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AuthorPost
scubadiver
Junior Member
Member # 289
Posted October 06, 2003 03:11 PM
My HSMP renewal came up in end of sep.
I read the scary stories about renewal delays on this BB.
However mine came through very smooothly. I posted it on saturday and received it back the following saturday. I've held a regular well paying job for the last 3 years (2 under WP).
I only attached my bank statement ( 6 mos) and 2 latest pay slips. No P60 or letter from employer.

HSMP rocks!

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Joseph01
Member
Member # 7141
Posted October 06, 2003 03:23 PM
Scubadiver,
That's cool! If you are working next September, your ILR will be much faster!
I'm glad to see that HSMP can work fast when they want to!
Thanks for the feedback,
Joseph
ktdt77
Member
Member # 3749
Posted October 06, 2003 05:16 PM
they surely are working faster......

I got the DING within one week of submission....no job in hand inspite of best efforts..had given all details of applications etc..sufficient funds to carry myself for another year...

any way no jobs in Telecom in UK......good bye....

Joseph01
Member
Member # 7141
Posted October 07, 2003 02:44 AM
Ktdt77,

What do you mean by DING? A rejection letter with a 28 day notice to leave the country? Hopefully not!! You do have the right to appeal, you know.

I'm very sorry if your visa was not renewed, but I do recall that you said in the link below that you were out of the UK from March through August.
http://www.workpermit.com/ubb/cgi-bin/ultimatebb.cgi?ubb=get_topic&f=1&t=004109

If that's the case, and they know it from your passport or application, it can explain why you got the rejection. I recall that you have an Indian passport, which is more likely to be stamped in other European countries. The problem is that it's difficult to show that you have been looking hard for a job in the UK when you are elsewhere in Europe.

See below for another exchange:

quote:

ktdt77
Member
Member # 3749
posted July 17, 2003 03:38 PM
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quote:
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Originally posted by Kayalami:
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What if you not entered in UK during that period or just gone for few interviews....
>>>What period? the HSMP period...I have consulting assignment in europe which I now increases the chances of getting job prospect/self employement.

Though I feel the chances for extension is week however do you feel one can still apply for extension from outside UK on some ground such as extensive training in other country which increases the prospects now.


>>>You can only apply for an extension to remain in the UK on HSMP after the intial 12 months ONLY while you are in the UK. An extension of up to 3 years may be granted giving the applicant a maximum stay of 4 years on HSMP status.


--------------------------------------------------------------------------------

The problem is I am still outside UK in europe and plan to go back to UK only in sep to apply for extension and remains there...
pl guide..


As you say at the end, that you were only returning to the UK to file the extension, it's no wonder that they didn't approve.

I'm very sorry that you were not able to renew and I do apologise for digging back into your historical messages, but I think it's very important for the benefit of everybody on this Board that we understand what really happened. If you can share more, it would be greatly appreciated.

Good luck!

Joseph

Joseph01
Member
Member # 7141
Posted October 07, 2003 02:56 AM
Ktd

Ktdt77

...For example, where you ever able to establish a bank account in the UK, and did you have a tenancy agreement at an address in the UK? These are things they look at closely when they confirm whether you really "intended to make the UK your main home" as the applicant states in the Declaration.

Joseph

pixi
Member
Member # 6282
Posted October 07, 2003 02:58 AM
It would be good to clarify this, as Joseph says. My HSMP visa has been valid since July, but I am still in the US. I am moving to the UK in January. I figure that will give me six months to do a full, in-person job search. In the event that I don't secure a job in that time, I was going to submit job-search documentation. I thought that would be enough to get an extension, but now this message has worried me! Can anyone advise?
ktdt77
Member
Member # 3749
Posted October 07, 2003 06:15 AM
Hi Joseph

I did show the bank account as well as continued tenacy.

The fact is that I was not there in UK from MAr to Aug....however almost every month few days I was here and hence maintained the residency. I had shown detailed application correspondence (however many of them were on emails...which I think they didnt accept)for more than 100 jobs at senior level....

is there any link...how can I appeal....

epiphany121
Member
Member # 7178
Posted October 07, 2003 08:18 AM
If you were here every month for a few days, then I don't understand why you said you were not present from March to August. I believe that the HSMP application, like the ILR application, only asks for periods of 'CONTINUOUS ABSENCE'. So THIS WAS NOT A PERIOD OF CONTINUOUS ABSENCE'.
Joseph01
Member
Member # 7141
Posted October 07, 2003 02:03 PM
ktdt77,

To make an appeal, I think you need professional legal advice because you only get one chance at appeal. Our hosts at workpermit.com are immigration lawyers and would be a good starting point.

What did the HSMP team give as the reason not to renew? In a case like this they should be very specific in their letter, as well as telling you about your appeal rights. Where they aware of your absenses from the UK (either by you telling them or by checking your passport for foreign stamps?) What did they say about your documentation (i.e. did they specifically mention that emails were unacceptable--that's scary, who in the search business doesn't use emails these days?) Did you also enclose the replies that you received from your applications? Any interviews?

Thanks for the feedback and good luck with your appeal!

Joseph

ktdt77
Member
Member # 3749
Posted October 10, 2003 01:08 PM
Hi Joseph....

first I apologise for responding late as I had to travel...

surprisingly these guys have not given any reason as such.....they have just mentioned that I dont meet requirement set as per 135A of immigration rules....which is in general my ability to support myself in UK...

[ October 10, 2003: Message edited by: ktdt77 ]

Joseph01
Member
Member # 7141
Posted October 10, 2003 04:00 PM
Ktdt77,

Actually I think their response says a lot. It doesn't appear to be your job search that they questioned, but rather your difficult financial position, which you pointed out to the Board in May:

quote:

ktdt77
Member
Member # 3749
posted May 22, 2003 01:40 PM
--------------------------------------------------------------------------------
I am broke....got in UK with HSMP....already 7 months and no luck with job...
anyone with extension success with no job in hand...please share...


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Posts: 35 | From: | Registered: Jun 2002 | IP: Logged


If they questioned your job search efforts, they would have cited 135D(ii). See below for the relevant sections:

quote:

nullRequirements for an extension of stay as a highly skilled migrant
135D. The requirements for an extension of stay as a highly skilled migrant are that the applicant:
(i) has leave to enter or remain in the United Kingdom, other than as a visitor under paragraphs 40 to 56 of these Rules; and
(ii) in the case of an applicant who has leave under paragraph 135B, has already taken during his period of leave all reasonable steps to become lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iii) meets the requirements of paragraph 135A (i)-(iii).


135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:
(i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and
(ii) intends to make the United Kingdom his main home; and
(iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.


Unless you can show more funds, I'm not sure an appeal would work.

Good luck

Joseph

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