMP/T1/lost passport, which category when applying ILR?

long story short

I applied hsmp before November 2006 and got entry clearance at mid of 2007 and extended my hsmp (as T1) at august 2009, as i was covered by the terms of the Judicial Review and i applied for an extension using form FLR Tier 1 HSMP. I have a letter from home office state that i will be able to apply ILR at September 2012.

A month later (october 2009) i lost my passport while taking holiday at home so i have to replace my resident premit at local british embassy. as the regulation i have to pay a full fees and using a form for fresh application of Tier 1 which is all they got.

so what i got at last is Tier 1 visa (not resident permit) which valid from november 2009 to september 2012 (which is when my lost visa expired).

now i am about to apply for ILR and i wonder if that lost passport thing will affect my application or not?

for example which one of the following should i select when completing the form SET O?

Tier 1 (General) migrant (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document)

Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document

Highly skilled migrant

Highly skilled migrant under the terms of HSMP ILR judicial review policy document （i think i should be this one but not sure if the replacement of visa will change anything?）


i am very appreciate for the help

get your SAR file from UKBA. It should have all the info about everything (including stamps of visa pages/vignettes).

once you have that then you know you have everything even from lost passport.

innocentdevil wrote:get your SAR file from UKBA. It should have all the info about everything (including stamps of visa pages/vignettes).

once you have that then you know you have everything even from lost passport.

what i want to ask is whether this kind of case will change my status for applying IRL?

cannot see why as long as you have completed 10 years legally

innocentdevil wrote:cannot see why as long as you have completed 10 years legally

it is five years HSMP+T1, but for different category you need to complete different section on the form

frey80 wrote:I applied hsmp before November 2006

Therefore:

frey80 wrote:Highly skilled migrant under the terms of HSMP ILR judicial review policy document

That you lost your passport and had to apply for replacement visa in a new passport, does not change that - that you are covered by the HSMP JR (ILR).

sushdmehta wrote:

frey80 wrote:I applied hsmp before November 2006

Therefore:

frey80 wrote:Highly skilled migrant under the terms of HSMP ILR judicial review policy document

That you lost your passport and had to apply for replacement visa in a new passport, does not change that - that you are covered by the HSMP JR (ILR).

thanks for the reply, very appreciate

sushdmehta wrote:

frey80 wrote:I applied hsmp before November 2006

Therefore:

frey80 wrote:Highly skilled migrant under the terms of HSMP ILR judicial review policy document

That you lost your passport and had to apply for replacement visa in a new passport, does not change that - that you are covered by the HSMP JR (ILR).

last week i have got email reply from a la

"In general, all fresh visa application will suspend the previous one therefore you will not be covered by the HSMP fourm Judicial Review" and i will need to fill in the section 9 for the earning section as well.

I am quite confused here, anyway i think i might not made very clear in my original post regarding the replacement of lost visa.

After initial two years under HSMP visa, i got extension for another three years and the visa printed "Tier 1 General Migrant"


After initial two years under HSMP visa, i got extension for another three years and the visa printed "Tier 1 General Migrant"

when i apply for replacement visa at my home country, i been asked to use form used for fresh application of Tier 1 General and i have to submit evidences specially required for that particular form which i need to provide last 12 months payslip and calculate points for the earning (which i was not required while i applied for extension in the UK), basically everything as a fresh application

And i got the "Tier 1 General Migrant Visa" three days after made the application in my home country, which the length is not three years but from the date i made application to the date my lost visa expires. which is from november 2009 to september 2012.

When i return to the UK the UKBA officer was able to tell i lost passport etc

so bascially, if i made fresh application due to lost passport, does it change my original status in Tier 1 category which means i will be considerd as a fresh applicant who entered this scheme from 10/2009 ?

Since somtime in 2008, UKBA had stopped issuing endorsements with "HSMP" mentioned. All HSMP migrants, even those covered by HSMP JR, were issued endorsements with "Tier 1 (General)" instead of "HSMP".

When applying for replacement visa, you shouldn't have been asked to provide documentary evidence(s) to certify that qualified for Tier 1 (General). AFAIK, all that is needed is a police report, application form and full fees. But given that only a small number of people end up losing their passports, local VAC staff are not trained on how to deal with such applications for replacement visas.

frey80 wrote:so what i got at last is Tier 1 visa (not resident permit) which valid from november 2009 to september 2012 (which is when my lost visa expired).

The fact that you were issued (new) leave that had the same expiry date as the (old) HSMP leave endorsed in the lost passport is, IMHO, evidence enough that your application wasn't considered as a new PBS application and that you continue(d) to remain under the same terms and conditions as before.

Ideally, local VAC should have advised you to fill up VAF2 form and not VAF9 form ... to apply for replacement visa as an HSMP migrant. But, as I said, the staff aren't trained well enough to deal with such situations without ill-advising the applicant.

sushdmehta wrote:Since somtime in 2008, UKBA had stopped issuing endorsements with "HSMP" mentioned. All HSMP migrants, even those covered by HSMP JR, were issued endorsements with "Tier 1 (General)" instead of "HSMP".

When applying for replacement visa, you shouldn't have been asked to provide documentary evidence(s) to certify that qualified for Tier 1 (General). AFAIK, all that is needed is a police report, application form and full fees. But given that only a small number of people end up losing their passports, local VAC staff are not trained on how to deal with such applications for replacement visas.

frey80 wrote:so what i got at last is Tier 1 visa (not resident permit) which valid from november 2009 to september 2012 (which is when my lost visa expired).

The fact that you were issued (new) leave that had the same expiry date as the (old) HSMP leave endorsed in the lost passport is, IMHO, evidence enough that your application wasn't considered as a new PBS application and that you continue(d) to remain under the same terms and conditions as before.

Ideally, local VAC should have advised you to fill up VAF2 form and not VAF9 form ... to apply for replacement visa as an HSMP migrant. But, as I said, the staff aren't trained well enough to deal with such situations without ill-advising the applicant.

Thanks lot Guru Sushdmehta , basically i can say that despite the form i used, i was processed as "replacement visa" anyway.

Actually i spend like a week visiting the local embassy and VFS center, first the emabssy told me to fill a form for "transfer visa to new passport" then the VFS said no, at the end the staff at Embassy said "if that is the case...." don't think anyone got idea what actually happened