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

hi

i have been reading this section for a couple of days and find myself in a similar kind of situation.

Stamped HSMP april 2005 till april 2006.

Enterd UK july 2005.

Stamped HSMP april 2006 till 2009.

Went for another extension knowing ILR after 5 yrs prior to ILR JR.
Stamped TIER1(GENERAL) april 2009 till 2012.

Refused ILR august 2009(long absences)re-entered UK june 2008.

Assuming my next ILR due on june 2012(ILR after 4 yrs)considering 28 days rule iam still short of 8 days.

Now my query is

1.Can i send my passports to Oliver Rae to make corrections as i landed in UK on july 2005 so validity date should be july not april
and so in the case of my extensions

2.As i re-entered UK in june 2008 after long absences ,will this effect my visa correction request?

3.As i made a unsuccesfully ILR application in 2009 do i still come under ILR JR?

Please some one can clarify and help me

Thank you

Warm regards

All friends,
Can any body tell me. any body recived amended visa back from the home office reciently.
I havent heard from any body.
I want to post my passports but Bit worried about home office will keep my passport for long .

Any news?

Hi All,

I have called then today as well
I reqested the person over the phone
he kept me on hold and checked about the status of my case and asked me to wait my case is still under consideration

he could no comment on the time line

Did any body else managed to contact them and get an update

cheers
dba_kkk

Hi
any can any one help me

Thanks

Regards

In order to check the receipt/progress of my papers I called at 08706067766 (UKBA number) today. On selecting "application status" option a lady told me that they don't have any record matching my details (she asked my extension reference number, extension date, birth date and address). She suggested that I should select "General enquiry" option as my case is different (i.e. sending passports for correction).

So I called the number again and selected "general enquiry" option. This time after telling my royal mail reference number the lady on phone just confirmed that they have got the package. I requested her to send me an email confirmation but she refused. Even about the possible processing time her answer was no.

All I can do now is just wait .

Hi All,

Did any body else managed to contact home office?
did any body recieved passports back?

My update still not yet

cheers
dba_kkk

Not me.

dba_kkk wrote:Hi All,

Did any body else managed to contact home office?
did any body recieved passports back?

My update still not yet

cheers
dba_kkk

Same here... Post was signed on Feb 28 by them. I've called them twice since then, managed to get a confirmation over the phone that my passport is with them and the case is in process. But that's it, they are not willing to give any more update. I think our cases are of the lowest priority to them among all the applications cos we don't pay a penny...

Not sure what else can be done at all, it seems they can keep our passports as long as they want...maybe when 5 years is up, they can stamp ILR directly on it and send my passport back then...

I came accros the link from this forums ILR section and acording to the Policy from 8th april 2011 for ILR for tier 1 ,case worker will consider the gap of upto three months If you are short of 5 years for ILR.
Please have a look this link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
have a look at the page number 46 in this document.

this link was taken from this page

http://www.ukba.homeoffice.gov.uk/sitec ... chapter6a/

Please have a look and reply with the feedback.

Hi I have try to call UKBA on given above phone no and they confirm my passport post has been recieved but refuse to tell me any thing else. they advise me to write to My Oliver Rae for further information on same address on which we have sent our passport.

If any of the HSMP JR covered migrants are falling short of "qualifying residential period for settlement" because their arrival was delayed by not more than 3 months from the date EC became effective (EC issue date) - then they need not send their passports to UKBA for error correction.

ILR - counting continuous period in the UK wrote:Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires.

Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

The above instruction now applies to all (economic) immigration categories.

sushdmehta wrote:If any of the HSMP JR covered migrants are falling short of "qualifying residential period for settlement" because their arrival was delayed by not more than 3 months from the date EC became effective (EC issue date) - then they need not send their passports to UKBA for error correction.

ILR - counting continuous period in the UK wrote:Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires.

Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

The above instruction now applies to all (economic) immigration categories.

This is a very great welcome relief.

This is my scenario, I got Entry clearance Nov 2nd, '06 but arrived UK Dec 31st '06 which is less than 3 months.

My question is will I be eligigble to submit my ILR application 28 days before November, 2nd 2011? Which will be like October 5th at the earliest

The 28 days provision is generally used from the anniversary of date of entry (overseas applicants) / issue date of leave to remain (in-country applicants).

In such cases, one may not be able to take advantage of the 28 days allowance when applying in-person. But you may apply by post.

sushdmehta wrote:The 28 days provision is only to be used from the anniversary of date of entry (overseas applicants) / issue date of leave to remain (in-country applicants).

In such cases, one may not be able to take advantage of the 28 days allowance when applying in-person. But you may apply by post.

Hi Sush:

I am lost here. My current leave expires Nov 2nd, '11 which is 28 days short
of the the day I should be elegible for ILR which is Dec 2nd.

My question is:
1. going by the new rules you posted which are eeffective April 19th, am I suppose to still send my current leave for correction OR I should be able to apply 1 month before Nov 2nd?

Apply before your current leave expires (not necessarily 28 days before) and request consideration under the given instruction in the IDI.

Whether or not you wish to get the error corrected is entirely your choice, but there is no need to do so anymore.

Also, if one is interested to only apply in-person on the very first day he is allowed to do so (28 days before) and unable to wait a bit longer to apply nearer to the date of expiry, then it might be wise to get the error correction done ... to avoid any complications.

For HSMP JR protected migrants there is a legal provision for UKBA to correct the errors but for other economic migrants there is none. This instruction extends the same benefit to all.

sushdmehta wrote:Apply before your current leave expires (not necessarily 28 days before) and request consideration under the given instruction in the IDI.

Whether or not you wish to get the error corrected is entirely your choice, but there is no need to do so anymore.

Also, if one is interested to only apply in-person on the very first day he is allowed to do so (28 days before) and unable to wait a bit longer to apply nearer to the date of expiry, then it might be wise to get the error correction done ... to avoid any complications.

For HSMP JR protected migrants there is a legal provision for UKBA to correct the errors but for other economic migrants there is none. This instruction extends the same benefit to all.

Thanks alot! Muchas Gracias!! Obrigado!!! Merci Boku!

Finally, what does IDI mean? How do one make reference to the IDI in communication with UKBA.

olawest wrote:Finally, what does IDI mean?

Immigration directorate instructions wrote:The immigration directorate instructions (IDI) are internal guidance for our staff on the handling of applications.

olawest wrote:How do one make reference to the IDI in communication with UKBA.

1:1 if applying in-person. In a cover letter if applying by post. If the form has a "additional information" section, mention it there for sure - irrespective if you apply by post or in-person.

sushdmehta wrote:If any of the HSMP JR covered migrants are falling short of "qualifying residential period for settlement" because their arrival was delayed by not more than 3 months from the date EC became effective (EC issue date) - then they need not send their passports to UKBA for error correction.

ILR - counting continuous period in the UK wrote:Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires.

Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

The above instruction now applies to all (economic) immigration categories.

I do not want to create confusion here but where does it specify that this provision applies to all categories? It only mentions that this applies to cases where "continuous leave of five years was granted". I thought this means work permit holders who are given a five year leave to remain at the outset?

rkc wrote:

sushdmehta wrote:If any of the HSMP JR covered migrants are falling short of "qualifying residential period for settlement" because their arrival was delayed by not more than 3 months from the date EC became effective (EC issue date) - then they need not send their passports to UKBA for error correction.

ILR - counting continuous period in the UK wrote:Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires.

Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

The above instruction now applies to all (economic) immigration categories.

I do not want to create confusion here but where does it specify that this provision applies to all categories? It only mentions that this applies to cases where "continuous leave of five years was granted". I thought this means work permit holders who are given a five year leave to remain at the outset?

The current revised notice applies to all categories listed in the document.

rkc wrote:I do not want to create confusion here but where does it specify that this provision applies to all categories? It only mentions that this applies to cases where "continuous leave of five years was granted". I thought this means work permit holders who are given a five year leave to remain at the outset?

Tier 1 settlement guidance (Annex B -> 2.2).
Tier 2 settlement guidance (5.2).
Other categories (page 3 and 4).

Leave under HSMP / Tier 1 (General) / Tier 2 was never granted for 5 years in a single instance. It was always initial grant + extension to make up 5 years (e.g. - 1+4, 2+3, 3+2), therefore the meaning of "granted five years continuous leave" in the text of the relevant instruction in the various documents should not be assumed to be "granted five years continuous leave in one instance".

Hi All,

update from me

Still waiting

what about you guys?

cheers
dba_kkk

Please post when there is a "real" update to share. Until then, assume status to be "still waiting". See no point in repeated "still waiting" / "have you got your passports back" posts .. other than cluttering the topic with information of no value.

IMHO ....

I got mine back finally after 8 weeks waiting.

Hi,
Congrats to know that you have received your passports back. How many days extention did you get? when did you post your passports to oliver rae

7th Mar posted to Oliver Rae, roughly extra 10 weeks on top of the old visa