Initial HSMP + TIER1( under HSMP JR) + possible extension

I need some help from you guys. My immigration details as follows:
Initial HSMP visa started on 6th September 2006 which was valid until 6th September 2008.
Entered UK on 22 October 2006.
Applied for extension under HSMP Forum Ltd judicial review judgment of 8 April 2008 (extension of stay) and got Tier1(General) visa starting 6th September 2008 which is valid until 6nd September 2011.

To complete a continuous residence of five years, there is a shortfall of around fourteen days considering 24th September 2011 as the earliest I could apply for ILR. Is this a problem? Could I just apply on 4th/5th September disregarding the shortfall?Few people suggested that I apply for an extension now. If that is the case then which form should i use, the new TIER1 form or FLR(HSMP) which was designed specifically for people falling under the HSMP JR guidelines? Will i have to claim points now including points for English language? I never had to claim points for English language till now in my previous applications.

Separately, there is another twist here. When i received my first extension under the HSMP JR, the approval letter mentions the following:
"Your application has now been considered under that criteria and leave has been approved for a period until 06 September 2011. This will be sufficient to take you to the current qualifying threshold for settlement"

The statement above seems a bit contradictory as my first entry was 22nd Oct 2006. As per the HSMP JR, should the leave have been granted upto 22nd Oct 2011.

Any one in a similar situation?

Thanks

I say the above is contradictory because of the HSMP Judicial review policy document that says the following on Page 2:

If an applicant meets these requirements we will grant them:

a. Three years’ leave; or

b. Enough leave to enable the applicant to complete the qualifying period for
settlement,

whichever is the greater.

Update: I wrote to the Border Agency citing my case and they agreed that in the light of HSMP JR, my current leave till 6 Sep 2011 was an error. They have now amended my TIER1 leave till 22 Oct 2011 so that I can qualify for the settlement threshold.

Hello,

Buddy,

I am in a similar Situation of yours just one month difference when I called Home Office they asked me to go for another extension
I just don’t want pay them twice in few months to take me to threshold for ILR
Let me know what did you do? Did you sent your passport back to them to correct the dates with the letter?

Cheers
kalyan

Hey. Thanks for posting this. I think I might be in the same situation. Our initial visa was granted on Sep 30 2006 for one year. Entered UK on Dec 17 2006. Got our 1st extension which is from Sep 30 2007 - Sep 29 2011. We have a shortfall of 2.5 months to apply for settlement.

Should I follow the same procedure to extend my visa - free of charge? And we had a new baby last year, can her visa also be extended in the same way?

Thanks. If the answer is positive, that could save us a fortune...

ruthie wrote:Hey. Thanks for posting this. I think I might be in the same situation. Our initial visa was granted on Sep 30 2006 for one year. Entered UK on Dec 17 2006. Got our 1st extension which is from Sep 30 2007 - Sep 29 2011. We have a shortfall of 2.5 months to apply for settlement.

Should I follow the same procedure to extend my visa - free of charge? And we had a new baby last year, can her visa also be extended in the same way?

Thanks. If the answer is positive, that could save us a fortune...

Yes and yes. Yours is a little different because it is 1 year initial + 4 years extension, most cases are 2+3. I haven't heard of the outcome of cases like yours yet (although a few at HSMP Forum have already applied), but it should be positive too. Just include your baby's passport with yours.

And apply as soon as you can. Good luck.

Hello All,

I am in the same boat. In my case I have been granted extension that is 3.5 month short of reaching 5 years threshold. (HSMP judicial review 2+3).

As I can understand that other members in same situation has applied and got their correction, but I have further another question. Hopefully someone will help. I have another child born after my extension. I have not applied for visa on her passport and plan is to apply for ilr directly as it will save costs. Now if I apply for correction should I include her passport as well (please note her passport has no visa at present as she born after my 1st extension) or should I exclude this but state this situation in the letter to ukba that I will apply for her visa while applying for ilr.

Regards

hass, if the (second) child was born in UK and does not intend to travel outside the UK before you apply for settlement, there is no need for the child to apply for leave to remain.


regards

Thanks for posting the valuable information.
Would you please let me know the following?
1. I got my HSMP letter on 7th July 2006
2. I applied entry clearance (visa) on 2nd December 2006 and I have mentioned on my application that I will be coming to UK on 18th January 2007 (also attached the flight confirmation) unfortunately immigration officer issued my visa on 6th December 2006 valid until 6 December 2008
3. I came to UK on 18th January 2007 (as I have requested initially)
4. I have applied first extension in November 2008 using HSMP Forum JR form
5. The immigration officer has issued the visa from 6th December 2008 to 6th December 2011
Now the problem is: I have to apply 2nd extension because there is a shortfall of 43 days to 5 years (for settlement)

Would you please advise me, should I do the 2nd extension or send my passport to UKBA for correction?
if i send my passport to UKBA, what documents should I send to UKBA??

malayanayak wrote:Thanks for posting the valuable information.
Would you please let me know the following?
1. I got my HSMP letter on 7th July 2006
2. I applied entry clearance (visa) on 2nd December 2006 and I have mentioned on my application that I will be coming to UK on 18th January 2007 (also attached the flight confirmation) unfortunately immigration officer issued my visa on 6th December 2006 valid until 6 December 2008
3. I came to UK on 18th January 2007 (as I have requested initially)
4. I have applied first extension in November 2008 using HSMP Forum JR form
5. The immigration officer has issued the visa from 6th December 2008 to 6th December 2011
Now the problem is: I have to apply 2nd extension because there is a shortfall of 43 days to 5 years (for settlement)


Would you please advise me, should I do the 2nd extension or send my passport to UKBA for correction?
if i send my passport to UKBA, what documents should I send to UKBA??

You can send your passport for the correction date. You are covered by JR Policy.

My previous post and the PDF link in that post tells the small number of documents you need to send and instructions. Please make an effort to get the information by reading that.

Thanks Bani,
should i send the original hsmp letters also?
please advise

regards

bani wrote:

malayanayak wrote:Thanks for posting the valuable information.
Would you please let me know the following?
1. I got my HSMP letter on 7th July 2006
2. I applied entry clearance (visa) on 2nd December 2006 and I have mentioned on my application that I will be coming to UK on 18th January 2007 (also attached the flight confirmation) unfortunately immigration officer issued my visa on 6th December 2006 valid until 6 December 2008
3. I came to UK on 18th January 2007 (as I have requested initially)
4. I have applied first extension in November 2008 using HSMP Forum JR form
5. The immigration officer has issued the visa from 6th December 2008 to 6th December 2011
Now the problem is: I have to apply 2nd extension because there is a shortfall of 43 days to 5 years (for settlement)


Would you please advise me, should I do the 2nd extension or send my passport to UKBA for correction?
if i send my passport to UKBA, what documents should I send to UKBA??

You can send your passport for the correction date. You are covered by JR Policy.

My previous post and the PDF link in that post tells the small number of documents you need to send and instructions. Please make an effort to get the information by reading that.

malayanayak wrote:Thanks Bani,
should i send the original hsmp letters also?
please advise

regards

Maybe it's a good idea to send the approval letter from your first HSMP extension if you still have it, but that's all. They will check your records anyway from the last visa they issued on your passport.

Hi All,

to explain the procedure clearly for all the people with similar
sitiuation

list of doc that i have sent ( still waiting for the outcome)

1) covering letter
2) two passports
3) two recent photos
4) letter from Kate Carr
5) letter from Home office after 1st extension
6) Return Envelope

Addressed to
===========
F.A.O Mr. Oliver Rae
North East,
Yorkshire and the Humber
Vulcan House Steel
6 Millsands
Sheffield
S3 8NU

And samplefor covering letter


To,
Mr. Oliver Rae
North East, Yorkshire and the Humber
Vulcan House Steel
6 Millsands,
Sheffield
S3 8NU


Sub: - Extend My Leave to Remain to take me to qualify for Settlement


Name : xxxxxxxxxxxxxx
Nationality : xxxxxxxxxxxx
D.O.B : xxxxxxxxxxxxx
Passport No : xxxxxxxx
Your Reference No : xxxxxxxxxxx(found on the 1st extension letter)

Dear Oliver Rae,
I am writing to you requesting to extend my current leave to remain which enables me to qualify for settlement. I fall under category (Judicial Review April 2008).
As per the instructions given by Kate Carr. I bring my error with respect to Leave to Remain to your notice.
Where as in the letter written to me when I applied for Leave to Remain clearly stated that I will be granted sufficient leave to qualify for settlement threshold.
My facts are as below
1) Entry clearance : xxxxxxxxxxx to xxxxxxxx
2) Date Of Entry : xxxxxxxxx
3) Leave to remain : xxxxxxxxxxxx to xxxxxxxxx

Hence I am falling xx days short to qualify for ILR

With this covering Letter I herewith enclose the following documents
1. Main applicants Passport
2. Dependants Passport
3. A copy of Letter which is sent to me with Leave to Remain Decision.
4. A copy of Kate Carr letter
5. 2 Passport size photos of each Main applicant and dependant.
6. Return Envelope written with my address

So, I request you to please kindly go through my case and grant me sufficient leave to remain to qualify for settlement threshold.

Thanking You,

Yours Faithfully,


xxxxxxxxxxxxxxxxx

Good Luck

Has anyone already sent their passports and letters and has anyone got it back after correction... How long did it take to get your passports back from Sheffield???? After correction on visa has anyone applied for ILR?

I got the updated visa in a weeks time which was quite quick. Just that my dependents visa changed to Tier1(General)Migrant instead of Dependent. Have sent it back for correction

Thanks a lot for the quick reply RKC. Greatly appreciated, this is like good news to people like us who have been affected. thanks again. I plan to send mine this Friday.

Hi,

First of all thanks for sharing quite useful information.

I need some advise regarding my situation.

My Details are below

HSMP approval Letter : September 2006

HSMP Visa Stamped : 14 Nov 2006 - 14 Nov 2007
This is stamped for one year

Came to UK : 11 Feb 2007

HSMP First Extension: 14 Nov 2007 - 14 Nov 2011
This is stamped for four years.
Important thing is at that time there was no judgement for HSMP Extension and it came in April 2008.

Child Born : 18 Feb 2011
(currently no visa is stamped for my child)

Eligible to Apply for ILR: 09 Jan 2012

Visa Expiring : 14 Nov 2011

My point is that initally I should got two year visa as they changed rules in April 2006 but they granted me one year visa. If they have given me two year visa then I should have applied for extension in nov 2008 and should be covered by JR policy and hence eligible for visa until I reached settlement threshold.
Is this a valid point to go for correction of dates?


Am I covered by Extension JR as I took extension before policy came into existence?

Can I apply for correction of dates on my and my wife passports so that we can reach settlement threshold?

Can I include my son's passport as well as he didn't have any visa yet? Or Should I wait for correction on our passports and then apply separately for my son's visa as we might have to travel before taking ILR.


Thanks for you help.

WK

Please give suggestions.

wk_hsmp06 wrote:Please give suggestions.

Your situation is the quite the same as mine, 1+4. Only my child does have a dependant visa stamped already. I sent out our passports last weekend and am still waiting for a result. IMHO, I don't see a reason why you shouldn't be covered by JR policy...

For your son's passport, AFAIK if you need to travel before ILR, a dependant visa is needed and has to be paid for. His visa will be stamped with the same expiry date as yours, so if I were you, I'd wait till I got mine back with correct date.

Hope this helps.

Thanks ruthie for a quick response.

Can you please let me know what reason you mentioned in your cover letter
for correction of dates? Do I need to send my bank statements / salary slips etc with the application and Do I need to fill any forms etc or just the doc mentioned above are okie.

Please do update once you get response from HO.

Thanks a lot for your help.

wk_hsmp06 wrote:Thanks ruthie for a quick response.

Can you please let me know what reason you mentioned in your cover letter
for correction of dates? Do I need to send my bank statements / salary slips etc with the application and Do I need to fill any forms etc or just the doc mentioned above are okie.

Please do update once you get response from HO.

Thanks a lot for your help.

I can tell you that someone in the same category as you (1 year initial visa + 4 years extension). He and his family received the extra weeks they needed. When he got the 1st extension in 2007, as you said, the Judicial Review wasn't in place yet. But it doesn''t matter because you are still covered.

Keep the cover letter simple. Just refer to the attached letter from Katie Carr and say that your first extension should have given you enough leave to reach settlement and that date (for you) is 11 Feb 2012.

Do not send bank statements, salary slips etc.

Stick to the list that's been given by another poster. This is not a visa application, it's just a correction of the visa expiry date. So no need for those other documents. Keep those safe, you'll need them for ILR.

bani wrote: I can tell you that someone at HSMP forum is in the same category as you (1 year initial visa + 4 years extension). He and his family received the extra weeks they needed. When he got the 1st extension in 2007, as you said, the Judicial Review wasn't in place yet. But it doesn''t matter because you are still covered.

Keep the cover letter simple. Just refer to the attached letter from Katie Carr and say that your first extension should have given you enough leave to reach settlement and that date (for you) is 11 Feb 2012.

Thanks a lot bani for your advise.

As I mentioned before my son born at 18 feb this year and still got no visa stamped on his passport. We might need to travel before I get ILR next year jan 2012, So can I send his passport along with my and wifes passport or wait for our correction and apply separately for dependant visa. I guess initally dpendant visas were free not sure though.

Please advise that wether applying for my son will make the case complex or not.

wk_hsmp06 wrote:

bani wrote: As I mentioned before my son born at 18 feb this year and still got no visa stamped on his passport. We might need to travel before I get ILR next year jan 2012, So can I send his passport along with my and wifes passport or wait for our correction and apply separately for dependant visa. I guess initally dpendant visas were free not sure though.

Please advise that wether applying for my son will make the case complex or not.

The correction process has been taking only 2 weeks for most people. So I would get the correction first on your and your wife's visa. Then apply for your son's dependant visa so it will also have the correct date.

The correction team cannot just give your son a visa when he didn't have one before. It's not the purpose of this correction, you'll have to find out how to apply for him as a dependant and that would need a form and payment.

Good luck.

Did you get your passport back from UKBA yet?